Losing a loved one is one of the most painful experiences anyone can endure. When that loss is caused by someone else’s negligence, the grief can be even more overwhelming. In Colorado, the law allows surviving family members to seek justice through a wrongful death claim. But what exactly qualifies as a wrongful death case, and what are the key elements needed to pursue one?
At Debbie Taussig Law, a woman-owned personal injury law firm in Boulder, we’re committed to helping families navigate these difficult situations with compassion and expertise. In this post, we’ll explain what qualifies as a wrongful death case in Colorado and the key elements needed to pursue a successful claim.
What is a Wrongful Death Case?
In Colorado, wrongful death laws are found under Colorado Revised Statute § 13-21-201 and §13-21-202. Per those statutes, a wrongful death occurs when a person dies as a result of someone else’s wrongful act, negligence, or misconduct. It’s important to note that not every tragic death qualifies as wrongful. The key is that the death must have been caused by another party’s negligence or intentional actions, and whether the deceased person could have brought a personal injury claim had they survived.
Common examples of wrongful death cases include:
- Car accidents caused by reckless, drunk, or distracted driving
- Medical malpractice where a healthcare provider’s error leads to fatal injuries
- Workplace accidents, particularly in dangerous industries like construction
- Defective products that cause fatal injuries to users
- Criminal acts, such as assault or homicide
In each of these cases, the deceased’s family may have the right to seek compensation for their loss.
Is Wrongful Death a Civil or Criminal Claim?
Wrongful death is a civil claim. The purpose of a wrongful death claim is to allow the survivors of the decedent to receive compensation. There are not criminal charges in a wrongful death claim. However, criminal charges may be incurred separate from the wrongful death claim.
Who Can File a Wrongful Death Claim in Colorado?
Colorado law has strict guidelines about who can file a wrongful death claim. The right to file is limited based on the relationship to the deceased and the timing of the claim:
- In the first year following the death, only the deceased’s spouse can file a wrongful death claim.
- In the second year, both the spouse and any surviving children have the right to file.
- If there is no spouse or children, the deceased’s parents may file a claim.
We will delve further into this topic and explain eligibility and who can file a wrongful death claim in a separate post.
Key Elements of a Wrongful Death Case
To successfully pursue a wrongful death claim, the plaintiff must prove several key elements. These elements are similar to those in a personal injury case, but with the tragic outcome of death.
- Negligence or Intentional Harm The defendant must have a duty to the victim to act negligently. Negligence is failure of ordinary care. In addition, intentional conduct may be a basis for a wrongful death claim. For example, in a car accident, the defendant might have been speeding or texting while driving, causing the fatal crash.
- Death In wrongful death cases, there must be a deceased person. If the person survived, there is a personal injury claim rather than a wrongful death claim.
- Causation It’s not enough to show that the defendant was negligent; you must also prove that their actions directly caused the death of your loved one. If there were other factors that contributed to the death, the defendant’s negligence must be shown to be a primary cause.
- Damages Finally, the plaintiff must prove that the family has suffered measurable damages due to the wrongful death. Damages may include:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship and emotional support
- Unearned wages
- Loss of Services
- Emotional anguish and sorrow endured by surviving family members
- Medical expenses incurred before the death
- Exemplary damages (if applicable)
Compensation in a Colorado Wrongful Death Case
In Colorado, surviving family members can seek both economic and non-economic damages in a wrongful death case. Economic damages cover financial losses such as medical bills, lost wages, and funeral costs. Non-economic damages include emotional pain and suffering, loss of companionship, and loss of the deceased’s guidance and support.
Colorado has increased a cap on wrongful death cases, not including wrongful death from medical malpractice. In 2024, this cap is around $598,350, but in 2025 the cap increases to $2.125 million (with future inflation adjustment).
How a Personal Injury Law Firm Can Help
Wrongful death cases are complex, and the emotional toll on families can be overwhelming. That’s why it’s critical to have an experienced attorney by your side to guide you through the legal process. At Debbie Taussig Law, we provide compassionate representation to families in Boulder and across Colorado who are seeking justice for their loved ones.
Our firm will help you gather the evidence needed to prove negligence and fight for your family’s rights. If you’ve lost a loved one in a preventable accident, you don’t have to face this journey alone.
Conclusion
In Colorado, a wrongful death case allows grieving families to hold responsible parties accountable for their loved one’s untimely death. Whether the cause is a car crash, medical malpractice, or another act of negligence, a wrongful death claim can provide much-needed financial relief and a sense of justice.
If you believe your family has grounds for a wrongful death claim, Debbie Taussig Law is here to help. Contact us today to learn more about how we can assist you during this difficult time. Call us today at 303-442-0176.
