Who can file a wrongful death claim in Colorado?

[xiii] The Colorado wrongful death statute specifies who may file a wrongful death claim, including time limits to each potential plaintiff’s ability to commence an action. The surviving spouse of decedent is the only person who may file a wrongful death claim in the first year after death.

Is there a cap on damages in Colorado?

Although the Colorado Secretary of State has not yet calculated and certified the new caps for claims filed on and after January 1, 2020, so it is not yet known what the actual limitation will be, we can estimate the new cap amounts for actions commenced on and after January 1, 2020 may be as follows:

What are the damages limits for medical malpractice in Colorado?

Under Colorado law, medical malpractice suits have a limit on the compensation amount patients can receive, topped at $300,000 for noneconomic damages. These damages can include pain and suffering, physical impairment, loss of enjoyment of life, stress, loss of consortium, physical impairment, and disfigurement.

Can a surviving spouse file a wrongful death claim?

The surviving spouse of decedent is the only person who may file a wrongful death claim in the first year after death. During the second year after death, both the surviving spouse and the surviving children of decedent are allowed to file a claim.

How are wrongful death claims handled in Colorado?

Colorado Wrongful Death Claims. In Colorado, a “wrongful death” claim is a civil lawsuit that attempts to establish the liability of one person or company for the death of another. In order to do so, the claimant must demonstrate that the death was caused by the negligence, recklessness, or intentional behavior of another person or entity.

Can a defendant be sued for wrongful death?

It is possible, though, for a single act to result in criminal charges and a wrongful death claim: A defendant can be sued for wrongful death in civil court, even when facing criminal charges related to the same death. Learn more about proving liability in a wrongful death case.

What are types of economic damages in Colorado?

Some common types of economic damages awarded in Colorado include: funeral and burial expenses. Noneconomic damages can be more difficult to quantify than economic damages, but they are intended to compensate for the intangible losses suffered by the deceased person’s family as a result of the death.