Wrongful Death Attorneys in Fort Collins, CO

Table of Contents

• What is a Wrongful Death Claim?
• Types of Accidents Leading to Wrongful Death Claims
• How to Prove a Wrongful Death Case in Fort Collins
• What Damages Can Be Won in a Wrongful Death Lawsuit?
• How Much Money Can I Recover in a Fort Collins Wrongful Death Lawsuit? 
• What are the Damage Caps in Colorado?

What is a Wrongful Death Claim?

The death of a loved one as a result of the acts of another is a claim that the survivors of the deceased can pursue against the party who caused the accident.

Types of Accidents that Lead to Wrongful Death Claims

Several types of situations can give rise to a wrongful death claim, including the following:

• Bicycle Accidents
• Car Accidents
• Medical Negligence
• Motorcycle Accidents
• Nursing Home Negligence
• Pedestrian Accidents
• Slip and Fall Accidents
• Truck Accidents

Proving a Wrongful Death Case in Colorado

To prove a wrongful death case, the survivor must prove that, had the deceased survived, the deceased could have pursued damages in a personal injury case.  Additionally, the survivor must prove that the deceased did not bear the majority of fault for the injury.

In proving the wrongful death claim, the requirements to prove personal injury claims still apply.  In other words, the survivor must prove that the other party owed a duty of care to the deceased, that the duty was breached, and that the breach ultimately caused the injury and death.

What Damages Can Be Recovered in a Fort Collins Wrongful Death Claim?

In Colorado, the survivors of a loved one, including a surviving spouse, surviving parents, or surviving children, can maintain a legal action to recover compensation for the death of their loved one.  The claim is intended to compensate those who suffer direct losses as a result of the wrongful death of a loved one. The survivors can recover both economic damages and non-economic damages for the wrongful death. 

Economic damages can be recovered for any medical bills and funeral expenses, which were incurred as a result of the injury and death, as well as any financial benefits the survivor reasonably would have been expected to receive had the loved one survived.  This could include lost wages and lost financial benefits, such as health insurance or life insurance. 

Non-economic damages are recoverable for loss of support, impairment of the quality of life, grief, loss of companionship and society, pain and suffering, and emotional stress. 

When determining the amount of financial benefits the survivor would have expected to receive, the following factors should be considered:

• The age, health, and life expectancy of both the deceased loved one and the survivor
• The deceased’s industriousness and ability to earn money
• The deceased’s willingness to assist the survivor
• The kinship or legal relationship between the deceased and the survivor

Wrongful death actions are complicated and often disregarded by insurance companies.  Get in contact with HSD Law to discuss your claims by calling (970) 221-2800. We can help you tell the story of your loved one and get you the compensation you deserve.

How Much Money Can I Recover in a Fort Collins Wrongful Death Lawsuit? 

The amounts you can recover depend on many things, including the severity of your injuries, the amount of your lost income, the value of your lost or damaged property, the degree to which your life has been impacted, the amount of your medical bills, and the amount of your future medical expenses.

The amount of money you recover is called “damages.” Our legal system has different categories of damages that you can claim depending on the specific circumstances in your case. In personal injury claims, there are four (4) primary categories of damages. They are economic damages, non-economic damages, permanent impairment damages, and disfigurement damages.

1. Economic Damages are repayment for financial losses or expenses you have because of the incident. These include things like medical bills, lost pay, and damaged property.
   2. Non-Economic Damages are compensation for things like living with pain, enduring emotional distress, and being unable to enjoy your life and do the things you did before you were injured.
   3. Physical Impairment Damages compensate you if you are permanently impaired as a result of your injuries.
   4. Disfigurement Damages are compensation for scarring, amputation, or other permanent disfigurement to any part of your body.

What are the Damage Caps in Colorado?

Damage caps are limits on the amount you can recover. Current non-economic damages caps for civil actions filed on or after January 1, 2025, are $1.5 million. The damage limitation will increase at regular intervals every 2 years starting January 1, 2028, to offset inflation.

There are no damage caps on economic, physical impairment, or disfigurement damages.

In Wrongful Death cases, the damages are for the harm suffered by surviving family members and dependents. They include:

1. Economic Damages include funeral expenses and lost income or financial support provided to family members.
2. Non-Economic Damages recognize your grief, loss of companionship, emotional stress, and pain and suffering.
3. A “Survival Act” claim can also be made for the victim’s medical bills caused by the accident.

There are non-economic damage wrongful death damage caps in Colorado. Wrongful death damage caps are limits on the amount you can recover. Current wrongful death non-economic damages caps for actions filed after January 1, 2025, are $2.125 million. The damage limitation will increase at regular intervals every 2 years starting January 1, 2028, to offset inflation.

All of the above categories of damages are based on the harm you suffered. But there may also be times when the defendant must pay additional damages because their conduct was so bad. “Punitive” or “Exemplary Damages” apply if a defendant was more than negligent. Negligent basically means careless. But if a defendant was more than careless, if he was reckless, then he might have to pay punitive damages. Punitive damages are meant to punish the defendant for acting in a way that is so clearly dangerous that it is likely to seriously hurt someone. Punitive damages do not come into play in most cases.

“Statutory Damages” can be awarded in circumstances where a defendant violates a specific statute that provides certain damages. One such statute is the unfair denial or delay of a payment that your own insurance company owes you. C.R.S. sections 10-3-1115 and 10-3-1116. These damages apply when you make an uninsured or underinsured claim with your own insurance company, and they deny payment even after they have received enough information to prove you should be paid. If this happens, the insurance company may have to pay treble damages (three times (3x) the amount of your claim) plus your attorneys’ fees and costs.

If you are partially at fault for causing the incident, your damages can be reduced by the percentage that you are at fault, which is called comparative negligence.

There are also other types of damages not covered by this post. The amounts you can recover depend on the specific circumstances of your case. It’s important to know which categories apply in your case and how to prove damages to an insurance company. Feel free to contact us if you would like to discuss the specific types and amounts of damages that apply in your case.