When someone dies because of another party’s negligence, Colorado law allows two types of civil claims: wrongful death and survival actions. Though they arise from the same event, these claims serve different purposes. A wrongful death lawsuit compensates surviving family members, while a survival action allows the deceased’s estate to recover damages the individual could have claimed had they lived.
Working with a qualified wrongful death attorney is the best way to understand your rights and take appropriate legal action.
What Is a Wrongful Death Claim in Colorado?
A wrongful death claim allows certain family members to seek damages for the emotional and financial harm caused by a loved one’s preventable death. Common causes include car accidents, medical malpractice, and workplace incidents. According to C.R.S. § 13-21-201, the surviving spouse has the exclusive right to file in the first year after death. In the second year, children may file, and the parents may pursue the claim if there is no spouse or children.
Purpose and Who Can File
This type of claim focuses on the family’s loss, including grief, financial hardship, and emotional suffering. Only specific relatives have legal standing to bring the claim, and the order of eligibility is strictly defined. Consulting a wrongful death law firm in Colorado early can help ensure you meet the filing requirements and avoid unnecessary delays.
Types of Damages Recoverable
Damages in a wrongful death claim may include lost future income, funeral expenses, and compensation for emotional distress, companionship, and guidance. These financial and emotional losses are personal to the family and are meant to help ease the burdens caused by a sudden and tragic death.
What Is a Survival Action in Colorado?
A survival action, governed by C.R.S. § 13-20-101, is brought by the deceased person’s estate rather than individual family members. It covers damages the individual incurred between the time of injury and death and becomes part of the estate’s assets.
How Survival Action Differs From Wrongful Death
While wrongful death claims benefit surviving relatives, survival actions benefit the estate. The recovered compensation is distributed according to the deceased’s will or Colorado’s intestacy laws. This claim addresses the losses suffered by the deceased, not the emotional toll on their family.
Types of Damages in Survival Actions
Recoverable damages include medical bills and lost income from the period between the injury and death. However, survival actions do not cover non-economic damages like pain and suffering. A Denver wrongful death law firm can help determine whether a survival action, wrongful death claim, or both are appropriate in your case.
Key Differences Between Wrongful Death and Survival Actions
Though both claims stem from the same event, they differ in who can file, who benefits, and the types of compensation available. Understanding these differences is important when deciding how to proceed.
Who the Claim Benefits
Wrongful death claims benefit surviving family members and directly compensate them for their personal losses. Survival actions benefit the estate, and any damages recovered are distributed according to estate law. The distinction affects how compensation is divided and who ultimately receives it.
Legal Timeframes
Both claims have a two-year statute of limitations. For wrongful death claims, only the spouse may file during the first year, with children and parents gaining eligibility in the second. Survival actions can be filed by the estate representative at any point within the two-year period, without restrictions on order of filing.
Can You File Both a Wrongful Death and Survival Action?
Yes, it’s common to pursue both claims together. Doing so allows families to seek full compensation for all losses related to the death of a loved one.
Situations Where Both May Apply
Both claims may be appropriate when the deceased lived for a period after the injury, such as time spent hospitalized. The survival action covers the decedent’s lost wages and medical costs, while the wrongful death claim addresses the family’s longer-term emotional and financial harm.
Together, these claims provide a more complete path to recovery. A wrongful death attorney in Denver can evaluate your case and help ensure you pursue all available options.
What to Do If You’re Facing a Denied Wrongful Death Claim
A denied wrongful death claim can be devastating, but a denial doesn’t always mean the end of the case. Legal help can uncover the reason for denial and identify a path forward.
Common reasons include a lack of evidence, disputes over who was at fault, or questions about who has legal standing to file. Insurance companies may argue the death wasn’t caused by negligence or dispute the relationship between the deceased and the claimant.
How a Wrongful Death Law Firm Can Help
If your wrongful death claim has been denied, a wrongful death law firm can review the decision, gather missing evidence, and file an appeal or take the case to court. With the help of a skilled Denver wrongful death lawyer, your chances of success improve significantly.
Work With a Denver Wrongful Death Lawyer Who Understands Both Claims
Whether you’re pursuing a new case or responding to a denied claim, having the right legal representation matters. A knowledgeable Denver wrongful death lawyer can guide you through both wrongful death and survival actions, help protect your rights, and maximize your family’s compensation. Don’t navigate this difficult process alone — get support from a team that understands Colorado law and knows how to fight for justice.
