Wrongful Death

The death of a family member is one of the hardest things to go through. When the death is the result of someone else’s negligence, it is even harder. That’s because loved ones left behind have to deal with their own grief while weighing the merits of seeking legal justice for the deceased and their dependents.

At Scardina Law, our Denver attorneys know that bringing a lawsuit will never bring your loved one back. But we also know that for many people, seeking justice in the event of a wrongful death can help family and loved ones obtain closure, hold the negligent parties accountable and ensure that surviving loved ones are taken care of financially.

Wrongful death cases are handled differently than personal injury claims. The state’s wrongful death laws are enumerated in Colorado Revised Statutes §§ 13-21-201-204. These statutes identify who can bring a claim, what statute of limitations applies (two years) and what damages can be recovered under the circumstances.

Typically, damages in a wrongful death case provides compensation for outstanding medical expenses that were incurred prior to and after the death, funeral and burial costs, compensation for the loss of past and future financial support, noneconomic damages related to grief, loss of companionship, sorrow and in some circumstances, punitive damages intended to punish the defendant for reckless behavior. Keep in mind that in wrongful death actions, some damages are capped and other damages can only be awarded if the deceased has surviving dependents, including a spouse or minor children.

Within the first year, Colorado’s wrongful death statute confers upon the surviving spouse the initial and exclusive rights to file a wrongful death claim. However, in the second year, the spouse, surviving children, parents and any other designated beneficiary may bring a claim too.