Common Types of Wrongful Death Cases in Colorado

Wrongful death occurs when someone’s life is taken because of the negligence or intentional actions of another party. In Colorado, when this happens, the surviving family members may be entitled to file a wrongful death lawsuit. These claims usually involve:

• Car accidents. Motor vehicle accidents are among the leading causes of wrongful death. If someone’s negligence behind the wheel causes the death of a person, the deceased’s family may have grounds for a wrongful death lawsuit.
• Medical malpractice. Medical malpractice occurs when a healthcare professional fails to provide the accepted standard of care. When this results in the death of the patient, surviving family members may have a claim. Errors during surgery, misdiagnosis, medication mistakes, or improper treatment can all lead to wrongful death claims.
• Workplace accidents. Workplace accidents can lead to wrongful death, especially in high-risk industries like construction, manufacturing, or mining. While workers’ compensation claims may cover some damages, including funeral costs, they typically do not account for the full range of losses, including pain and suffering.
• Defective products. If a product fails to meet safety standards or is improperly designed or manufactured, the responsible parties may be held accountable for the death it causes.
• Recreational accidents. Injuries on ATVs, in sports games, and at swimming spots can become fatal. For example, someone diving into a pool or someone who is in a boating accident can suffer a fatal head injury. Fatal injuries can also happen in Colorado’s ski and snowboarding areas.
• Premises liability. Property owners have a duty to maintain a safe environment for visitors. If a property owner’s negligence leads to a fatal accident—such as a slip-and-fall—it may be grounds for a premises liability or wrongful death claim. Pool injuries and drownings are also a common cause of premises liability and wrongful death claims.
• Crime. In cases where a person’s death results from an intentional act of violence, the family may file a wrongful death lawsuit in addition to any criminal charges filed by the state. Even if a criminal defendant is acquitted in a criminal court, a wrongful death civil case can still be pursued. In cases where the perpetrator is never caught, families may still be able to file a premises liability claim or another personal injury suit.
• Nursing home abuse. Families of elderly residents who pass away due to nursing home mistreatment may pursue wrongful death claims against the facility or its staff.
• Bicycle and motorcycle accidents. Bicycle and motorcycle accidents tend to lead to wrongful death claims because bikers have few layers of protection and can sustain fatal head trauma or other fatal injuries in a crash.
• Truck accidents. Similar to bicycle and motorcycle accidents, truck accidents have a high rate of fatal injuries because of the size and force of commercial trucks in comparison to smaller vehicles on the road.
• Defective products. Unsafe products can lead to life-threatening injuries. For example, when electronics overheat or explode, they can cause fatal injuries. Faulty car breaks and car parts can cause accidents, while poorly designed appliances can cause house fires.

These are just some of the reasons why a wrongful death claim may be filed. Anytime someone’s death could be preventable, it may be worthwhile consulting with wrongful death attorneys in Colorado to find out what your rights may be.

Common Causes of Wrongful Death Cases in Colorado

A life can end in an instant due to the wilful actions of an at-fault party. Below are some of the most frequent causes of wrongful death cases:

• Distracted driving, speeding, drunk driving, and driver negligence that leads to vehicle accidents.
• Poor communication and inadequate policies that lead to medical malpractice and workplace accidents.
• Fatigue and distraction, which can lead to fatalities on the roads, in the workplace, and in medical settings.
• Substance use, which can lead to poor judgment and deaths.
• Cost-saving measures that can lead to faulty products or inadequate security.
• Intentional action.
• Poor maintenance of properties and pools, which can lead to falls, drownings, and other fatal accidents.
• Inadequate supervision or safety precautions, especially in schools, nursing homes, medical settings, and workplaces.
• Anger, which can lead to assault or road rage incidents.

Any time someone acts with an intent to harm or without concern for other people’s safety, that person can be held liable if their actions lead to a death.

Understanding Wrongful Death Cases in Colorado

A useful way to think about wrongful death cases in Colorado is to consider whether the person who has passed would have had a claim if they had survived. If they did, the family likely has a claim. For example, if someone is struck by a drunk driver and passes away, the family likely has a case because the victim would have had a claim if they had survived. In this case, the drunk driver is clearly at fault.

For many families, thinking about a wrongful death claim is hard because they are devastated. However, these claims aren’t designed to turn back the clock. They’re designed to compensate you for the financial reality of losing a loved one. They can give you the resources you need to get therapy, to start rebuilding your life, and to support your family. They also hold responsible parties accountable and can give families a sense of closure by ensuring that the at-fault parties are financially incentivized to make changes to prevent further harm.

Who Is Liable in Wrongful Death Claims?

When a loved one dies due to someone else’s actions or negligence, there is usually one person or a group of people directly responsible for the death. These are often the primary defendants in a wrongful death case. However, in many cases these defendants are represented by insurance companies. For example, if your loved one passes after a slip and fall on someone’s property, you will likely be filing a claim against their homeowner’s insurance company, because the defendant is covered by that entity.

It is also useful to look beyond the primary defendants for other potential liable parties who may have contributed to the death. For example, in a wrongful death claim, the employers of a doctor or the hospital may have had policies that contributed to the fatality. It is useful to look at property owners, employers, manufacturers, and government entities who may have contributed to the fatality.

Finding all liable parties will usually involve an in-depth investigation, but it can improve your chances of securing fair compensation for your losses.

Understanding Negligence in Colorado Wrongful Death Cases

Negligence occurs when an individual or entity fails to exercise reasonable care, resulting in harm to another person. In the context of a wrongful death case, negligence refers to actions—or the lack of actions—that directly lead to a fatal incident.

To prove negligence in a wrongful death case, four elements must be established:

1. The defendant (the entity being sued) must have had a legal duty to exercise care toward the deceased. For example, healthcare providers owe a duty to their patients to provide competent care and property owners have a duty to maintain safe premises for visitors.
2. The defendant must have breached the duty of care. A breach occurs when the defendant fails to meet the standard of care required by law. For instance, if a driver runs a red light and causes an accident, they have breached their duty of care.
3. The defendant’s breach of duty must have caused the fatal injury. If the defendant’s negligence directly led to the death, causation is established.
4. The fatal incident must have caused damages. The plaintiff (the surviving family members) must show that damages, such as emotional distress, medical expenses, or lost income, were caused by the fatal incident.

Experienced wrongful death lawyers in Colorado can gather evidence and build a strong case that shows all four of these components.

Compensation in Wrongful Death Claims

Wrongful death claims aim to provide relief to the surviving family members by covering both tangible and intangible losses. The most common forms of compensation that may be pursued include:

• Medical expenses for the individual before they passed.
• Funeral and burial costs.
• Lost wages, future earning potential, and contributions to the household, if the person who has been fatally injured was a breadwinner for their family.
• Compensation to cover the loss of health insurance, retirement benefits, or other financial benefits that the individual may have contributed to the family.
• Pain and suffering.
• Loss of companionship, guidance, love, and support.
• Services that a family needs to pay for now that the family member can no longer help (for example, child care services if the family member who has been lost took care of the kids).

In certain wrongful death cases, punitive damages may be awarded if a defendant’s actions were especially harmful or malicious. Such damages are rare, and they’re meant to prevent similar fatalities in the future.

If you’re wondering what kind of compensation you may be eligible for after a loved one has passed, speak with wrongful death lawyers in Colorado who can look at the specifics of your case and explain what you may be able to expect.