How Are Damages Calculated in Colorado Wrongful Death Claims?

Losing a loved one is always devastating. When that loss is caused by someone else’s negligence, the emotional and financial toll can be overwhelming. In Colorado, families have the right to file a wrongful death claim to seek compensation for both economic and emotional losses.

Understanding how damages are calculated in these cases is essential. It not only helps families know what to expect but also ensures they receive fair compensation for the hardship they’ve endured. Let our seasoned personal injury lawyers evaluate the strength of your wrongful death claim.

Types of Damages Available

In Colorado wrongful death claims, damages are divided into two main categories: economic and non-economic. Economic damages cover tangible financial losses like the deceased’s lost income or funeral costs. You can build a case for economic damages using documentary evidence like invoices or bills.

Non-economic damages focus on intangible losses like grief, sorrow, emotional suffering, and loss of companionship. Courts take both into account when awarding compensation, though different rules and limitations may apply depending on the circumstances of the case.

How Economic Damages Are Calculated

Economic damages aim to quantify the financial support the deceased would have contributed over their lifetime. Courts consider factors such as the individual’s age, occupation, salary, employment history, and life expectancy. These calculations may also include future benefits, like retirement contributions or expected promotions. Funeral and burial expenses are also factored in. Expert testimony, such as from economists or actuaries, is often used to estimate these future losses with greater accuracy.

Limits on Non-Economic Damages

Colorado places caps on non-economic damages in wrongful death claims, which can significantly impact the total compensation a family receives. These limits have shifted over the years, and it is vital that you have legal counsel who can keep you updated on how they will apply to your case.

Who Can File and Recover Damages

State law restricts who can bring a wrongful death claim. In the first year after death, only the surviving spouse may file. In the second year, children and designated beneficiaries may also bring a claim.

If there is no surviving spouse or children, parents may file. The value of a damage award can vary depending on the claimant’s relationship to the deceased and the nature of their dependency. This structure ensures claims are brought by those most closely impacted by the loss.

Let Rodemer | Kane Help With Your Wrongful Death Claim

If you have lost a loved one due to negligence, you may be entitled to compensation. Pursuing these claims can be challenging without a team of dedicated attorneys behind you. The good news is Rodemer | Kane is here to advocate on your behalf. Contact us as soon as possible to schedule your private consultation.