Losing a loved one is completely devastating, and is even more so when due to an accident.
Fortunately, Colorado has the Wrongful Death Act. This law can help you to recover damages from the person or company that is liable for the tragedy – whatever type of accident it was. (See the 6 Most Common Types of Wrongful Death Cases.)
This incredibly important law can help you to survive financially when a loved one dies suddenly.
Consider, for example, if a stay-at-home mother loses her partner who is killed by a drunk driver.
Suddenly, that woman’s entire life is wrecked – her life partner and income – gone. The Wrongful Death Act allows the surviving partner to recover the lost earnings that the deceased party would have earned for decades in the future.
Colorado also has a Survival Statute that allows all actions to survive the death of the injured party. So, the beneficiary or personal representative of the deceased’s estate may recover loss of earnings and expenses that were incurred before death.
The Act also allows you to get a flat ‘solatium award’ in lieu of non-economic damages, which is adjusted upwards for inflation from $50,000.
Most states will have caps in place for non-economic damages – see our guide to Colorado Damages Caps. But at the very least, Colorado state law does allow you to recover substantial damages in a wrongful death action.