What Damages Are Capped in a Colorado Wrongful Death Case?
The death of a loved one is one of the most devastating experiences anyone can go through. When the death is the result of someone else’s negligence, recklessness, or intentional act, it can be even more traumatic. In Colorado, a wrongful death claim can provide some measure of justice and financial compensation for the surviving family members or the estate of the deceased person. However, the damages in a wrongful death case are limited by state law, which can add additional stress and complications to an already difficult situation.
At Mintz Law Firm, we understand the emotional and financial toll that a wrongful death can have on a family. Our experienced wrongful death attorneys are committed to providing personalized and aggressive representation for our clients in all aspects of their cases, including navigating the damages cap in Colorado wrongful death cases. We know that no amount of compensation can truly make up for the loss of a loved one, but we are dedicated to fighting for the maximum damages available under the law to help our clients move forward.
What Damages Are Capped in a Colorado Wrongful Death Case?
When a person’s death is a result of wrongful death, the surviving family can file a wrongful death claim to recover damages. Damages refer to the monetary compensation that the surviving family members or estate of the deceased person may recover in a wrongful death case. In Colorado, damages in wrongful death cases are limited by state law.
Economic Damages
Economic damages refer to the financial losses incurred by the surviving family members or the estate of the deceased person. In Colorado, economic damages include:
- Medical and burial expenses: The surviving family members or estate of the deceased person may recover reasonable medical and burial expenses that were incurred as a result of the deceased person’s injury or death.
- Loss of earnings and earning capacity: This includes the income that the deceased person would have earned had they lived, as well as the future earning capacity that was lost due to the death.
- Property damages: The surviving family members or estate of the deceased person may recover any property damages that were incurred as well.
In Colorado, there is no cap on economic damages in a wrongful death case. However, the plaintiff must provide evidence to support the claimed economic damages.
Non-Economic Damages
Non-economic damages refer to the non-financial losses incurred by the surviving family members or the estate of the deceased person. In Colorado, non-economic damages may include:
- Pain and suffering: The surviving family members or the estate of the deceased person may recover damages for the pain and suffering that the deceased person experienced before his or her death.
- Loss of consortium: The surviving spouse of the deceased person can also recover damages for the loss of the deceased person’s love, companionship, and support.
In Colorado, there is a cap on non-economic damages in a wrongful death case. The cap is adjusted annually for inflation. For 2023, the cap on non-economic damages in a wrongful death case is $571,870.
Punitive Damages
Punitive damages are only awarded in cases where the defendant’s conduct was particularly egregious. In Colorado, there is a cap on punitive damages in a wrongful death case. The cap is set at the lesser of the amount of economic damages awarded in the case, or $1,000,000.
Survival Action Damages
In addition to a wrongful death claim, Colorado law also allows for a survival action claim. The purpose of a survival action claim is to recover damages that the deceased person would have been entitled to recover had they survived. These damages include:
- Medical expenses incurred before death
- Lost earnings before death
- Pain and suffering before death
In Colorado, there is no cap on survival action damages.
Find an Experienced Wrongful Death Lawyer at Mintz Law Firm
The damages cap in a wrongful death case can add an additional layer of complexity and frustration to an already difficult situation. While it may seem unfair, it’s important to have a knowledgeable and experienced legal team on your side to navigate the legal system and fight for the compensation that you deserve.
At Mintz Law Firm, our attorneys have years of experience handling wrongful death cases in Colorado and are dedicated to providing compassionate and aggressive representation for our clients. We understand the toll that a wrongful death can take on a family, and we will work tirelessly to help you get the justice and compensation that you deserve. Contact us today to schedule your consultation by completing our contact form or calling (303) 462-2999.