Who Pays for a Wrongful Death Lawsuit?

In Colorado, when one person dies because of another person’s careless or wrongful act, the deceased victim’s surviving family members have the right to file a wrongful death lawsuit to hold the responsible party accountable. Who will pay for a wrongful death lawsuit will depend on the circumstances surrounding the victim’s death. Our Denver wrongful death attorneys are here to explain this confusing situation.

Liability in a Wrongful Death Lawsuit

A wrongful death lawsuit can be viewed as similar to a personal injury claim that the deceased person (decedent) could have filed against a party had he or she survived the accident. Justice for the decedent can still be sought against the responsible party or parties through a wrongful death claim after the death.

Colorado’s wrongful death law (Revised Statute § 13-21-202) states:

• Section 13-21-202 – Action notwithstanding death
  • When the death of a person is caused by a wrongful act, neglect, or default of another, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who or the corporation which would have been liable, if death had not ensued, shall be liable in an action for damages notwithstanding the death of the party injured.

Liability – meaning legal and financial responsibility – in a wrongful death claim will be appointed to the person or party most at fault for causing the death of the victim. Making this determination typically requires a thorough investigation of the fatal accident.

How to Prove Fault in a Wrongful Death Case

The cause of an individual’s death will be closely evaluated and analyzed during a wrongful death claim in Colorado. The goal of the investigation is to determine if another individual or entity reasonably should have done something to prevent the fatal injury or illness. If so, that party can be held liable during a lawsuit.

In a wrongful death case, it is the plaintiff or filing party’s burden to prove liability. This typically requires evidence of the defendant’s negligence, or failure to act with reasonable care. Proving negligence means demonstrating that the defendant owed a duty of reasonable care toward the decedent, breached this duty of care and caused the death.

Insurance Coverage for a Wrongful Death in Colorado

Although it is possible to sue an individual for wrongful death and receive payment directly from his or her assets, this is uncommon. The majority of wrongful death lawsuits are filed with insurance providers who absorb liability on behalf of their policyholders.

A successful case could lead to financial compensation from an insurance carrier for the following damages:

• The decedent’s final medical bills
• Funeral and burial costs
• Lost financial support and inheritance
• Grief and pain and suffering
• Loss of companionship or consortium

Your family may have grounds to file a claim with an automobile, property or commercial insurance provider for the preventable loss of a loved one’s life, depending on the cause of death. Most wrongful death cases reach settlements outside of court, but some require trials to receive adequate compensation.

How Can a Wrongful Death Lawyer in Colorado Help?

Navigating your wrongful death lawsuit can be incredibly difficult while also processing the loss of someone close to you. The best way to handle your claim is by hiring an experienced injury attorney in Denver to represent your deceased loved one. 

Your lawyer can seek justice, accountability and fair financial compensation for your significant loss while making sure your family has everything it needs along the way. From investigating the fatal accident to proving liability with compelling evidence, a lawyer can get the best possible results for your case.