Can You Recover Punitive Damages for Wrongful Death in Colorado?

 Posted on October 15, 2025 in Wrongful Death

There are two types of damages for personal injury claims. Compensatory damages cover your losses, and punitive damages, also known as exemplary damages, serve a different purpose. While it is rare, you can recover punitive damages in a Colorado wrongful death case. To find out whether punitive damages might be available in your case, talk to the Fort Collins, CO wrongful death lawyer at Hoggatt Law Office, P.C.. He will ensure your claim covers all available damages.

How Do Punitive Damages Work in Colorado?

Most damages in civil cases are compensatory, which means they are meant to pay for actual losses such as medical bills or lost income. Punitive damages do not cover anything you lost. They are designed to punish the wrongdoer and discourage others from acting the same way in the future.

Under Colorado Revised Statutes § 13-21-102, a court may award punitive damages if the defendant’s actions were willful, wanton, or malicious. "Willful" means the person knew what they were doing was wrong. "Wanton" means they ignored obvious risks that could hurt someone. "Malicious" means they acted with the intent to cause harm.

Courts do not award punitive damages automatically. First, you must prove that your family is owed compensatory damages. After that, the judge or jury can decide if the defendant’s behavior was bad enough to deserve extra punishment.

Colorado also places limits on punitive damages. In most cases, the amount cannot be more than what was awarded for compensatory damages unless there is strong proof that the wrongful conduct continued after the injury.

Wrongful Death Cases Where Punitive Damages May Apply

Examples of cases where the defendant’s behavior shows a conscious disregard for human life that may warrant punitive damages include:

• A company knowingly sells a defective product that causes a fatal injury

• A drunk driver with multiple DUI convictions causes a deadly crash

• A nursing home hides abuse or neglect that leads to a resident’s death

• A property owner ignores serious safety hazards despite repeated warnings

• A trucking company forces drivers to work unsafe hours that result in a fatal wreck

• A hospital covers up medical errors or falsifies patient records after a death

What Damages Can You Recover From a Wrongful Death Claim in Colorado?

Even if you do not receive punitive damages, you may still recover important compensation after losing a loved one. Under C.R.S. § 13-21-201 of the Wrongful Death Act, you can seek payment for financial losses, such as medical bills, funeral costs, and the income your loved one would have earned. You can also recover damages for the emotional pain of your loss, including grief and the loss of companionship, love, and guidance.

The Colorado Survival Statute, under C.R.S. § 13-20-101, also lets your loved one’s estate recover for losses they had before death. This may include unpaid medical bills or property damage. Every case is different, and your attorney will help you identify all recoverable compensation in your case.

Contact a Larimer County, CO Wrongful Death Attorney Today

Punitive damages can serve as a powerful reminder that reckless or intentional behavior has serious consequences. You should be able to hold the person responsible for your loss accountable. An experienced Fort Collins, CO wrongful death lawyer at Hoggatt Law Office, P.C. can help.

Attorney Hoggatt, a respected member of the Colorado Trial Lawyers Association and the Workers' Compensation Education Association, is dedicated to helping families through the most difficult times of their lives. He combines experience, compassion, and a deep understanding of Colorado law to pursue fair results for every client. Contact Attorney Hoggatt today at 970-225-2190 to schedule a free consultation and discuss your case. Se Habla Español.