Each year in Colorado, thousands of people are injured or fall ill due to work-related incidents, entitling them to relief through their employer’s workers’ compensation coverage. However, over 100 Coloradans die each year as a result of their work-related injuries, and many of them leave behind families who may struggle to get by after the death of their loved ones. Fortunately, these families can often obtain financial compensation through a wrongful death claim.

When Can I File a Wrongful Death Claim in Colorado?

An employee can file a workers’ compensation claim when he or she has been injured on the job in the course of work, and the employee’s family members can file a wrongful death claim in a similar situation if the injuries lead to the employee’s death. The employee’s widow or widower has the first right to file a wrongful death suit within the first year after the death, and children and designated beneficiaries of the deceased can join the suit with the spouse’s consent. After the first year, children and other heirs can choose to file a suit without the spouse, and parents may file a suit if the employee has no designated heirs. In general, all wrongful death lawsuits must be filed within the two-year statute of limitations.

When your family member dies as the result of an accident, the accompanying financial ramifications can be devastating and drain any savings you or your deceased family member might have. These include costs related to medical expenses, funeral costs, and lost wages. While accidents do happen, if a death occurs as a result of negligence by another person or party, then you may be able to hold them accountable by filing a wrongful death claim.

Under the Colorado Wrongful Death Act, wrongful death is defined as a death caused by neglect or a wrongful act. If a wrongful death occurs, then the person or party at fault may be held liable for both economic and non-economic damages suffered by the deceased person's family.

Losing someone you love is hard. Losing someone you love because of someone else’s misconduct or negligence can be even harder. Below are some of the most frequently asked questions about wrongful death claims to help you begin to navigate this difficult situation.

#1 What is a Wrongful Death Claim?

Colorado law provides compensation for family members of anyone whose death was the result of “a wrongful act, neglect, or default of another.” Some examples of situations that may justify a wrongful death claim include:

• Death caused by a drunk, reckless, or careless driver
• Death caused by a slip and fall or other hazards on private property
• Death caused by a defective or mis-labeled product
• Death caused by medical malpractice
• Death caused by nursing home negligence or abuse
• Work related deaths
• Death caused by assault, battery, and other crimes

Of course, there is no amount of money that will make up for the loss of your loved one or the grief you are experiencing. The purpose of a wrongful death claim is to protect the interests of family members who, through no fault of their own, are suffering the emotional and financial burden of the loss of their loved one.