Death of a Loved One

Helping Families Recover From The Death Of A Love One

A wrongful death claim is a specific type of action where a loved one has died as a result of negligence. The death may have been caused by an automobile accident, truck accident, bike accident, faulty product, medical negligence or any other type of negligence. Wrongful death claims differ from injury claims because the way the action is brought and the types of damages a family can recover are determined by legislative act. Wrongful death actions differ based upon where the negligence causing death happened and based upon where the action is brought. The attorneys at Jouard & Pickering have more than 50 years of combined experience helping families recover from the devastation of the death of a loved one in Colorado and Wyoming.

The Colorado Wrongful Death Act identifies specifics classes of persons that are authorized to bring suit to recover damages for the death of a loved one. Generally, in Colorado, the spouse of the deceased has priority over all others in bringing an action for wrongful death. In the first year following the death of the loved one, the spouse may elect to include other heirs (generally children) with the spouse's claim or may allow the heirs to bring their own action if the spouse does not want to do so. Beginning with the second year, if the spouse has not brought an action, then the spouse and heirs (generally children) have equal rights to bring the action. In some instances, common law spouses may be able to bring wrongful death claims even though there was no formal marriage. Parents of the deceased have only limited rights to bring an action for wrongful death in Colorado. Generally, the right to bring an action by the parents of the deceased is limited to occasions where the deceased is unmarried and has no children.

The Colorado Wrongful Death Act allows the persons bringing the action to recover all damages for economic losses suffered by them as a result of the loved one's death including those for loss of future wages, benefits and support as well as funeral expenses. In addition, the persons bringing the action may recover damages for grief, loss of companionship, pain and suffering, and emotional distress, but these types of damages are capped by the Legislature. This damages cap does not apply where the killing was "felonious" in nature.

As an alternative to proving the amount of damages suffered, Colorado law allows the persons bringing the action to elect to recover a "solatium" amount of damages which currently is set at $87,210. There is no need to provide evidence of the quality of the relationship with the deceased or evidence of grief, loss of companionship, pain and suffering or emotional distress on the part of the persons bring the action. Those bringing the case under the solatium alternative may still recover economic losses for loss of future wages, benefits, and support, as well as recover funeral expenses.

Colorado law also allows the Estate of the one who is injured and later dies to bring a "survival action" to recover economic losses suffered by the decedent between the date of the injury and his/her death. These damages usually consist of recovery of hospital and medical bills and lost wages through the date of death.

Wyoming's Wrongful Death Act is somewhat different from the Colorado Wrongful Death Act. In Wyoming, only the Personal Representative of the Estate or the Court Appointed Administrator of the Estate (where there is no Last Will and Testament) may bring the action to recover for the family. Unlike Colorado, however, not only the spouse and children may prove their losses, but a wide variety of other relatives such as parents, siblings, and others may also have a claim for damages. The jury is required to decide, based upon the evidence provided, the individual losses of each person who suffered a loss due to the death of the loved one. Like Colorado, the spouse and children are entitled to recover from the negligent parties for the loss of economic benefits, future wages and support which would have been provided by the loved one if his/her life had not been taken as well as the cost of his/her funeral and burial. The wrongful death beneficiaries may also recover for their loss of companionship. Unless a governmental actor is involved, there is no damage cap on the amount recoverable in Wyoming, but Wyoming law does not allow recovery for the survivor's grief, sorrow and pain and suffering. Generally, there is only a very limited right to bring a "survivor action" in Wyoming and the type of damages available are very limited .

In both Colorado and Wyoming there are strict time frames within which to bring an action for wrongful death which are complicated in their application. There are also tricky procedural hurdles that persons wishing to bring such an action must overcome. At Jouard and Pickering, we have years of experience helping families successfully navigate these roadblocks to assist them in surviving the devastation of the loss of a loved one.

Contact the law firm of Jouard & Pickering. We will arrange a free initial consultation, during which we will evaluate your case and help you and your family manage the devastation caused by the loss of your loved one.

Jouard & Pickering, P.C.
2038 Caribou Drive
Suite 100
Fort Collins, CO 80525
Phone: 970-482-1977
Toll-free: 888-482-1977
Fax: 970-225-6649
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