Losing a loved one in an accident is one of the most devastating things that can happen — especially if that loss occurs as a result of negligence or wrongdoing. Your entire life can change in an instant, as you lose not just the companionship of your family member but also the income they brought into your household.
While nothing can ever make things right, Colorado does have laws in place that allow you to pursue legal action. Under these laws, you can recover monetary damages so your loved one’s death doesn’t leave you facing financial disaster — and so you can be paid for the emotional damage done.
These actions take two forms: Survival actions and wrongful death claims. Dan Caplis Law has experience with both types of claims, and we can help you understand the differences and fight for your right to pursue both causes of action to recover full compensation.
Give us a call to schedule your free consultation, or read on to learn more about the differences between survival actions vs. wrongful death claims.
Survival Action vs. Wrongful Death Claims in Colorado
When a death occurs because of negligence or wrongdoing, it would make little sense not to allow a claim against the responsible party, since the victim could have pursued a case had they been hurt but not killed.
In fact, it’s important not only to ensure that the victim’s own claim survives, but also to give surviving family members the chance to recover for the losses they personally endured due to the untimely death of their loved one.
Survival actions and wrongful death claims provide the right to recover compensation both on behalf of the victim as well as on behalf of survivors. These claims are related, but different, and it’s important to understand the distinction. Specifically:
- Survival actions are a continuation of the personal injury claim the deceased victim could have brought if their injuries hadn’t been fatal. These claims, which are established by Colorado C.R.S. § 13-20-101, aim to recover compensation for losses the deceased incurred before death, including medical bills, lost wages, and property damage.
- Wrongful death claims are separate from survival actions. Colorado Code section 13-21-202 governs these claims, which are intended to compensate surviving relatives for the losses they experienced. This can include a loss of the companionship the deceased would’ve provided, as well as a lifetime of lost wages the deceased would have brought into a shared household from the time they died until the end of their working life.
The longer that your deceased relative was alive after the injury, the greater the potential damages in a survival action.
Survival actions also work differently from wrongful death claims because:
- The personal representative of the estate is the one who must bring the survival action claim, while wrongful death claims can be brought by close relatives such as spouses, children, and parents, depending on timing.
- The compensation from survival claims is paid to the estate of the person who died and is distributed based on instructions left in that person’s will or based on intestacy laws for those with no will. Compensation from wrongful death claims is paid to those who brought the claim.
Getting Help With Your Survival Action or Wrongful Death Claim
A lot of money is often at stake in survival actions and wrongful death claims because the losses that occur when someone dies can be so substantial. It can be confusing to navigate these cases and to prove the extent of your damages, so you should make sure to reach out to a skilled and experienced attorney at Dan Caplis Law today.