When a person dies because of someone else’s negligence, Colorado law gives eligible family members the right to pursue a […]
When a person dies because of someone else’s negligence, Colorado law gives eligible family members the right to pursue a wrongful death claim. But what happens when the deceased person was partially responsible for the circumstances that led to their death? This is where comparative negligence intersects with wrongful death law in a way that many families do not anticipate.
Understanding how fault is allocated in these cases, and how that allocation affects what a surviving family can recover, is essential before pursuing a claim. The rules are specific to Colorado and apply differently depending on the circumstances of the death and who is bringing the claim.
The Wrongful Death Statute: C.R.S. Section 13-21-201
Colorado’s wrongful death statute, codified at C.R.S. Section 13-21-201, allows the surviving spouse, children, or other designated heirs to bring a civil claim against the party responsible for the death. The claim is separate from any criminal prosecution and is governed by the civil standard of proof.
The statute of limitations for a wrongful death claim in Colorado is two years from the date of death, which is shorter than the three-year window for standard personal injury cases. Missing this deadline typically results in a complete bar to recovery.
Comparative Negligence Under C.R.S. Section 13-21-111
Colorado uses a modified comparative negligence system. Under this framework, a plaintiff’s recovery is reduced proportionally based on their share of fault, but they are completely barred from recovery if their fault reaches or exceeds 50 percent.
In a wrongful death case, the comparative negligence analysis focuses on the conduct of the deceased person, not the surviving family members bringing the claim. If the deceased was partially at fault for the accident that caused their death, the damages recoverable by the family are reduced by that percentage. If the deceased was found 30 percent at fault, the family can still recover 70 percent of total damages. If the deceased was found 50 percent or more at fault, recovery is barred entirely.
How Fault Is Assigned in Wrongful Death Cases
Defense attorneys and insurance companies will thoroughly investigate the conduct of the deceased person. In a motor vehicle fatality, they may argue the deceased was speeding, failed to yield, or was not wearing a seatbelt. In a workplace death, they may argue the worker violated a safety protocol. In a premises liability death, they may argue the deceased ignored visible warnings or entered a restricted area.
Each of these arguments, if accepted by a jury, reduces or eliminates the family’s recovery. This is why a thorough and proactive investigation on behalf of the surviving family is critical. Evidence must be preserved, witness statements secured, accident reconstruction initiated, and any relevant records subpoenaed before they are destroyed or lost.
Damages Available in a Colorado Wrongful Death Claim
The damages recoverable in a Colorado wrongful death case include grief and loss of companionship, lost wages and financial support the deceased would have provided, reasonable funeral and burial expenses, and loss of household services. Colorado does not cap wrongful death damages the same way it caps non-economic damages in standard personal injury cases, which means families can pursue the full economic and non-economic value of their loss.
In cases involving particularly egregious conduct, Colorado law also allows surviving family members to pursue exemplary damages under C.R.S. Section 13-21-203. These punitive damages are designed to punish the defendant and deter similar conduct and require clear and convincing evidence that the defendant acted with fraud, malice, or willful disregard for the rights or safety of others.
The Role of a Wrongful Death Attorney in Denver
Wrongful death cases involve a level of legal complexity that goes beyond standard personal injury claims. The family is simultaneously dealing with grief, financial disruption, and the pressure of an investigation by the defendant’s insurance carrier. Having a wrongful death attorney Denver families can trust ensures that the legal process is handled correctly while the family is allowed to focus on their recovery.
A wrongful death attorney will conduct an independent investigation, retain expert witnesses where appropriate, manage communications with the defendant’s insurer, and build the evidentiary record needed to counter comparative fault arguments. In cases where the comparative fault dispute is the central issue, this expert support can be the deciding factor in whether the family recovers full damages or nothing at all.
Who Can File a Wrongful Death Claim in Colorado
Colorado law limits who can bring a wrongful death claim in a specific sequence. In the first year after the death, only the surviving spouse has the exclusive right to file. Beginning in the second year, adult children may join the claim if no spouse survives or if the spouse declines to pursue the action. Parents of the deceased may bring a claim only if there is no surviving spouse or child.
This sequential structure can create complications in blended family situations, cases involving estranged relatives, or situations where the deceased had children from multiple relationships. An attorney can help the eligible family members understand their rights and navigate the procedural requirements before the statute of limitations runs.
What to Do If You Believe a Family Member’s Death Was Preventable
If you lost a family member due to what you believe was someone else’s negligence, the most important step is to consult with an attorney as early as possible. Evidence that is critical to the case deteriorates quickly. Surveillance footage is overwritten. Witnesses move. Physical evidence is repaired or altered. Acting quickly gives your legal team the best opportunity to build a strong case before the defense has the advantage of time.
Colorado wrongful death cases are among the most legally complex and emotionally demanding claims in personal injury law. Working with an attorney who has specific experience in these cases, and who understands how Colorado’s comparative fault rules apply to them, is the most effective way to protect your family’s right to full and fair compensation.
