This form is a sample personal injury complaint alleging that the faulty installation of steps caused the injury and ultimate death of the plaintiff.
Colorado Complaint for Negligence and Wrongful Death
State:
Multi-State
Control #:
US-PI-0185
Format:
Word;
Rich Text
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FAQ
Wrongful death. n. the death of a human being as the result of a wrongful act of another person. Such wrongful acts include: negligence (like careless driving), an inten- tional attack such as assault and/or battery, a death in the course of another crime, vehicular manslaughter, manslaughter or murder.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
The amount of compensation for non-economic losses is typically determined by a jury. In Colorado, there is a cap on non-economic damages in wrongful death cases. The cap is currently set at $598,350 (as of 2023) or an amount equal to the economic losses suffered by the family, whichever is greater.
Wrongful Death Defined A ?wrongful death? occurs when a person's death is caused by the wrongful act, neglect, or default of another. Wrongful death includes intentional killings as well as accidental killings. Auto accidents are a common cause of wrongful death claims in Colorado.
For instance, actions related to negligence, medical malpractice, and trespass must all be brought within two years of the date of the event.
When the death of a person is caused by a wrongful act, neglect, or default of another, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who or the ...
Economic damages caps in Colorado wrongful death cases Economic damages caps only exist in cases where there is no surviving spouse, child or dependent parent. If the cap applies, the total amount for all types of damages allowed in the case is $250,000, adjusted for inflation.
