This form is a sample complaint for use in a personal injury case involving a train-automobile collision resulting in the death of the driver of the automobile.
Colorado Complaint for Personal Injury and Wrongful Death Due to Train or Automobile Accident
State:
Multi-State
Control #:
US-PI-0276
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Complaint For Personal Injury And Wrongful Death Due To Train Or Automobile Accident?
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FAQ
Unlike economic damages, Colorado caps the amount of non-economic damages you can recover in a given claim. With few exceptions, the cap on non-economic damages in civil claims is roughly $500,000. Thus, most reasonable settlements for pain and suffering will not exceed $500,000.
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.
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.
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.
Punitive damage caps While Colorado allows a jury to award these damages meant to punish the defendant, Colorado caps the amount of the award on a one-to-one basis. This means that the award of punitive damages cannot exceed the amount of actual damages that the jury awards.
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 ...
Colorado law requires compensation from a wrongful death lawsuit to be split between the deceased's surviving spouse and children, if applicable. If the deceased does not have any surviving children or a surviving spouse, then the deceased's parents will receive any compensation awarded in a wrongful death claim.
There is no cap on the amount of economic damages a plaintiff may receive in a personal injury claim, although Colorado law does limit damages for pain and suffering to $250,000 (plus inflation).