This form is a sample personal injury complaint arising from incident in which decedent was shot multiple times by defendant.
Colorado Complaint for Personal Injury and Wrongful Death due to Shooting / Violence
State:
Multi-State
Control #:
US-PI-0299
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Personal Injury And Wrongful Death Due To Shooting / Violence?
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FAQ
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).
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.
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 happens when somebody is killed because of another person or entity's negligence or misconduct. Although there may be a criminal prosecution related to the fatality, a wrongful death lawsuit is a civil action that is separate and distinct from any criminal charges.
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.
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.