This form is a general sample wrongful death complaint requiring the user to supply facts giving rise to the complaint.
Colorado Complaint regarding Wrongful Death
State:
Multi-State
Control #:
US-PI-0306
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint Regarding Wrongful Death?
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FAQ
How Long Does the Family Have to File for Wrongful Death? The statute of limitations (time limit imposed by law) is two years in Colorado. A wrongful death claim that is not filed within that time period will be forever barred from recovery.
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.
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.
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.
For the first time in 12 years, Colorado took measures to account for the cumulative effects of inflation in wrongful death claims. The initial increase commenced on January 1, 2020, for claims accruing through January 1, 2022, with a cap for non-economic damages of $571,870.00.
The basic purpose of wrongful death law is to provide financial compensation for the person's who relied financially upon the person who was killed. Given the statutory purpose, Colorado law gives the surviving spouse the exclusive right to bring a wrongful death action during the first year after death.
If you have a loved one who passed away as a result of an injury or accident that involved the misconduct or negligence of a company or individual, you may be able to file a wrongful death lawsuit against those who were responsible for your loved one's death.