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29
Oct

Limitations of the Damages in Wrongful Death Actions Section
  • by Keith Fuicelli

wrongful-death-attorneyThe state of Colorado has placed limitations on recoverable damages, particularly for medical malpractice claims, ski accidents and against liquor sellers and governmental entities. Wrongful death plaintiffs are allowed to recover economic damages as well as damages for grief, sorrow, and loss of companionship. Examples of economic damages include:

  • Medical bills
  • Funeral expenses
  • Wage and earning capacity losses

Currently, non-economic damages have a limitation of $341,250, subject to inflationary adjustments. Non-economic recovery for a wrongful death due to medical malpractice is frozen at $250,000 with no inflationary adjustment. The cap on non-economic recovery is lifted if the wrongful death was the result of a “felonious killing.”

Factors Considered in Determining a Wrongful Death Award

The court will take into consideration how dependent the plaintiff or plaintiffs were on the death of their loved one and the nature of the relationship between the plaintiff and the deceased. The court will then determine the expected lifespan of the deceased, as well as the earnings and benefits he or she would have accrued. Finally, the court will decide whether or not the decedent can be assigned any amount of fault for the circumstances which contributed to the death.

How a Wrongful Death Attorney Can Help Following a Wrongful Death

While taking legal action following the death of your loved one may not seem like a priority, it is important that your rights be protected. The best way to minimize the financial and emotional difficulties you may face in the future is to contact an experienced Denver wrongful death attorney as soon as possible. Wrongful death lawyers can help grieving family members recover compensation, which recognizes the value of the deceased. Your attorney will be compassionate to your situation yet aggressive when dealing with insurance companies and fighting for your rights and helps the survivors recover from their loss.

While no amount of compensation could ever replace the loss of your loved one, we can help you avoid the financial burdens that often occur after a loved one’s death. Grieving families often need money to pay for funeral expenses, as well as replace the loss of income they now must endure. Without the right compensation, grieving family members could face financial ruin.

Contact Denver Wrongful Death Lawyers

logoIf someone you love has been killed in an accident, it is critical to contact an experienced Denver wrongful death lawyer immediately. Contact a Denver wrongful death lawyer at Fuicelli & Lee, PC, for a free case evaluation to discuss your situation and your concerns. You pay nothing unless you receive a financial settlement or award. Call our office at 303-355-7202 or fill out our confidential contact form.

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