Lost Income, Funeral Costs, and Grief Can All Be Part of a Claim, but Colorado Caps Some Damages
Losing a loved one because of someone else’s carelessness or reckless behavior can be a traumatic experience. Along with the grief, there are funeral costs, lost income, and questions nobody is ready to answer. Colorado law allows certain family members to file a wrongful death claim to recover damages, the legal term for money paid for losses caused by someone else.
Colorado law also sets limits on some of these damages. Under House Bill 24-1472, the limit on noneconomic damages in most wrongful death cases rose to $2.125 million for cases filed on or after Jan. 1, 2025. However, there is no limit when it comes to other types of damages in Colorado. That’s why it’s critical that family members fully understand their legal rights.
Our Colorado Springs wrongful death lawyers at The Longo Firm, LLC know no amount of money can replace a parent, spouse, or child. But a wrongful death claim can help a family stay on solid financial footing and hold the responsible party accountable. The first step is identifying every loss the family has suffered, from lost paychecks to the loss of a parent’s guidance.
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Key Takeaways
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Types of Damages in a Colorado Wrongful Death Case
Wrongful death damages generally fall into two main groups. Economic damages cover losses with a dollar amount attached, like lost income and funeral bills. Noneconomic damages cover losses that are harder to measure, like grief and the loss of companionship. The table below shows how these damages break down.
| Type of Damages | What It Can Cover | Is There a Limit? |
|---|---|---|
| Lost financial support | Income and benefits the person would have provided to the family | No set limit |
| Lost household services | Childcare, home repairs, and other help the person would have provided | No set limit |
| Funeral and burial costs | Reasonable expenses for the funeral, burial, or cremation | No set limit |
| Grief and loss of companionship | Emotional pain, sorrow, and the loss of love, guidance, and support | Generally capped at $2.125 million, with inflation adjustments starting in 2028 |
Every family’s losses look different. A young parent who supported a household may leave behind decades of lost income. An older relative may have provided daily care for grandchildren or a disabled spouse. A careful look at the person’s life, work, and relationships helps make sure each type of loss is fully counted.
What Are Economic Damages in a Wrongful Death Claim?
Economic damages are meant to replace direct financial losses the family experienced as a result of someone’s death. The biggest piece is often the income the person would have earned over the rest of their working life. That can include raises, promotions, retirement contributions, and health insurance benefits the family relied on.
Families can also recover the value of services their loved one provided around the house. A parent who cooked, drove kids to school, handled repairs, or cared for an aging relative was doing work that now has to be paid for or covered by someone else. Those costs count as real losses.
Funeral and burial expenses are another part of economic damages. Medical bills from treatment before the person died may also be recoverable, depending on how the claim is brought. Economists and other financial professionals often help put a fair number on these losses, especially when the person who died was young or had a long career ahead.
Are Noneconomic Damages Capped in Colorado Wrongful Death Cases?
The short answer? Sometimes. Noneconomic damages cover the emotional side of losing someone. That includes grief, sorrow, emotional stress, and the loss of a loved one’s companionship, guidance, and support. These losses are often the hardest for families to put into words, but they’re very real and deserve to be counted.
Colorado limits these damages in most wrongful death cases. For cases filed on or after Jan. 1, 2025, the cap is $2.125 million. It will adjust for inflation every two years starting in 2028. Medical malpractice wrongful death cases follow a separate, lower limit that rises in steps through 2029 under the same law.
There’s an important exception. The cap doesn’t apply when the death was caused by a felonious killing, which generally means a crime such as homicide. In those cases, families may be able to recover the full amount of their noneconomic losses. A lawyer can explain which rules apply to a particular death.
Who Can File a Wrongful Death Claim in Colorado?
Colorado law sets out who can bring a wrongful death claim and when. The rules can be confusing, especially for families already dealing with a loss. Colorado allows only one wrongful death action for each death, so family members who have the right to file need to work together. Depending on the situation, the people who can file include:
- Surviving Spouse: A husband or wife generally has the first right to file during the first year after the death.
- Children or Other Heirs: Children and other heirs may be able to file or join the claim, depending on the timing and the spouse’s role.
- Parents: Parents may be able to file a claim when the person who died had no spouse, children, or designated beneficiary.
- Siblings: Under a 2024 change in Colorado law, a brother or sister may be able to file when the person who died left no spouse, children, designated beneficiary, or living parents.
Getting these details right matters. Filing at the wrong time or by the wrong person can create problems for the whole family. Colorado also sets a deadline for filing, which is generally two years from the date of death. That’s similar to the deadline for car accident lawsuits, but exceptions can apply.
Personal Attention for Colorado Springs Families After a Loss
A wrongful death claim in Colorado can feel overwhelming while you’re grieving. Insurance companies often move quickly to offer a settlement that doesn’t reflect your family’s true losses. Some may even deny responsibility altogether. Many of these cases grow out of fatal car accidents and other crashes where the facts need a close look.
We take a personalized approach to every case. Attorney Stephen Longo has spent more than 14 years in catastrophic personal injury litigation, and he began his career handling catastrophic injury and wrongful death cases at a large national firm. Our case results include a $700,000 policy limit recovery in a wrongful death claim that was initially denied to the family.
Your family shouldn’t have to navigate these difficult times alone. Contact us to see how we can help your family. We can answer your questions, explain what types of compensation might be available, and fight for every dollar you deserve. That way, you can focus on healing while we focus on holding the responsible party accountable.
“My lawyer Stephen was a god send! My husband was killed in a car accident, and my lawyer made everything so simple for me, when I wasn’t able to even function. He was kind, sincere, and very knowledgeable! He explained everything in a way I could understand, and got me everything he said he would. I couldn’t recommend a better lawyer! He was awesome!!” — Robin, ⭐⭐⭐⭐⭐