If a loved one was killed due to someone else’s negligence, you have the right to investigate the death and seek redress.
Although wrongful death and survival actions are sometimes intertwined, they are treated differently under Colorado law. It is crucial for families who have lost a loved one due to someone else’s negligence to understand how their rights vary in each of these actions.
Colorado’s Wrongful Death Action Definition
The survivors of a person who has died owing to the negligence of another may file a wrongful death action to seek financial compensation for their losses. The death of a loved one can cause monetary and emotional hardships for surviving family members. Consider consulting about your options with a certified personal injury lawyer Cheyenne.
Distinctions Between Survival Lawsuits and Death-Related Claims
There are a number of key distinctions between survival and wrongful death lawsuits:
- Both survival and wrongful death lawsuits are filed, but by different parties. A personal representative, such as an executor or administrator, must bring a survival action on behalf of a deceased person’s estate. On the other hand, the spouse, children, other descendants, or parents of the deceased person file a wrongful death action.
- There are different types of losses that can be compensated for in survival and wrongful death lawsuits. Financial losses sustained by the deceased prior to death, such as lost income or medical bills, might be recouped through survival actions. Expenses associated with a person’s death and subsequent burial might be claimed through a survival action. In a survival suit, the deceased person will get any damages awarded.
- However, surviving loved ones can seek recompense for the financial losses incurred due to the decedent’s inability to provide financial support or contribute to the maintenance of the household through wrongful death actions, as well as the emotional losses sustained from the loss of their loved one’s affection, companionship, and guidance. The beneficiaries of wrongful death awards are the victim’s surviving family members and loved ones.
After a fatal accident in Colorado, surviving family members may file a survival action and a wrongful death claim.
In the event that the victim of a fatal accident in Colorado does not pass away right away, their loved ones may pursue civil claims for survival and wrongful death. Financial damages from medical care and lost wages may be recouped through a survival action when a decedent experiences injuries in an accident that turn fatal.