Losing a loved one due to someone else’s negligence or wrongful actions leaves families devastated. While no legal action can ever replace your family member, Colorado law offers two distinct paths to seek justice and financial recovery: wrongful death claims and survival action claims. Understanding how these claims differ and when to pursue each one is essential to ensuring your family receives the full compensation you deserve during an incredibly challenging time.
At McCormick & Murphy P.C., we have stood with Colorado families since 1995, helping them recover millions of dollars through these often-sensitive legal proceedings. With over 60 years of combined legal experience, our Colorado Springs personal injury attorneys know that every family’s situation is unique. We provide the personalized guidance needed to choose the right legal path for your specific circumstances, focusing on maximizing your recovery and easing your burden.
Understanding the Core Differences
The main distinction between wrongful death and survival action claims centers on who files the claim and what types of damages can be recovered. These aren’t conflicting legal theories; rather, they are complementary legal tools designed to address different categories of losses your family has endured.
A wrongful death claim focuses on the losses experienced by surviving family members. This includes the emotional pain, the lost financial support, and the absence of companionship and guidance your loved one would have provided. The compensation recovered through a wrongful death claim goes directly to qualifying family members.
A survival action, conversely, addresses the suffering and losses your loved one personally experienced from the time of injury until death. This can include medical expenses incurred, lost wages during treatment, pain and suffering endured, and any property damage. These damages become part of the deceased person’s estate and are distributed according to their will or state inheritance laws.
Significant Updates to Colorado Law for 2025
Colorado has enacted substantial statutory changes that will dramatically affect both wrongful death and survival action claims starting in 2025. These updates represent the most impactful revisions to wrongful death law in decades, potentially leading to significantly increased compensation for your family.
Expanded Eligibility for Wrongful Death Claims
Previously, only spouses, children, and parents could file wrongful death claims in Colorado. Beginning in 2025, siblings may now file wrongful death claims if no spouse, children, parents, or designated beneficiary survives the decedent. This expansion acknowledges that siblings often suffer considerable emotional and financial losses, even when no immediate family members survive. This means more families can seek justice than ever before.
Substantially Increased Damage Caps
The most impactful change for 2025 involves a dramatic increase in damage caps. Noneconomic damages for wrongful death claims have nearly tripled, rising from approximately $680,000 to $2,125,000. Personal injury and survival action caps have also increased to $1,500,000. These increases reflect the legislature’s recognition that previous caps failed to account for inflation and the true, lasting cost of losing a family member.
Starting in 2028, these damage caps will be adjusted for inflation every two years, ensuring that compensation remains fair and meaningful over time. Importantly, these new caps apply to all actions filed on or after January 1, 2025, regardless of when the death occurred, provided the claim falls within the statute of limitations.
Who Can File Each Type of Claim
Wrongful Death Claims
Under Colorado’s expanded 2025 law, the following individuals can file wrongful death claims:
- Surviving spouses
- Children of the deceased
- Parents of the deceased
- Siblings (if no spouse, children, parents, or designated beneficiary exists)
- Designated beneficiaries named by the deceased
The law establishes a priority system. If multiple eligible parties exist, they must agree on who files the claim or how to proceed. Our firm can help your family navigate this system, working to reach an agreement or, when necessary, petitioning the court for guidance on the appropriate plaintiff structure.
Survival Action Claims
Only the executor or administrator of the deceased person’s estate can file a survival action. This individual is typically named in the will or appointed by the probate court if no will exists. The executor has a fiduciary duty to pursue all valid claims on behalf of the estate, and we can guide them through this process.
Types of Damages Available
Wrongful Death Damages
Wrongful death claims allow recovery for losses suffered by surviving family members, including:
- Grief and emotional distress
- Loss of companionship and consortium
- Lost financial support and benefits
- Loss of guidance and nurturing
- Funeral and burial expenses
- Medical expenses related to the final illness or injury
These damages recognize that losing a family member affects survivors in ways that extend far beyond financial considerations. The increased damage caps for 2025 acknowledge the significant impact of these losses, allowing for more just compensation.
Survival Action Damages
Survival actions recover damages the deceased person could have claimed if they had survived, including:
- Medical expenses from injury to death
- Lost wages during the period of injury
- Pain and suffering experienced before death
- Property damage related to the incident
- Other economic losses the deceased incurred
These damages become part of the estate and are distributed according to the will or intestate succession laws.
Timing and Statute of Limitations
Both wrongful death and survival action claims generally must be filed within two years of the date of death in Colorado. However, certain circumstances can extend or modify this deadline:
- Discovery rule applications in cases where the cause of death wasn’t immediately apparent
- Tolling for minors or incapacitated persons
- Criminal proceedings that may affect the timeline
- Fraudulent concealment by the responsible party
The 2025 changes create an important timing consideration: claims filed on or after January 1, 2025, benefit from the increased damage caps, even if the death occurred earlier, provided the statute of limitations hasn’t expired. It is essential to act quickly to ensure your claim is filed within the appropriate timeframe and takes advantage of these new laws.
When to File Each Type of Claim
Consider a Wrongful Death Claim When:
- You are a qualifying survivor seeking compensation for your personal losses, such as grief and loss of companionship.
- The family needs financial support to replace lost income and benefits.
- You want to recover funeral and burial expenses.
- The deceased was young with significant future earning potential.
- The family relationship involved substantial emotional and financial interdependence.
Consider a Survival Action When:
- The deceased incurred significant medical expenses before death.
- There was a period of conscious pain and suffering before death.
- The deceased lost wages during treatment.
- Property damage occurred in the incident.
- The estate needs to recover these losses for distribution to heirs.
Often, Filing Both Claims Maximizes Recovery:
In many cases, families should pursue both types of claims simultaneously. Since they address different categories of losses, filing both can maximize the overall compensation your family receives. Our experienced attorneys at McCormick & Murphy P.C. regularly handle concurrent wrongful death and survival actions to ensure families receive full and fair compensation for all their losses.
Common Hurdles & Our Solutions
Hurdle: Determining Which Family Members Can File
With the expanded eligibility rules, families sometimes struggle to determine who has the right to file a wrongful death claim, especially when multiple potential plaintiffs exist.
Our Solution: We work closely with families to identify all eligible parties and help them reach agreements about how to proceed. When necessary, we can petition the court for guidance on the appropriate plaintiff structure, ensuring your rights are protected.
Hurdle: Calculating Future Economic Losses
Determining the present value of future lost income, benefits, and support requires specialized economic analysis, particularly for younger victims with decades of potential earnings ahead.
Our Solution: We collaborate with highly qualified economic experts, actuaries, and vocational specialists to develop detailed loss calculations that account for career progression, inflation, and other economic factors, fighting for every dollar you deserve.
Hurdle: Proving Noneconomic Damages
While the increased damage caps create opportunities for larger recoveries, proving the true extent of grief, emotional distress, and loss of companionship requires careful documentation and presentation.
Our Solution: We help families gather and present evidence that powerfully demonstrates the depth of their relationship, using photographs, communications, witness testimony, and expert psychological evaluations when appropriate. This evidence helps juries understand the true magnitude of your noneconomic losses.
Best Practices to Strengthen Your Claim
Act Quickly to Preserve Evidence
Critical evidence can disappear rapidly after a fatal incident. Contact an experienced wrongful death attorney immediately to ensure evidence preservation, witness interviews, and a thorough investigation of the circumstances.
Maintain Detailed Financial Records
Document all expenses related to the death, including medical bills, funeral costs, and lost income. Keep records of the deceased person’s earnings, benefits, and financial contributions to the household. We will guide you on what records are most important.
Preserve Personal Documentation
Collect photographs, videos, letters, and other materials that demonstrate the relationship between the deceased and surviving family members. This evidence becomes invaluable when proving noneconomic damages, and we can help you organize it.
Coordinate Estate and Civil Proceedings
Ensure proper coordination between probate proceedings and civil litigation. The estate’s personal representative and wrongful death plaintiffs should work together to avoid conflicts and maximize recovery. Our team helps manage this coordination for you.
Market Trends Influencing Colorado Wrongful Death Claims
Several trends are shaping wrongful death litigation in Colorado for 2025 and beyond:
Increased Settlement Values: The higher damage caps are already influencing settlement negotiations, with insurance companies recognizing the increased exposure and adjusting settlement offers accordingly. This means a greater potential for fair settlements for your family.
Enhanced Expert Testimony: Courts are seeing more sophisticated economic and psychological expert testimony as attorneys utilize the higher damage caps to justify larger awards. Our firm partners with leading experts to build the strongest case for you.
Focus on Relationship Evidence: With expanded eligibility and higher caps, there’s increased emphasis on documenting and proving the strength of family relationships and their economic value. We excel at presenting this evidence to ensure your loved one’s true value is recognized.
Why Choose McCormick & Murphy P.C. for Your Family
Since 1995, we’ve recovered millions of dollars for Colorado families facing wrongful death and survival action claims. Our Colorado Springs personal injury attorneys understand that each family’s situation is unique, and we tailor our approach to your specific needs and circumstances, offering compassionate and effective representation.
We also serve families throughout Colorado, including Denver and Pueblo, bringing the same level of dedicated representation to families across the state.
Our deep experience with both types of claims allows us to develop strategies that maximize your family’s recovery while minimizing your stress during this difficult time. We handle all aspects of the litigation process, from initial investigation through trial if necessary, so you can focus on healing and moving forward.
Our commitment to our clients is reflected in their words. You can learn more about our track record and hear directly from families we’ve helped through our professional services profile and client reviews.
Protect Your Family’s Rights – Contact Us Today
The 2025 changes to Colorado wrongful death law present significant opportunities for fair compensation, but these opportunities are time-sensitive. With the statute of limitations typically requiring action within two years of death, waiting too long can mean losing the justice and financial security your family deserves.
Don’t let insurance companies take advantage of your grief or unfamiliarity with these intricate legal changes. The increased damage caps mean insurance companies are paying closer attention to these claims and often dedicating more resources to defend them. You need experienced advocates on your side.
If you’ve lost a loved one due to someone else’s negligence, reach out to McCormick & Murphy P.C. today for a confidential consultation. Call us at (719) 389-0400, email us at [email protected], or contact us online. We are conveniently located at 929 W Colorado Ave, Colorado Springs, CO 80905.
During your consultation, we’ll compassionately evaluate your specific situation, explain how the 2025 legal changes affect your case, and help you understand whether a wrongful death claim, survival action, or both are appropriate for your family. We work on a contingency fee basis, which means you pay nothing unless we recover compensation for your family. There is no risk to you.
Your loved one’s life had immeasurable value, and Colorado law now provides better tools to recognize that value. Let our experienced team help you seek the justice and compensation your family needs and deserves during this difficult time.
