Losing a loved one due to someone else's negligence or misconduct is one of the most devastating experiences a family can face. In Colorado, the law offers two types of civil actions that families may pursue following a death caused by wrongful conduct: the wrongful death claim and the survival action. While both types of lawsuits arise from the same incident, they serve different purposes and compensate for different harms.

Understanding the distinction between these two legal options is essential for families who are seeking justice, financial support, or both. If you’re considering filing a claim after the untimely death of a loved one, it’s important to know how these legal actions differ and whether you may be eligible to pursue one, or both.

What Is a Wrongful Death Claim?

A wrongful death claim is filed on behalf of the surviving family members who have suffered emotional and financial loss due to their loved one’s death. In Colorado, the law allows certain individuals to file this type of claim depending on their relationship to the deceased and the amount of time that has passed since the death.

Here’s how wrongful death claims typically work in Colorado:

• In the first year after death, only the surviving spouse has the right to file a wrongful death claim.
• In the second year, both the surviving spouse and the children of the deceased may bring a claim. If there is no spouse or children, the deceased’s parents may be eligible to file.

The primary purpose of a wrongful death lawsuit is to compensate the family for their own losses, not the losses of the person who died. This can include:

• Loss of financial support
• Loss of companionship and emotional support
• Funeral and burial expenses
• Grief and sorrow (in some cases)

Wrongful death claims are intended to help families recover from the economic and emotional toll of a loved one’s unexpected passing.

What Is a Survival Action?

A survival action, by contrast, is brought on behalf of the deceased person’s estate. It is designed to pursue the compensation that the deceased would have been entitled to receive if they had survived and been able to bring a personal injury claim themselves.

The term “survival” refers to the fact that the legal right to sue survives the individual’s death, but now the claim belongs to the estate. Any damages awarded through a survival action are distributed according to the deceased’s will or Colorado’s laws of intestate succession (if no will exists).

Survival actions in Colorado may cover:

• Medical expenses incurred before death
• Lost wages between the time of injury and time of death
• Property damage
• Conscious pain and suffering experienced by the deceased before death (in some cases)

These damages reflect the harm suffered by the person who died, not their family members. If the death was instantaneous, the survival action may be more limited, but if the individual lived for some time after the injury, the estate may have a stronger claim.

Can You File Both a Survival Action and a Wrongful Death Claim?

Yes, in many cases it is possible and appropriate to file both a wrongful death claim and a survival action in Colorado. Each type of claim addresses a different legal interest:

• Wrongful death claims are for the benefit of the family members who suffered loss.
• Survival actions are for the benefit of the deceased’s estate, compensating for damages suffered by the decedent.

Filing both claims can help ensure that the full scope of harm caused by the wrongful act is recognized and compensated. However, each claim has specific rules, timelines, and limitations, and they must be handled carefully to avoid complications or conflicts.

Working with an experienced wrongful death attorney in Colorado is the best way to ensure that your family’s rights and your loved one’s legacy are fully protected.

Call Bell & Pollock for Help Pursuing a Colorado Wrongful Death Claim

Wrongful death and survival actions involve sensitive emotions, intricate legal procedures, and significant financial stakes. It's important to work with attorneys who understand the nuances of Colorado law and how to effectively pursue both claims when appropriate.

At Bell & Pollock, we’ve been helping Colorado families pursue justice after fatal accidents for decades. Whether your loved one was lost in a car crash, truck accident, workplace incident, or any other tragedy caused by negligence, we’re here to help you understand your legal options and fight for the accountability you deserve.

If you’ve lost a loved one and want to know whether you can file a wrongful death claim, a survival action, or both, contact us today. We’ll listen to your story, explain your rights, and help you take the next steps toward closure and justice.