California, Colorado, Nevada
Losing a loved one due to wrongful conduct leaves families devastated, searching for justice and financial security. Each state’s wrongful death statute determines who can file a wrongful death claim and what compensation they may receive. From medical and funeral expenses to financial support and non-economic damages, surviving family members have legal rights—but navigating these laws can be challenging.
This State-by-State Breakdown of Wrongful Death Laws and Compensation Limits provides a detailed look at compensation limits, statutory protections, and legal remedies available. Below, we highlight key wrongful death laws that protect victims’ families.
Common Causes of Wrongful Death Cases
Wrongful death lawsuits arise from various personal injury cases, including:
Medical Malpractice Cases: Surgical errors, misdiagnoses, or medication mistakes.
Workplace Accidents: Occupational diseases and hazardous work conditions.
Car and Truck Accidents: Fatal injuries due to negligent or reckless driving.
Violent Crimes: Intentional act leading to the victim’s death.
Defective Products: Fatal injuries caused by unsafe consumer goods.
Premises liability: Negligent property owners fail to maintain safe conditions, causing fatal injuries.
Who Can File a Wrongful Death Lawsuit?
Eligibility to file a wrongful death claim varies by state.
Common statutory beneficiaries include:
The surviving spouse or domestic partner
Parents of a deceased child
The personal representative of the decedent’s estate
Immediate family members, depending on state-specific laws
Categories of Compensation in Wrongful Death Cases
Each state’s wrongful death statute defines what type of damages families can recover.
Common categories of damages include:
Economic Damages
Medical and funeral expenses
Loss of income and financial support
Funeral and burial expenses
Personal property belonging to the deceased
Non-Economic Damages
Loss of companionship
Emotional distress (such as pain and suffering) of surviving family members
Punitive Damages
Courts award punitive damages in cases involving wrongful conduct, criminal homicide, or violent intentional conduct.
Some states cap punitive damages, while others allow unlimited claims.
Wrongful Death Laws (California, Nevada, Colorado)
Each state enforces an applicable statute governing wrongful death claims, determining eligibility, damages, and legal deadlines. Below is a summary of key provisions for California, Nevada, and Colorado.
California
Who Can File:
Surviving family members, including spouses, children, and domestic partners, have the legal right to file a wrongful death lawsuit.
If no direct heirs exist, individuals financially dependent on the deceased—such as stepchildren or putative spouses—may also file a claim.
Types of Compensation:
Economic Damages: Cover medical expenses, lost wages, funeral costs, and future financial support the deceased would have provided.
Non-Economic Damages: Compensate for the loss of companionship, guidance, love, and emotional support.
Punitive Damages: Courts may award these in cases of extreme negligence or intentional misconduct, serving as both punishment and deterrence.
Damage Caps:
California law does not impose a cap on compensatory damages in most wrongful death cases.
However, in medical malpractice-related wrongful deaths, non-economic damages are capped at $500,000 under the Medical Injury Compensation Reform Act (MICRA).
Statute of Limitations:
Families must file a wrongful death lawsuit within two years from the date of death.
For wrongful death cases involving medical malpractice, the lawsuit must be filed within three years from the date of injury or within one year from when the injury was discovered or reasonably should have been discovered, whichever comes first. Exceptions apply in cases of fraud, intentional concealment, or a retained foreign object. (California Code of Civil Procedure § 340.5)
Nevada
Eligibility to File:
The heirs of the decedent and the personal representative of the estate can file a wrongful death lawsuit.
Heirs include individuals entitled to inherit under Nevada’s intestacy laws, but excluded individuals include those legally deemed as the decedent’s killer under NRS 41B.
Compensation for Heirs:
Courts award pecuniary damages for grief, sorrow, and emotional suffering.
Eligible family members receive compensation for loss of probable financial support, companionship, comfort, and consortium.
Heirs do not bear responsibility for paying the decedent’s debts from these damages.
Compensation for the Estate:
The personal representative can recover damages for medical bills, funeral costs, and any financial losses incurred before death.
If the decedent had the right to claim exemplary or punitive damages while alive, the estate can pursue them.
The estate can use these damages to settle the decedent’s outstanding debts, except where legally exempt.
Limitations:
Nevada caps non-economic damages in medical malpractice cases, but no cap applies to wrongful death claims in other situations.
Colorado
(Colorado Revised Statutes § 13-21-201)
Surviving Spouse’s Right to File:
In the first year after the decedent’s death, the surviving spouse has the exclusive right to file a wrongful death claim.
The spouse can choose to file alone or jointly with the deceased’s heirs.
If there is no spouse, the heirs or a designated beneficiary (if legally assigned) can bring the claim.
In the second year, both the spouse and heirs may file separately or together.
Financial Compensation:
The law allows recovery of both economic and non-economic damages.
Economic damages include lost wages, medical expenses before death, and funeral costs.
Non-economic damages compensate for grief, loss of companionship, and emotional suffering.
Punitive Damages in Criminal Cases:
Courts may award punitive damages if the death resulted from criminal homicide, violent intentional acts, or gross negligence.
Punitive damages aim to punish the wrongdoer and deter similar conduct.
Caps on Non-Economic Damages:
The state imposes limits on non-economic damages.
Exceptions apply for wrongful deaths caused by occupational diseases linked to workplace exposure.
Defendants can argue that a defect or negligence was not the cause of death to reduce liability.
How an Experienced Wrongful Death Attorney Can Help
Surviving family members need legal expertise to navigate a wrongful death action. A skilled wrongful death lawyer:
Explains state-specific wrongful death laws.
Helps families seek compensation for medical expenses, financial support, and non-economic damages.
Files personal injury claims for related losses.
Recovers monetary damages in complex legal claims.
Handles the legal process in criminal court or civil lawsuits.
Frequently Asked Questions (FAQ) – Wrongful Death Laws & Compensation
What is a wrongful death claim?
A wrongful death claim seeks compensation when a wrongful act, negligent act, or intentional act causes a person’s death. Surviving family members or the decedent’s personal representative can file a legal action to recover damages.
Who can file a wrongful death lawsuit?
Statutory beneficiaries, such as the deceased person’s spouse, children, or estate representative, can file a claim. Some states also allow financially dependent individuals to take legal action.
What damages can be recovered in a wrongful death settlement?
A wrongful death settlement may include compensatory damages for lost financial support, medical bills, funeral costs, and personal property belonging to the deceased. Courts may also award only punitive damages in cases of extreme misconduct.
How long do I have to file a wrongful death lawsuit?
The applicable statute of limitations varies by state. The discovery rule may extend the deadline if the cause of death was not immediately known. Consulting a wrongful death attorney today ensures you meet all legal deadlines.
Can an experienced wrongful death attorney help with my case?
Yes. An experienced wrongful death attorney guides families through the legal process, gathers evidence, and fights for fair compensation. Hiring a wrongful death lawyer increases the chances of a successful legal claim.
Does a wrongful death case go through probate court?
Yes, if the claim involves the deceased person’s estate or a deceased child’s estate, the case may go through probate court to distribute assets and settle outstanding debts.
Can I file a wrongful death lawsuit if criminal charges are also involved?
Yes. A civil wrongful death lawsuit is separate from a criminal court case. Even if no one faces criminal charges, you can still pursue a personal injury claim for damages.
What happens if a wrongful death occurs due to medical malpractice?
Families can file a wrongful death claim if wrongful actions by a healthcare provider led to a loved one’s death. Some states cap damages in these cases, so speaking with a wrongful death attorney is crucial.
How do punitive damages work in a wrongful death case?
Courts award only punitive damages to punish the responsible party and deter similar wrongful actions. These are separate from compensatory damages, which cover financial losses.
What should I do if I believe my loved one’s death was wrongful?
If a wrongful act, negligent act, or intentional act caused a death, contact a wrongful death attorney today. They can assess your case, file a legal claim, and help recover damages. It’s essential to seek legal guidance to prove critical factors that determine the outcome of your case.
Seek Justice for Your Loved One
When a wrongful death occurs, families deserve justice and financial security. Every state has laws to protect victims’ families, but legal complexities make hiring a wrongful death lawyer essential.
If your loved one suffered a fatal injury due to wrongful actions, Bourassa Law Group is here to help. Contact us today for a free consultation to recover damages and hold the responsible parties accountable.
1-800-870-8910