Damages in a Wrongful Death Action

Damages in Wrongful Death Actions | Denver Attorneys

The amount of damages recoverable in a wrongful death action is governed by statute. It depends on who files the action and the circumstances surrounding the death. To learn more, contact us to set up an appointment with one of our experienced personal injury attorneys. At Gregory R. Giometti & Associates we are experienced trial attorneys.

Economic and Pecuniary Damages

Economic damages are recoverable for spouses, heirs, and parents who file a wrongful death action. These damages commonly include the direct loss of economic support. In certain circumstances the wrongful death statute places no limit on the economic damages recoverable.

Non-economic and Exemplary Damages

Formerly, plaintiffs were unable to recover non-economic damages in wrongful death actions in Colorado. Colorado law now permits juries to award non-economic damages in wrongful death actions. These damages include compensation for grief, for loss of companionship, for pain and suffering, and for emotional distress.

If a victim survived for a period of time following an accident or injury, the personal representative of the decedent’s estate may file an action under the “survival statute”. The personal representative of the deceased may file this type of action even if the deceased’s spouse and/or heirs have also filed a wrongful death action. Damages available in a survival statute action include expenses related to lost income and medical expenses incurred before the decedent’s death.

At Gregory R. Giometti & Associates, we have extensive experience handling wrongful death actions in Colorado. To learn more contact us to schedule an appointment. Visit our information center on wrongful death.

Firm Overview

Gregory R. Giometti & Associates, P.C., is recognized as one of the top civil litigation firms in Colorado. Mr. Giometti and his associates are highly experienced trial attorneys who have conducted dozens of jury trials in both state and federal courts, mainly in Colorado, but also in Idaho, where Mr. Giometti is licensed as well. The focus of the firm’s practice is representation of insurance companies and their insureds in first and third-party claims.

Practice Areas

  • General Insurance Defense
  • Insurance Coverage Disputes – Declaratory Judgment Actions
  • Coverage Investigations – EUOs
  • Insurance Bad Faith Litigation – Statutory Bad Faith Cases
  • Disputed Property Insurance Claims – Hail Damage Claims – Appraisals
  • Motor Vehicle Accident Litigation – UM/UIM Claims
  • Premises Liability Claims
  • Construction Defect Litigation
  • Fire & Explosion Cases
  • Ski Accident Litigation
  • Wrongful Death Actions
  • Expert Witness Services

Contact Us

  • Gregory R. Giometti & Associates P.C.
    50 South Steele Street
    Suite 480
    Denver, CO 80209
  • Telephone: 303-333-1957
    Fax: 303-377-3460