Wrongful Death and Economic Interdependence

Many factors need to be considered when calculating damages and compensation, but in many cases, the amount quickly runs into millions of dollars.  This is when a Denver Wrongful Death attorney can help. 

Compensation for Wrongful Death is designed to ease the financial burden on family members and designated beneficiaries, including loss of future income, pain and suffering, and medical/funeral expenses.  If the case cannot be settled out of court, then compensation is determined by a judge or jury. 

Since the “designated beneficiaries” statute was enacted earlier this year, Colorado lawmakers may need to take a closer look at who can benefit from a wrongful death suit.  Until recently, it was required that the person filing the suit be an immediate family member of the deceased, which for legal purposes includes a spouse, child, or dependent.  In other words, one could not file a wrongful death suit on behalf of their favorite uncle. 

But now an unmarried adult in Colorado can appoint another adult as a designated beneficiary, making them eligible to file for wrongful death as well.  Given this recent change in the law, it might make sense to look at making other family members or friends eligible to file a wrongful death suit, beyond the immediate family.  Rather than making wrongful death dependent on a marriage or a registration of beneficiaries, why not make it based on economic interdependence?  This way, even married couples would need to show financial dependence on their deceased spouse in order to qualify for compensation. 

Colorado is already doing this with workers compensation survivors’ benefits, since these benefits are designed to cover the loss of income from an economic provider.  With workers compensation benefits, even a spouse cannot receive benefits if he/she wasn’t living with the deceased worker when they died.

Legislation like this may be a long way off, but it will be interesting to see how it plays out.  If you are looking for more information on filing a suit for wrongful death, it makes sense to consult with a Denver Wrongful Death attorney and find out if you have a viable case.