Ciancio Ciancio Brown, P.C.
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Wrongful death vs. survival action

Having been without being able to seek any sort of recourse can leave one feeling completely hamstrung. Those feelings of powerlessness do not necessarily disappear after the one who has been affected dies. Their family members in Broomfield may continue to feel the need to fight on their behalf. Most might assume that is that desire did prompt them to seek legal action, it would come in the form of a wrongful death lawsuit (due to the one on whose behalf it is brought being dead). Yet the individual circumstances of one's case will determine the resulting action. 

Specifically, the cause of one's death need not be at issue in a lawsuit for it to initiated once a plaintiff has died. A survival action allows legal recourse to be sought even after the one affected by a matter or action has passed away. Some might question how that differs from a wrongful death lawsuit. Per the definition of "wrongful death action" offered up by the Legal Information Institute, such a lawsuit is the result of a tortious injury that resulted in someone's death. A survival action, on the other hand, is action that survives the death of the plaintiff. 

According to Section 13-20-101 of Colorado's Revised Statutes, any cause of action (other than claims of slander or libel) survives the death of one who has claim to it. Their representatives can then take up that action on their behalf once they are gone. The court hearing such a case would treat it as though the plaintiff were still alive. In a survival action, any damages awarded would be meant to cover the injuries sustained by the plaintiffs. Family and friends cannot receive non-economic damages related to their suffering over the plaintiff's loss. 

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Broomfield Office
390 Interlocken Crescent
Suite 350
Broomfield, CO 80021

Toll Free: 800-746-3560
Phone: 303-872-8919
Fax: 303-464-8000
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Denver Office
1660 Lincoln Street
Suite 2000
Denver, CO 80264

Toll Free: 800-746-3560
Phone: 303-395-4773
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Breckenridge Office
106 North French Street
Suite 230
Breckenridge, CO 80424

Toll Free: 800-746-3560
Phone: 970-285-3077
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