Denver Wrongful Death Lawyers
Losing someone you love because of another person’s carelessness is one of the most painful experiences a family can face. The Denver wrongful death lawyer can help you understand your legal rights and fight for the compensation your family deserves during this difficult time.
Under Colorado law, surviving family members may be able to hold the responsible party accountable and recover damages for medical bills, lost income, funeral costs, and the emotional toll of losing someone so important to you. If your loved one’s death was caused by someone else’s negligence, recklessness, or wrongful actions, you have the right to seek justice.
At DM Injury Law, we represent families across the Denver metro area and throughout Colorado who are dealing with the unimaginable loss of a spouse, parent, child, or sibling. Our team works together to handle every detail of your wrongful death claim so you can focus on your family.
Call (303) 381-0048 or contact us online today for a free consultation.
Why Choose DM Injury Law for Your Denver Wrongful Death Case?
DM Injury Law is a nationally recognized trial practice with a proven record of recovering hundreds of millions of dollars for injured clients and families across the Midwest. Since 2013, our award-winning attorneys have built a reputation as strong advocates who go up against insurance companies and large corporations on behalf of the people they hurt.
Here is what sets us apart:
- Size and Resources: With a team of attorneys and support staff, we have dedicated team members handling each aspect of your case, from investigation to negotiation to trial preparation.
- Proven Results: Our attorneys have recovered more than $1 billion in compensation for clients in cases involving auto accidents, workplace injuries, serious injuries, and wrongful death.
- Recognized Attorneys: Our lawyers have earned recognition from respected organizations, including Super Lawyers and The National Trial Lawyers Top 100.
- Personal Attention: Every family we represent receives personalized service and a legal strategy tailored to the unique facts of their case.
- No Recovery, No Fee: We work on a contingency fee basis. There is no cost to hire our team, and you pay nothing unless we recover compensation for you.
What Is a Wrongful Death Claim in Colorado?
A wrongful death claim is a civil lawsuit filed by surviving family members when a person dies because of another party’s negligence, recklessness, or intentional wrongdoing. Under the Colorado Wrongful Death Act (C.R.S. § 13-21-201), the claim can be brought in any situation where the deceased person could have filed a personal injury lawsuit if they had survived.
In simpler terms, if someone’s careless or wrongful behavior caused your loved one’s death, your family may have the legal right to seek financial compensation. A wrongful death claim is separate from any criminal case. Even if criminal charges are filed, your family can still pursue a civil lawsuit to recover damages.
Common Causes of Wrongful Death in Denver
Wrongful deaths happen in many different settings across the Denver metro area, from busy intersections and construction sites to hospitals and nursing homes. What these tragedies have in common is that they are often preventable. When someone’s careless or reckless actions take a life, the surviving family has the right to seek accountability.
Wrongful death claims in Denver often arise from situations like:
- Car, truck, and motorcycle accidents
- Pedestrian and bicycle accidents
- Drunk or impaired driving crashes
- Medical malpractice
- Workplace accidents and construction site injuries
- Defective or dangerous products
- Nursing home abuse or neglect
- Premises liability incidents, such as falls on unsafe property
Each of these situations involves a responsible party whose carelessness or wrongful actions led to a preventable death. Our Denver wrongful death lawyers can investigate what happened, identify the liable parties, and build a case to hold them accountable.
Who Can File a Wrongful Death Lawsuit in Colorado?
Colorado law is specific about who has the legal right, called “standing,” to file a wrongful death claim. The rules also depend on how much time has passed since the death. In Colorado, the filing rights work in a structured order.
In the First Year After the Death
- The surviving spouse has the primary right to file
- If the deceased was unmarried, the children or a designated beneficiary may file
- The surviving spouse may elect in writing to allow the children to file or to file jointly with them
In the Second Year After the Death
- The surviving spouse, heirs, or designated beneficiary may file
- If the deceased’s children file the claim, the surviving spouse or designated beneficiary has 90 days to join the lawsuit
Expanded Rights for Siblings
Colorado House Bill 24-1472 expanded who may bring a wrongful death action. Siblings of the deceased may now file a claim if there is no surviving spouse, no heirs, and no designated beneficiary, or if the deceased was an unmarried minor or unmarried adult without descendants and had no surviving mother or father.
Compensation Available in a Denver Wrongful Death Case
Families who file a wrongful death claim in Colorado may recover both economic and non-economic damages. There is no cap on economic damages, which means you can recover the full value of financial losses.
Economic Damages
These are the measurable financial losses your family has suffered, including:
- Medical expenses from your loved one’s final illness or injury
- Funeral and burial costs
- Loss of the deceased’s income and future earning potential
- Loss of financial support and benefits
- Other out-of-pocket costs tied to the death
Noneconomic Damages
These damages address the emotional and personal losses your family has experienced. In Colorado, noneconomic damages in wrongful death cases are subject to a cap. For lawsuits filed on or after January 1, 2025, the noneconomic damages cap is $2.125 million. Non-economic damages may include:
- Grief and sorrow
- Loss of companionship
- Pain and suffering
- Emotional distress
The cap on noneconomic damages does not apply if the death resulted from a felonious killing, such as a fatal drunk driving incident. Starting in January 2028, the cap will also be adjusted every two years for inflation.
In lieu of proving non-economic damages, Colorado allows plaintiffs to elect a statutory “solatium” amount as a flat non-economic award in some wrongful death cases.
Punitive Damages
In cases involving fraud, malice, or willful and wanton conduct, a jury may also award punitive damages. These are meant to punish particularly reckless behavior. Under Colorado law, punitive damages cannot exceed the amount of actual wrongful death damages awarded.
Every wrongful death case is different, and the compensation your family may recover depends on the specific facts involved. A Denver wrongful death attorney can help you understand what your claim may be worth.
Call (303) 381-0048 or contact us online today for a free consultation.
Colorado’s Statute of Limitations for Wrongful Death
The statute of limitations is the legal deadline for filing your claim. In Colorado, families generally have two years from the date of the person’s death to file a wrongful death lawsuit. This deadline is set by C.R.S. § 13-80-102.
There are limited exceptions to this two-year rule:
- Hit-and-run vehicular homicide: The statute of limitations extends to four years if the death was caused by a hit-and-run.
- Claims against government entities: Under the Colorado Governmental Immunity Act, families must provide formal notice of the claim within 182 days (about six months) of the death.
Missing the filing deadline almost always means losing the right to pursue your claim, no matter how strong the evidence may be. It is important to speak with a wrongful death lawyer as soon as possible to protect your family’s rights.
How Colorado’s Comparative Negligence Law Affects Wrongful Death Claims
Colorado follows a modified comparative negligence rule, sometimes called the “50 percent bar rule.” This rule, found in C.R.S. § 13-21-111, can affect how much compensation your family receives.
Here is how it works. If the deceased person is found to share some of the fault for the incident that caused their death, the total compensation is reduced by their percentage of fault. However, if the deceased is found to be 50% or more at fault, the family is barred from recovering any compensation at all.
For example, if a jury awards $1,000,000 in damages but finds the deceased was 20% at fault, the family would receive $800,000. But if the deceased is found 50% or more responsible, the family receives nothing.
Insurance companies often try to assign blame to the deceased person to reduce or eliminate what they have to pay. This is one of the key reasons why having a skilled legal team matters.
Our experienced wrongful death attorneys in Denver can push back against unfair fault assignments and build a compelling case that protects your family’s right to fair compensation.
How a Denver Wrongful Death Lawyer Can Help Your Family
Filing a wrongful death claim involves much more than paperwork. Your attorney’s job is to build the strongest possible case, handle communication with insurance companies, and fight for the full value of your claim. Here is what that process typically looks like:
- Investigation: Your legal team will gather evidence, review police and medical records, interview witnesses, and work with accident reconstruction professionals when needed.
- Identifying Liable Parties: In some cases, more than one person or company may be responsible. Your attorney will determine every party that may owe your family compensation.
- Calculating Damages: A thorough review of your family’s financial and emotional losses helps determine the full value of your claim.
- Negotiation: Most wrongful death cases are resolved through settlement. Your attorney will handle all negotiations with the insurance company and fight for a fair outcome.
- Trial Preparation: If a fair settlement cannot be reached, your attorney should be prepared to take your case to trial. At DM Injury Law, our attorneys are proven trial lawyers who are ready to present your case in front of a jury.
Throughout every step, our Denver wrongful death lawyers will keep you informed, answer your questions, and treat your family with the respect and compassion you deserve.
Denver Wrongful Death Attorneys FAQ
Here are answers to some of the most common questions families have about wrongful death claims in Colorado.
How long does a wrongful death case take to resolve in Colorado?
The timeline depends on the complexity of the case. Some claims settle quickly, while others, especially those that go to trial, may take longer. Factors like the number of liable parties, the amount of evidence involved, and the willingness of the insurance company to negotiate all play a role.
Can I file a wrongful death claim if there is also a criminal case?
A wrongful death lawsuit is a civil matter that is separate from any criminal prosecution. The two cases have different standards of proof, and you do not need to wait for the criminal case to end before filing your civil claim.
What if my loved one was partially at fault for the accident?
Under Colorado’s modified comparative negligence rule, you may still have a valid claim as long as your loved one was less than 50% at fault. The compensation would be reduced by their percentage of fault, but you would not be barred from recovery entirely.
Can I file a wrongful death claim for the death of a child?
Parents may file a wrongful death claim when a child dies due to another party’s negligence. Damages in these cases often include funeral expenses, medical bills from the child’s final injury or illness, and non-economic damages such as grief and loss of companionship.
Is there a difference between a wrongful death claim and a survival action in Colorado?
A wrongful death claim compensates the surviving family for their losses, such as lost income and emotional suffering. A survival action compensates the deceased person’s estate for damages the person suffered before they died, such as medical expenses and pain. These are two separate claims, and your Denver personal injury attorney can advise you on whether both may apply to your situation.
Do I need to prove the other party intended to cause the death?
Many wrongful death cases are based on negligence, not intent. Typically, you need to show that the responsible party owed a duty of care, breached that duty, and that the breach directly caused your loved one’s death. Intentional acts can also give rise to a claim, but proof of intent is not required.
Contact Our Denver Wrongful Death Lawyers Today For a Free Case Evaluation
No amount of money can replace the person your family has lost. But a wrongful death claim can help ease the financial burden, bring accountability, and provide a sense of justice during an incredibly difficult time.
At DM Injury Law, we are committed to standing beside Denver families and fighting for the compensation they deserve. With our team of approximately 70 attorneys and 250 dedicated support staff, we have the resources and the determination to take on even the toughest cases.
For a free case review, call or contact us online. We are ready to listen to your story and help your family take the next step.
Call (303) 381-0048 or contact us online today for a free consultation.
Past results do not guarantee future outcomes. Every case is different and must be evaluated on its own facts.
