Denver Wrongful Death Attorneys

Approaching Wrongful Death Cases With Care & Respect

We understand that behind every wrongful death case is a family that is grieving, exhausted, and trying to make sense of an unimaginable loss. We never lose sight of that. From the very first conversation we have with you, our goal is to make sure you feel heard, respected, and supported. We explain everything clearly, we answer every question patiently, and we never rush you through a process that is inherently emotional and deeply personal.

At the same time, we know that the decisions made in the early stages of a wrongful death claim can have a lasting impact on the outcome. We handle all the legal heavy lifting by investigating the cause of your loved one's death, gathering evidence, communicating with insurance companies, and preparing a compelling case on your family's behalf, so that you can focus on your family and your healing. You will never feel like a case number here. You will always feel like someone we genuinely care about because you are.

Who Can File a Wrongful Death Claim in Colorado?

Colorado law governs who has the legal standing to bring a wrongful death claim, and the rules vary depending on how much time has passed since the date of death.

Under Colorado Revised Statutes § 13-21-201 and § 13-21-202, the right to file is structured as follows:

• First year after death: The surviving spouse has the exclusive right to file a wrongful death claim; if there is no surviving spouse, the surviving children may file.
• Second year after death: The right to file extends to the surviving spouse and/or children jointly, or to the surviving children if there is no spouse.
• If there is no surviving spouse or children: Parents of the deceased may bring a wrongful death claim under Colorado law.
• Designated beneficiary: Under certain circumstances, a person designated under Colorado's Designated Beneficiary Agreement Act may also have standing to file.

Wrongful Death Claims vs. Survival Actions

In Colorado, two distinct types of legal claims may arise from a fatal accident: a wrongful death claim and a survival action. While both stem from the same incident, they serve different purposes and are filed by different parties. A wrongful death claim is brought by surviving family members and seeks to compensate them for the losses they have personally suffered as a result of losing their loved one. A survival action, on the other hand, is brought on behalf of the deceased person's estate and pursues compensation for the losses the deceased experienced between the time of injury and the time of death.

Key distinctions between the two types of claims:

• A wrongful death claim is filed by eligible surviving family members; a survival action is filed by the personal representative of the deceased's estate.
• Wrongful death damages focus on the family's losses; survival action damages focus on what the deceased personally endured.
• Both claims can often be pursued simultaneously, depending on the circumstances.
• Colorado's survival action statute is governed by C.R.S. § 13-20-101.

Together, these two claims can paint a complete picture of the full harm caused by another party's negligence, both to the person who was lost and to the family left behind. We can help your family understand whether one or both claims apply to your situation and guide you through each step of the process or processes.

Compensation Your Family Can Pursue

No amount of money can undo what has happened or fill the space left by someone you loved. We know that, and we never approach a wrongful death case as though a financial recovery is the ultimate measure of justice. What we do believe is that compensation can provide your family with a degree of stability and security that creates relief from financial pressure so that grief doesn't have to overlap with unpaid bills and uncertainty about the future.

Damages that may be pursued through a wrongful death claim and survival action in Colorado include:

• Funeral and burial expenses
• Medical bills incurred prior to your loved one's death
• The deceased's pain and suffering between injury and death (survival action)
• Loss of the deceased's future income and financial contributions to the family
• Loss of companionship, care, guidance, and emotional support
• Grief, emotional distress, and mental anguish suffered by surviving family members
• Loss of household services and parental guidance for surviving children
• Punitive damages in cases involving especially reckless or willful conduct

Every family's situation is different, and the damages available in your case will depend on the specific circumstances of your loss. We will take the time to understand your family's unique situation fully and pursue every avenue of compensation that applies.

Colorado's Statute of Limitations for Wrongful Death Claims

Time is an important factor in any wrongful death case. Under Colorado law, wrongful death claims are generally subject to a two-year statute of limitations, meaning the claim must be filed within two years of the date of your loved one's death. Missing this deadline can permanently bar your family from pursuing compensation, regardless of how strong the case may be.

Reach Out When You're Ready – Just Dial (720) 605-7793

When your family is ready to talk, our Denver wrongful death attorneys are here to listen. Your first case review with us is completely free, completely confidential, and conducted with the sensitivity and respect your family deserves. If we move your case forward together, you will never owe us any attorney fees unless we recover compensation for you, so you can seek justice without worrying about your financial situation after losing a loved one.

We’re available around the clock. Call (720) 605-7793 and request your no-cost case review.