Losing a loved one because of someone else’s negligence is a pain no family should have to bear. If a preventable accident in Denver took the life of someone you love, a Denver wrongful death lawyer can handle the legal process with compassion while you grieve. From crashes on I-25, I-70, and Colorado Boulevard to unsafe property and medical mistakes, these cases give families a way to seek justice and financial security.
No amount of money can replace your loved one, but a wrongful death claim can ease the financial burden and hold the responsible party accountable. An experienced attorney explains who can file, what deadlines apply, and what your family may recover.
Why Do You Need a Denver Wrongful Death Lawyer?
A Denver wrongful death lawyer carries the legal burden so your family can focus on healing. These cases involve strict rules about who may file and when, along with insurers who try to minimize what a life was worth. Your lawyer investigates what happened, identifies every responsible party, documents your family’s losses, and fights for full and fair compensation.
What Are Common Causes of Wrongful Death in Denver?
Wrongful death claims in Denver arise whenever a preventable act of negligence takes a life. The most common causes our Denver wrongful death lawyers handle include:
- Car, truck, and motorcycle crashes
- Pedestrian and bicycle accidents
- Medical negligence and misdiagnosis
- Dangerous or defective products
- Workplace and construction accidents
- Falls and unsafe property conditions
In 2024, 684 people died on Colorado roads, and many of those deaths may have given families the right to a wrongful death claim (CDOT, 2024).
What Should You Do After Losing a Loved One in Denver?
The days after a fatal accident in Denver are painful, but a few steps can protect your family’s right to a wrongful death claim:
- Request a copy of the police report, accident report, or incident report.
- Keep records of medical bills, funeral costs, and other related expenses.
- Save any photos, videos, or witness contact information connected to the death.
- Avoid signing anything or accepting any payment from an insurance company.
- Do not give a recorded statement to an insurer before speaking with a lawyer.
- Make a list of family members who may have a legal right to file.
- Contact a Denver wrongful death lawyer to learn who can file and what deadlines apply.
What Damages Can Surviving Family Recover?
Damages in a Colorado wrongful death claim are meant to ease the financial and emotional burden a family faces after a preventable death. The table below shows what surviving family members may recover.
Damages Available in a Colorado Wrongful Death Claim
| Type of Damage | What It Covers |
| Lost financial support | Income and benefits the deceased would have provided the family |
| Funeral and burial costs | Reasonable expenses of the funeral, burial, or cremation |
| Final medical expenses | Care for the fatal injury or illness before the death |
| Loss of companionship | Loss of love, guidance, comfort, and support for the family |
| Noneconomic damages | Grief and emotional suffering, subject to Colorado limits |
How Does Colorado’s Fault Rule Affect Your Claim?
Colorado’s modified comparative negligence rule (C.R.S. 13-21-111) can still affect a wrongful death claim. If the person who died was found partly at fault, the family can recover as long as that share was less than 50 percent, though the award is reduced by that percentage. Insurance companies often try to shift blame onto the person who died, so a Denver wrongful death lawyer works to counter that and protect your family’s recovery.
How Long Do You Have to File a Wrongful Death Claim in Denver?
Colorado gives families two years from the date of death to file a wrongful death lawsuit, or three years if the death resulted from a motor vehicle crash. Colorado law also limits who may file and when. In the first year, only the surviving spouse may file, though heirs can file if there is no spouse. In the second year, the spouse or the heirs may file. Because these rules are strict, it is wise to speak with a lawyer early.
Do not wait to get legal help. Missing Colorado’s filing deadline almost always means losing your right to recover, no matter how strong your case is.
Who Can File a Wrongful Death Claim in Colorado?
Colorado law sets a specific order for who can file a wrongful death claim and when. In the first year after the death, only the surviving spouse may file, unless there is no spouse, in which case the heirs may file. In the second year, the spouse or the heirs may file. Parents may file for an unmarried child who left no descendants. A recent change in the law also expanded who may recover in certain cases, and a Denver wrongful death lawyer can confirm where your family stands.
Who Can File a Colorado Wrongful Death Claim
| Time After Death | Who May File |
| First year | The surviving spouse, or the heirs if there is no spouse |
| Second year | The surviving spouse or the heirs of the deceased |
| No spouse or children | The parents of the deceased |
| If legally designated | A designated beneficiary |
How Much Does a Denver Wrongful Death Lawyer Cost?
Most Denver wrongful death lawyers, including our firm, work on a contingency fee basis. That means you pay nothing upfront and no hourly bills arrive while your case is ongoing. The attorney fee is a percentage of the compensation recovered, and you owe it only if your case is successful. We also offer a free consultation, so you can learn where you stand at no cost and with no obligation.
Contact a Denver Wrongful Death Lawyer Today
If you lost a loved one in a preventable accident in Denver, you do not have to face this alone. Our compassionate team can explain who is eligible to file, handle the legal process, and pursue justice and full compensation for your family. We serve clients throughout downtown Denver and the surrounding metro area and offer free, confidential consultations. Call today.
Frequently Asked Questions
Who can file a wrongful death claim in Colorado?
In the first year after the death, only the surviving spouse may file, though heirs can file if there is no spouse. In the second year, the spouse or the heirs may file. Parents may file for an unmarried child with no descendants.
How long do we have to file a wrongful death claim?
Colorado gives families two years from the date of death, or three years if a motor vehicle crash caused the death. Because the rules on who can file change after the first year, it is best to act early.
What can our family recover in a wrongful death claim?
Families may recover lost financial support, funeral and burial costs, final medical expenses, and noneconomic damages for grief and loss of companionship. Colorado places limits on noneconomic damages, with an exception for a felonious killing.
Is a wrongful death claim the same as a survival action?
No. A wrongful death claim compensates the family for their losses, while a survival action is brought by the estate for what the deceased suffered before death. Both may be available, and a lawyer can explain how they work together.