While no lawsuit can bring your loved one back, holding the responsible party accountable can provide justice, closure, and financial relief for your family. At Boesen Law, our Colorado Springs personal injury lawyers guide families through the complexities of wrongful death claims. A wrongful death lawyer in Colorado Springs can help you build a strong case, fight for the compensation your family deserves, and make sure those responsible are held legally accountable.
A Colorado Springs Wrongful Death Lawyer Who Fights for Families
We know that wrongful death cases require more than just filing a lawsuit. They demand a lawyer who understands Colorado’s wrongful death laws, has the resources to investigate the case thoroughly, and is prepared to take on insurance companies and large corporations. Led by experienced attorneys like Jon C. Boesen, who has over 30 years of handling wrongful death, car crashes, truck accidents, and other catastrophic cases, our team at Boesen Law brings deep expertise to every claim.
Reach out to our law firm for a no-cost, no-obligation consultation today. Call our personal injury lawyers in the state of Colorado at (303) 999-9999 or contact us online.
How We Support Families During This Difficult Time
- A strategic legal approach – Wrongful death claims often involve complicated legal issues and powerful defendants who try to avoid responsibility. We build cases using compelling evidence, expert testimony, and aggressive negotiation strategies to maximize your compensation.
- A deep understanding of Colorado wrongful death law – Under C.R.S. § 13-21-202, wrongful death claims must be filed within strict deadlines, and not everyone is legally allowed to bring a claim.
- Compassionate representation – This is not just a case – it’s your family’s future. We take the time to listen to your story, understand your loss, and advocate for the justice you deserve.
Countless families throughout Colorado Springs have placed their trust in us to advocate for their loved ones. We invite you to review the results we’ve achieved in previous wrongful death cases and schedule a free initial consultation to explore your legal options. As a trusted wrongful death law firm in Colorado Springs, we serve areas including zip code 80903 and beyond, ensuring accessible support for those seeking a wrongful death attorney near you.
Difference Between Wrongful Death Claims and Personal Injury Claims
A personal injury claim lets injured individuals seek compensation for their own losses – including medical bills, lost wages, and pain and suffering. However, if the injured person passes away, a different type of claim becomes necessary.
A wrongful death claim specifically helps surviving family members or the deceased’s estate recover compensation for their losses. This includes vital expenses like funeral costs, ongoing financial support the deceased would have provided, and the devastating emotional impact of losing a loved one.
Here’s something important to know: A wrongful death claim does not cover the deceased’s pain and suffering before death. For these damages, you’ll need what’s called a survival action. This separate legal action allows the estate to seek compensation for what your loved one endured before passing. Many families need to file both types of claims to ensure full compensation.
Don’t worry if this seems complicated – an experienced Colorado Springs wrongful death law firm can guide you through the process and determine exactly which legal actions will best serve your family’s needs. Our attorneys are well-versed in combining these claims to pursue comprehensive recovery.
How Is the Value of a Wrongful Death Case Determined?
Unlike personal injury claims that focus on the victim’s medical costs and pain, wrongful death lawsuits evaluate the financial and emotional toll on surviving family members. The total settlement or verdict depends on several factors – including damages claimed, medical expenses, and funeral costs. Factors like the deceased’s age, income, career potential, health, and life expectancy are carefully assessed, often with input from financial experts.
Insurance companies typically try to minimize payouts by considering only immediate financial losses while disregarding long-term economic and emotional impacts. A wrongful death lawyer, however, ensures that every compensable damage is not only included in the claim but also supported by solid evidence. Recent changes in Colorado law, such as those from House Bill 24-1472 effective in 2025, have increased the cap on non-economic damages in general wrongful death cases to $2,125,000 as of 2026, with adjustments for inflation starting in 2028. This can significantly impact the value of your case, especially for non-economic losses like grief and loss of companionship.
Contact us to schedule a free consultation where our attorneys will evaluate your case and provide straightforward legal advice.
Who Can File a Wrongful Death Lawsuit in Colorado?
Colorado law places strict limits on who can file a wrongful death lawsuit. Eligibility depends on how much time has passed since the person’s death:
- First year after death: Only the surviving spouse has the right to file. If there is no spouse, the deceased’s children may file. If neither exists, the parents of the deceased may pursue a claim.
- Second year after death: Both the spouse and children of the deceased can file. If there is no spouse or children, the parents may still bring a claim.
Updates from House Bill 24-1472 now allow siblings to file in certain circumstances, such as when there are no spouses, children, or parents, and even aunts or uncles under specific conditions. This expansion broadens access to justice for more family members. Many families don’t realize that not everyone is allowed to file a claim, which is why it’s important to speak with a lawyer before taking action. If you’re a family member searching for a lawyer for wrongful death across Colorado, our team can clarify your eligibility quickly.
What Compensation Can a Wrongful Death Claim Provide?
A wrongful death claim is meant to provide financial stability for surviving family members after a tragic loss. Compensation may include:
- Medical expenses and funeral costs – Any medical bills incurred before death and costs related to burial and memorial services.
- Loss of financial support – Wages the deceased would have earned, including future earnings they can no longer provide.
- Pain and suffering – Emotional distress, mental anguish, and the loss of companionship.
- Punitive damages – Additional compensation in cases of gross negligence or intentional misconduct.
In wrongful death lawsuits, compensation falls into two distinct categories. The first category covers damages paid directly to surviving family members, which includes compensation for emotional suffering, loss of companionship, and the financial support they would have received from their loved one. The second category encompasses damages paid to the deceased’s estate, which typically includes medical expenses incurred before death, funeral costs, and any financial losses the estate itself has suffered. Additional economic damages might cover loss of benefits like pensions or life insurance, as well as the value of household services the deceased provided.
Our legal team carefully evaluates both categories to ensure nothing is overlooked. We work with financial experts to calculate the full economic impact, coordinate with estate representatives, and build a comprehensive case that accounts for both immediate and long-term losses. For cases involving felonious killings, there is no cap on non-economic damages, allowing for potentially higher recoveries.
How to Prove a Wrongful Death Case in Colorado Springs
Wrongful death claims require strong evidence to prove that another party’s negligence directly caused your loved one’s death. The key legal elements include:
- Duty of care – The responsible party had a legal obligation to act safely.
- Breach of duty – Their actions or negligence violated that obligation.
- Causation – Their conduct directly resulted in the person’s death.
- Damages – The loss has caused emotional and financial suffering for surviving family members.
Without these elements, the case may be dismissed. Your wrongful death lawyer in Colorado Springs will thoroughly investigate your claim to make sure every piece of evidence is accounted for, including accident reports, medical records, witness statements, and expert opinions from professionals in fields like accident reconstruction or medicine.
What Qualifies as a Wrongful Death Lawsuit?
Not every accidental death qualifies as a wrongful death case. There must be clear legal grounds proving that another party’s negligence, recklessness, or intentional actions directly caused the death. Some of the most common types of wrongful death cases include:
- Fatal car accidents caused by reckless or impaired drivers
- Truck accidents involving commercial vehicles on highways like I-25
- Motorcycle crashes due to driver negligence
- Bus accidents in public transit or school settings
- Workplace accidents due to unsafe conditions, defective equipment, or employer negligence
- Defective products that cause fatal injuries
- Criminal acts such as assault, homicide, or negligent security failures
- Elder abuse and neglect in nursing homes or care facilities
- Dog bites or animal attacks resulting in fatalities
- Slip and fall accidents on hazardous properties
In each case, the family must prove that the at-fault party had a duty of care, failed to uphold that duty, and directly caused the death. Many wrongful death cases require extensive investigation, expert testimony, and legal action against large corporations, hospitals, or insurance providers who will aggressively fight the claim. As Colorado Springs wrongful death lawsuit lawyers, we specialize in these complex scenarios, including car accident wrongful death for traffic-related tragedies.
Who Pays for a Wrongful Death Attorney?
Many families hesitate to file a wrongful death lawsuit because they assume legal fees will be too expensive. However, wrongful death attorneys typically work on a contingency fee basis, meaning legal fees are only collected if the case is won.
- No upfront costs means families do not have to worry about paying for legal services out of pocket.
- Litigation costs, such as expert witnesses and court fees, are covered by the law firm and deducted from the final settlement.
- The at-fault party or their insurance provider may be required to pay legal fees in cases of extreme negligence.
At Boesen Law, a leading law firm, this structure allows families to pursue justice without financial risk. If you need lawyers for wrongful death statewide, our approach ensures accessibility.
Does Insurance Cover Wrongful Death?
Insurance policies often include coverage for wrongful death, but that does not mean insurance companies will pay what they owe without a fight. The type of insurance that applies depends on the circumstances of the death.
- Auto insurance may provide compensation if the wrongful death was caused by a car accident. However, if the at-fault driver was uninsured or underinsured, the victim’s uninsured motorist policy may need to be used. Many families do not realize how their loved one’s own auto insurance policy can help cover wrongful death damages, which is why understanding what auto insurance covers is crucial.
- Business liability insurance may provide coverage if the death resulted from unsafe premises, a workplace accident, or a defective product. However, businesses frequently dispute liability and attempt to minimize payouts.
- Life insurance may offer a payout, but it does not replace a wrongful death claim. Life insurance only covers a predetermined amount and does not provide compensation for pain and suffering, lost wages, or punitive damages.
Colorado’s comparative negligence rule may reduce compensation if the deceased was partially at fault, but as long as it’s under 50%, recovery is possible. Our Colorado wrongful death lawyers can navigate these insurance complexities effectively.
How a Colorado Springs Wrongful Death Lawyer Can Help You
A wrongful death case is a fight against insurance companies, corporations, or individuals who refuse to take responsibility. Without legal representation, families are often pressured into accepting low settlements that don’t cover their losses. We fight back by:
- Conducting a thorough investigation – Collecting police reports, medical records, and witness statements
- Negotiating with insurance companies – Making sure your family receives the maximum settlement possible
- Taking your case to trial if necessary – If a fair settlement isn’t offered, we are prepared to go to court
We take on the legal battle so you can focus on healing. You don’t have to face this process alone. We extend our services to nearby Colorado areas for statewide support.
The Statute of Limitations for Wrongful Death Claims in Colorado
Time is critical in wrongful death cases. Under Colorado law, you generally have two years from the date of death to file a lawsuit. Missing this deadline can result in your case being dismissed, regardless of its merits. Exceptions may apply for undiscovered negligence or if the death involved a minor, but consulting a law firm promptly is essential. For motor vehicle-related wrongful deaths, the timeline aligns with the three-year statute for auto accidents in some contexts, but wrongful death specifics prevail. Our Colorado Springs wrongful death attorneys ensure timely filing to protect your rights.
Steps to Take After a Wrongful Death in Colorado Springs
If you’ve lost a loved one due to negligence, immediate steps can strengthen your case:
- Seek medical documentation of the cause of death.
- Report the incident to authorities, such as police for accidents or regulators for workplace issues.
- Gather evidence like photos, witness contacts, and records.
- Avoid speaking with insurance adjusters without legal counsel.
- Contact a wrongful death lawyer near you for guidance. At Boesen Law, we handle these initial steps compassionately, allowing you to grieve while we build your claim. This process is vital for cases like Colorado Springs car accident wrongful death attorneys handle.
Why Choose Boesen Law as Your Wrongful Death Attorneys Colorado Springs
With offices serving Colorado Springs and a track record of recovering hundreds of millions for clients, Boesen Law stands out as a premier wrongful death law firm. Our attorneys, including Barry I. Dunn and Justino with decades of experience in personal injury and wrongful death, provide personalized strategies. We offer free consultations, no upfront fees, and a commitment to justice.
FAQ: Wrongful Death Claims in Colorado Springs
Who is legally allowed to file a wrongful death lawsuit in Colorado?
Eligibility changes based on the timeline. In the first year after death, the surviving spouse has the exclusive right to file. In the second year, both the spouse and surviving children may file. If there is no spouse or children, the parents may file. As of 2025, siblings may also file if no spouse, children, or parents survive the deceased.
What is the statute of limitations for a wrongful death claim in Colorado?
Generally, you have two years from the date of death to file a claim. However, if the death resulted from a motor vehicle accident, the deadline is typically extended to three years. For cases involving vehicular homicide or hit-and-run incidents where the perpetrator is not immediately identified, the timeline may extend to four years.
Is there a limit on how much compensation a family can receive?
Colorado law imposes caps on “non-economic” damages (such as grief and loss of companionship). As of 2026, the cap for general wrongful death cases has increased to $2,125,000 following House Bill 24-1472.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the family for their own losses, such as lost financial support and emotional grief. A survival action is brought by the estate to recover what the deceased suffered before they passed, such as medical bills and conscious pain and suffering. Often, both are filed together to ensure full recovery.
How much does it cost to hire a wrongful death attorney?
At Boesen Law, we work on a contingency fee basis. This means there are no upfront costs or hourly fees. We cover the expenses of the investigation and litigation, and we only collect a fee if we successfully recover a settlement or jury verdict for your family.
Can I file a claim if my loved one was partially at fault for the accident?
Yes. Under Colorado’s comparative negligence rule, you can still recover damages as long as your loved one was less than 50% at fault. The final compensation amount will be reduced by their assigned percentage of fault.
Talk to a Colorado Springs Wrongful Death Lawyer – Free Consultation
If your loved one’s death was caused by negligence, you deserve answers – and justice. Our firm is here to help you understand your rights, take legal action, and hold the responsible party accountable.
Contact us at (303) 999-9999 to schedule a free consultation. Let us handle the legal fight while you focus on your family. As wrongful death attorneys Colorado Springs, we’re dedicated to serving our community with integrity and results.
Reach out to our law firm for a no-cost, no-obligation consultation today. Call our personal injury lawyers in the state of Colorado at (303) 999-9999 or contact us online.
Content Reviewed By
Wrongful Death Articles
