In Englewood, wrongful death claims can arise from fatal car crashes, unsafe properties, medical errors, and other preventable incidents where basic duties of care were ignored. Losing a family member because of someone else’s negligence brings the sudden responsibility of navigating a legal system you never expected to face. However, you don’t have to face that alone.
An Englewood personal injury lawyer helps surviving family members understand whether Colorado law allows a claim, who has the right to bring it, and what evidence is required to hold the responsible party accountable. At Boesen Law, we draw on over a decade of experience in building fact-driven cases to pursue compensation that reflects the full impact of the loss, both financially and on your whole family.
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 Our Englewood Wrongful Death Lawyers Support Your Family
When families in Englewood come to Boesen Law after a fatal crash, medical error, or other tragedy, we typically help by:
- Investigating what truly happened: We gather police reports, coroner or medical examiner findings, medical records, 911 audio, body cam footage, surveillance video, and any incident or maintenance reports. The relevant evidence will vary depending on the type of case.
- Identifying all potentially liable parties and insurance policies: A wrongful death can involve more than a single individual, such as an employer, property owner, contractor, manufacturer, or healthcare entity. Your lawyer will look beyond the most obvious defendant, so your claim does not stop at the smallest policy limit.
- Working with qualified experts: Accident reconstructionists, medical specialists, economists, and life care planners can help explain how the incident occurred and how losing your loved one changes your family’s long-term financial picture.
- Documenting the human impact of the loss: We collect wage records, benefits information, and testimony about caregiving, parenting, and household contributions so we can also include them in the claim.
- Negotiating and litigating from a position of preparation: We treat every wrongful death claim as a case that may reach trial. That means clear liability theories, organized evidence, and a damages presentation that can be explained to a jury. This preparation also gives us leverage in settlement negotiations.
Wrongful death cases are emotionally demanding and procedurally complex. There is no direct testimony from the person who was hurt, key documents can disappear quickly, and the defendants can have sophisticated insurers and defense teams working from the first day. Our role is to shoulder that burden and build a case that honors both the facts and the person you lost.
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What Counts as Wrongful Death Under Colorado Law?
According to C.R.S. § 13-21-202, a wrongful death occurs when someone dies because another person or entity was negligent, reckless, or intentionally harmful, and the victim could have brought a personal injury claim had they survived. Typical cases include:
- Motor vehicle crashes involving cars, trucks, motorcycles, or pedestrians
- Drunk, drug-impaired, or distracted driving
- Dangerous property conditions in apartments, stores, or parking lots
- Medical negligence, such as diagnostic errors or improper treatment
- Workplace incidents tied to unsafe practices or defective equipment
Who Has the Right to Bring a Wrongful Death Claim in Colorado?
In Colorado, the right to file a wrongful death claim is controlled by C.R.S. § 13-21-201 and depends on the family relationship to the person who died and how much time has passed since the death. The law creates an ordered priority system so that only certain people may bring the claim, and only within specific time frames:
- During the first year after death: The surviving spouse has the primary and exclusive right to file. The spouse may choose to bring the claim alone, jointly with the deceased’s heirs, or allow the heirs to bring the claim instead. If there is no surviving spouse, the right passes to the deceased’s heirs. If there are no heirs, a properly designated beneficiary may file.
- During the second year after death: The surviving spouse, the heirs, or both together may file the claim. A designated beneficiary may also participate if one exists. If the heirs file first, the spouse or designated beneficiary may join the case within the time allowed by law. Siblings may only file in the second year if the deceased had no spouse, no heirs, no designated beneficiary, and no surviving parents.
- Special rules for parents: If the deceased was an unmarried minor without descendants, or an unmarried adult without descendants and without a designated beneficiary, the parents have the right to bring the claim. When both parents are living, they may file jointly, and the court can apportion any recovery if their circumstances warrant it.
Because standing rules are technical and mistakes can permanently bar a claim, determining who has the legal right to file is one of the first and most important steps in a Colorado wrongful death case.
Damages Available in an Englewood Wrongful Death Case
Under C.R.S. § 13-21-203, Colorado law defines the types of damages that may be recovered in a wrongful death claim. These damages are intended to address both the financial impact of the death and the personal losses suffered by surviving family members, including:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Net pecuniary loss, including lost income, employment benefits, and household contributions
- Grief and emotional distress
- Loss of the decedent’s companionship, care, and guidance
- Pain and suffering experienced by the decedent prior to death
- Loss of enjoyment of life suffered by the surviving spouse or eligible family members
Colorado places statutory limits on many non-economic damages in wrongful death cases, but those limits were recently expanded. Under HB24-1472, the general cap on non-economic damages in non-medical wrongful death claims increased to $2,125,000 for claims accruing on or after January 1, 2025. The specific cap that applies to your case depends on when the death occurred and when the claim is filed, which is something we talk through carefully with each family.
Proving Negligence and Causation in a Fatal Case
Because your loved one is not here to describe what happened, wrongful death claims require careful reconstruction of both fault and causation. This means building a coherent, evidence-backed narrative that explains why the defendant’s conduct violated legal duties and how that violation led to the death. Key elements include:
- Duty and breach: Your lawyer will identify the safety rules that applied in your situation, which are dependent on the type of case. For example, in a traffic case, that can mean Colorado rules of the road and safe driving practices. For a medical claim, it might involve the standard of care for a particular specialty.
- Causation: We must show that the negligent act or omission was a substantial factor in bringing about the death. Medical experts often play a central role in explaining how the injury or failed treatment led to complications, decline, and ultimately loss of life.
- Defenses and comparative fault: Defendants often argue that the decedent was partly responsible, or that some other factor broke the chain of causation. Colorado’s comparative negligence statute, C.R.S. § 13-21-111, reduces damages if the decedent’s share of fault is less than 50 percent and bars recovery if it is 50 percent or more. We examine the full record to address these arguments and keep blame where it belongs.
You can review our case results to see how this approach plays out in real cases. In each matter, the focus is on assembling objective proof that stands up to scrutiny.
Talk With an Englewood Wrongful Death Lawyer
Besides deadlines like the statute of limitations, which can end a claim entirely if they are missed, there are practical reasons to involve a wrongful death lawyer as early as possible. Under C.R.S. § 13-80-102, Colorado generally allows two years from the date of death to file a wrongful death lawsuit, but the work needed to support that filing often must begin much sooner, mainly to protect available evidence.
Early involvement allows us to send preservation notices, secure medical and investigative records, and begin consulting with experts who can evaluate fault and causation. It also gives us the opportunity to assess insurance coverage, quantify damages, and position the case for meaningful settlement discussions, while still preparing to file suit on time if negotiations do not lead to a resolution.
If you have lost a family member in Englewood due to someone else’s careless or wrongful actions, contact us to schedule a free consultation. An experienced lawyer from our team will explain how Colorado’s wrongful death laws apply to your situation and outline a plan for seeking justice.
Frequently Asked Questions About Englewood Wrongful Death Cases
What is considered a wrongful death in Colorado?
A wrongful death occurs when a person dies because of another party’s negligence, recklessness, or intentional act, and the victim could have brought a personal injury lawsuit if they had survived. Examples include fatal motor vehicle crashes, dangerous property conditions, medical errors, and defective products.
How long do I have to file a wrongful death lawsuit in Colorado?
Most Colorado wrongful death claims must be filed within two years of the date of death. Some cases, such as those involving specific criminal conduct or government entities, may have different timeframes or additional notice requirements.
Who can bring a wrongful death claim in Englewood?
The answer depends on timing and family relationships. In the first year after death, the surviving spouse has the exclusive right to file, though they can allow heirs to join. In the second year, the spouse, heirs, or both can file. If there is no spouse or children, parents or, in some circumstances, designated beneficiaries or other heirs may have standing.
What types of compensation are available in a wrongful death case?
Families can typically seek economic damages such as final medical bills, funeral expenses, lost income, and lost household services, as well as non-economic damages for grief, loss of companionship, and emotional distress.
Will we have to go to trial to resolve a wrongful death claim?
Many wrongful death claims are resolved through negotiated settlements or mediation once liability is established and damages are well-documented. However, some defendants dispute fault or refuse to offer fair compensation. Boesen Law prepares each case as if it may go before a jury, which strengthens your position in settlement discussions and ensures that, if a trial becomes necessary, your family’s case is ready to be heard.
In Englewood, wrongful death claims can arise from fatal car crashes, unsafe properties, medical errors, and other preventable incidents where basic duties of care were ignored. Losing a family member because of someone else’s negligence brings the sudden responsibility of navigating a legal system you never expected to face. However, you don’t have to face that alone.
An Englewood personal injury lawyer helps surviving family members understand whether Colorado law allows a claim, who has the right to bring it, and what evidence is required to hold the responsible party accountable. At Boesen Law, we draw on over a decade of experience in building fact-driven cases to pursue compensation that reflects the full impact of the loss, both financially and on your whole family.
How Our Englewood Wrongful Death Lawyers Support Your Family
When families in Englewood come to Boesen Law after a fatal crash, medical error, or other tragedy, we typically help by:
- Investigating what truly happened: We gather police reports, coroner or medical examiner findings, medical records, 911 audio, body cam footage, surveillance video, and any incident or maintenance reports. The relevant evidence will vary depending on the type of case.
- Identifying all potentially liable parties and insurance policies: A wrongful death can involve more than a single individual, such as an employer, property owner, contractor, manufacturer, or healthcare entity. Your lawyer will look beyond the most obvious defendant, so your claim does not stop at the smallest policy limit.
- Working with qualified experts: Accident reconstructionists, medical specialists, economists, and life care planners can help explain how the incident occurred and how losing your loved one changes your family’s long-term financial picture.
- Documenting the human impact of the loss: We collect wage records, benefits information, and testimony about caregiving, parenting, and household contributions so we can also include them in the claim.
- Negotiating and litigating from a position of preparation: We treat every wrongful death claim as a case that may reach trial. That means clear liability theories, organized evidence, and a damages presentation that can be explained to a jury. This preparation also gives us leverage in settlement negotiations.
Wrongful death cases are emotionally demanding and procedurally complex. There is no direct testimony from the person who was hurt, key documents can disappear quickly, and the defendants can have sophisticated insurers and defense teams working from the first day. Our role is to shoulder that burden and build a case that honors both the facts and the person you lost.
What Counts as Wrongful Death Under Colorado Law?
According to C.R.S. § 13-21-202, a wrongful death occurs when someone dies because another person or entity was negligent, reckless, or intentionally harmful, and the victim could have brought a personal injury claim had they survived. Typical cases include:
- Motor vehicle crashes involving cars, trucks, motorcycles, or pedestrians
- Drunk, drug-impaired, or distracted driving
- Dangerous property conditions in apartments, stores, or parking lots
- Medical negligence, such as diagnostic errors or improper treatment
- Workplace incidents tied to unsafe practices or defective equipment
Who Has the Right to Bring a Wrongful Death Claim in Colorado?
In Colorado, the right to file a wrongful death claim is controlled by C.R.S. § 13-21-201 and depends on the family relationship to the person who died and how much time has passed since the death. The law creates an ordered priority system so that only certain people may bring the claim, and only within specific time frames:
- During the first year after death: The surviving spouse has the primary and exclusive right to file. The spouse may choose to bring the claim alone, jointly with the deceased’s heirs, or allow the heirs to bring the claim instead. If there is no surviving spouse, the right passes to the deceased’s heirs. If there are no heirs, a properly designated beneficiary may file.
- During the second year after death: The surviving spouse, the heirs, or both together may file the claim. A designated beneficiary may also participate if one exists. If the heirs file first, the spouse or designated beneficiary may join the case within the time allowed by law. Siblings may only file in the second year if the deceased had no spouse, no heirs, no designated beneficiary, and no surviving parents.
- Special rules for parents: If the deceased was an unmarried minor without descendants, or an unmarried adult without descendants and without a designated beneficiary, the parents have the right to bring the claim. When both parents are living, they may file jointly, and the court can apportion any recovery if their circumstances warrant it.
Because standing rules are technical and mistakes can permanently bar a claim, determining who has the legal right to file is one of the first and most important steps in a Colorado wrongful death case.
Damages Available in an Englewood Wrongful Death Case
Under C.R.S. § 13-21-203, Colorado law defines the types of damages that may be recovered in a wrongful death claim. These damages are intended to address both the financial impact of the death and the personal losses suffered by surviving family members, including:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Net pecuniary loss, including lost income, employment benefits, and household contributions
- Grief and emotional distress
- Loss of the decedent’s companionship, care, and guidance
- Pain and suffering experienced by the decedent prior to death
- Loss of enjoyment of life suffered by the surviving spouse or eligible family members
Colorado places statutory limits on many non-economic damages in wrongful death cases, but those limits were recently expanded. Under HB24-1472, the general cap on non-economic damages in non-medical wrongful death claims increased to $2,125,000 for claims accruing on or after January 1, 2025. The specific cap that applies to your case depends on when the death occurred and when the claim is filed, which is something we talk through carefully with each family.
Proving Negligence and Causation in a Fatal Case
Because your loved one is not here to describe what happened, wrongful death claims require careful reconstruction of both fault and causation. This means building a coherent, evidence-backed narrative that explains why the defendant’s conduct violated legal duties and how that violation led to the death. Key elements include:
- Duty and breach: Your lawyer will identify the safety rules that applied in your situation, which are dependent on the type of case. For example, in a traffic case, that can mean Colorado rules of the road and safe driving practices. For a medical claim, it might involve the standard of care for a particular specialty.
- Causation: We must show that the negligent act or omission was a substantial factor in bringing about the death. Medical experts often play a central role in explaining how the injury or failed treatment led to complications, decline, and ultimately loss of life.
- Defenses and comparative fault: Defendants often argue that the decedent was partly responsible, or that some other factor broke the chain of causation. Colorado’s comparative negligence statute, C.R.S. § 13-21-111, reduces damages if the decedent’s share of fault is less than 50 percent and bars recovery if it is 50 percent or more. We examine the full record to address these arguments and keep blame where it belongs.
You can review our case results to see how this approach plays out in real cases. In each matter, the focus is on assembling objective proof that stands up to scrutiny.
Talk With an Englewood Wrongful Death Lawyer
Besides deadlines like the statute of limitations, which can end a claim entirely if they are missed, there are practical reasons to involve a wrongful death lawyer as early as possible. Under C.R.S. § 13-80-102, Colorado generally allows two years from the date of death to file a wrongful death lawsuit, but the work needed to support that filing often must begin much sooner, mainly to protect available evidence.
Early involvement allows us to send preservation notices, secure medical and investigative records, and begin consulting with experts who can evaluate fault and causation. It also gives us the opportunity to assess insurance coverage, quantify damages, and position the case for meaningful settlement discussions, while still preparing to file suit on time if negotiations do not lead to a resolution.
If you have lost a family member in Englewood due to someone else’s careless or wrongful actions, contact us to schedule a free consultation. An experienced lawyer from our team will explain how Colorado’s wrongful death laws apply to your situation and outline a plan for seeking justice.
Frequently Asked Questions About Englewood Wrongful Death Cases
What is considered a wrongful death in Colorado?
A wrongful death occurs when a person dies because of another party’s negligence, recklessness, or intentional act, and the victim could have brought a personal injury lawsuit if they had survived. Examples include fatal motor vehicle crashes, dangerous property conditions, medical errors, and defective products.
How long do I have to file a wrongful death lawsuit in Colorado?
Most Colorado wrongful death claims must be filed within two years of the date of death. Some cases, such as those involving specific criminal conduct or government entities, may have different timeframes or additional notice requirements.
Who can bring a wrongful death claim in Englewood?
The answer depends on timing and family relationships. In the first year after death, the surviving spouse has the exclusive right to file, though they can allow heirs to join. In the second year, the spouse, heirs, or both can file. If there is no spouse or children, parents or, in some circumstances, designated beneficiaries or other heirs may have standing.
What types of compensation are available in a wrongful death case?
Families can typically seek economic damages such as final medical bills, funeral expenses, lost income, and lost household services, as well as non-economic damages for grief, loss of companionship, and emotional distress.
Will we have to go to trial to resolve a wrongful death claim?
Many wrongful death claims are resolved through negotiated settlements or mediation once liability is established and damages are well-documented. However, some defendants dispute fault or refuse to offer fair compensation. Boesen Law prepares each case as if it may go before a jury, which strengthens your position in settlement discussions and ensures that, if a trial becomes necessary, your family’s case is ready to be heard.
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.
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