Losing a loved one because of someone else’s careless or wrongful actions can be extremely overwhelming. You may be facing medical bills from the final hospitalization, sudden loss of income, and painful questions about what happened, all while insurers are already asking for statements or pushing for a quick settlement. Knowing how a wrongful death claim works in Colorado and having a legal advocate manage the process on your behalf can relieve some of the pressure.
When you work with our Greenwood Village personal injury lawyers, your family is not left to confront powerful insurers or corporate defendants alone. Our team investigates the circumstances of the death, identifies every potentially responsible party, and uses Colorado’s wrongful death laws to pursue the full compensation available. We can handle the legal work and negotiations so your family can focus on grieving and supporting one another.
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 Greenwood Village Wrongful Death Lawyers Can Help Your Family
Wrongful death cases are different from other injury claims. There is no opportunity for the victim to testify, and key documents can disappear if no one is preserving them. When families in Greenwood Village turn to Boesen Law after a tragic loss, we typically help by:
- Conducting a thorough liability investigation: We collect and preserve evidence early, including incident reports, scene photos, video footage, and witness statements. This allows us to reconstruct the sequence of events, identify failures or unsafe conduct, and establish responsibility in a way that can withstand challenge from the defense.
- Identifying all responsible parties and insurance coverages: A wrongful death may involve more than one negligent actor. For example, a fatal crash could implicate a distracted driver, an employer, and a third-party maintenance company. We trace all potential liability and insurance layers so your claim is not limited.
- Working with experts to explain what happened: We regularly collaborate with accident reconstructionists, medical experts, economists, and life-care planners. Their testimony can help a jury understand how the incident occurred, what your loved one endured, and how the loss affects your family’s financial future.
- Negotiating and, when needed, litigating aggressively: We prepare every case as though it will go to trial, which allows us to negotiate from a position of strength. If a fair settlement is not offered, we are ready to present your case to a jury.
Wrongful death damages are about more than funeral costs. We gather wage records, benefits information, retirement projections, and family testimony about day-to-day contributions, parenting, and companionship, which are essential to presenting the true impact of the loss. Throughout the process, our attorneys stay in close contact with you, explain each decision point, and handle court deadlines and filings so your family is not burdened with procedural details.
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What Qualifies as Wrongful Death Under Colorado Law?
In a year alone, there were 222,698 unintentional injury deaths in the United States, including 43,273 motor vehicle traffic deaths, according to the U.S. Centers for Disease Control and Prevention. Fatal incidents of this kind are not rare outliers, which is one reason Colorado law provides a specific legal mechanism for families to seek accountability and compensation when negligence results in a loved one’s death.
In Colorado, a death is considered “wrongful” when it results from another person or entity’s negligent, reckless, or intentional conduct. Common situations that may give rise to a wrongful death claim include:
- Motor vehicle collisions, including crashes involving commercial trucks or impaired drivers
- Pedestrian or bicycle incidents at intersections or in parking lots
- Dangerous property conditions, such as unmarked hazards or defective stairs
- Medical negligence, including misdiagnosis, delayed treatment, or surgical errors
- Workplace accidents involving defective equipment, unsafe procedures, or third-party contractors
If your loved one could have brought a personal injury claim had they survived, their eligible family members may instead bring a wrongful death action. Proving that claim, however, requires fitting the facts of your case into Colorado’s statutory framework. In a free initial consultation, a wrongful death accident lawyer can help you find the peace of mind your family needs. Get in touch today for a free consultation with no upfront costs, and discuss the best options to pursue rightful compensation.
Who Can File a Wrongful Death Claim in Colorado?
Not every relative may automatically bring a claim. C.R.S. § 13-21-201 defines who can file a wrongful death lawsuit and when they can do so:
- During the first year after death:
- The surviving spouse has the exclusive right to file.
- The spouse may elect in writing to allow the decedent’s heirs (typically children) to join or bring the claim with them.
- During the second year after death:
- The spouse, heirs, or both together may bring the claim.
- If there is no spouse, eligible heirs, or, in some cases, a designated beneficiary may file.
- When there is no spouse or children:
- Parents may have the right to bring the claim.
These rules can become complicated for blended families, situations involving stepchildren, designated beneficiaries, or disputes between parents. Our attorneys often begin by mapping out the family structure and reviewing the statutory language with you so that the right person or combination of people appears on the lawsuit.
Recoverable Compensation in a Greenwood Village Wrongful Death Case
Although no amount of money can replace a loved one, a wrongful death claim is the legal mechanism Colorado provides to address the financial and personal losses caused by a preventable death. Under C.R.S. § 13-21-203, recoverable damages generally include both economic and non-economic losses:
Economic losses
These are quantifiable financial harms, which may include:
- Medical expenses related to the fatal injury
- Funeral and burial or cremation costs
- The decedent’s lost income, benefits, and retirement contributions
- Loss of household services, such as childcare, home maintenance, or caregiving for other relatives
To calculate these losses, we bring in economists who take into account the decedent’s age, earning history, career trajectory, and employment benefits, as well as inflation and expected work-life expectancy.
Non-economic losses
Colorado also allows recovery for non-economic losses, such as:
- 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 for the surviving spouse or family members
For deaths occurring on or after January 1, 2025, the legislature increased the cap on non-economic damages in wrongful death cases to $2,125,000, with certain exceptions for felonious killings where there is no cap. Our role is to ensure your claim fully accounts for both economic and non-economic categories and to present your family’s story in a way that fits within these statutory frameworks.
Proving Fault and Building a Strong Wrongful Death Case
Because the person who was harmed cannot testify, wrongful death cases rely on careful reconstruction of events. Key elements of building a strong case include:
- Establishing duty and breach: We analyze how the defendant should have behaved under Colorado law and industry standards. In a fatal crash, this may involve traffic regulations and safe-driving rules. In a medical case, we examine what a reasonably careful provider should have done under the circumstances.
- Showing causation: It is not enough to show negligence in the abstract. We must tie the wrongful conduct directly to the death, often using medical experts to explain how the injury led to complications, decline, and ultimately loss of life.
- Quantifying damages with documentation: We gather tax returns, pay stubs, benefits statements, and testimony from co-workers and family members to demonstrate the decedent’s role in the household and community. That evidence supports both economic projections and the intangible aspects of your loss.
In many claims, we also consider theories such as negligent entrustment, negligent hiring or supervision, or vicarious liability when an employer, property owner, or other entity bears responsibility for the person who caused the harm. This broader view can significantly increase the available insurance coverage and the likelihood of a meaningful recovery.
Deadlines and Limitations in Colorado Wrongful Death Lawsuits
For most cases arising from negligence, families generally have two years from the date of death to file suit, under the general limitations provisions found in C.R.S. § 13-80-102. Motor vehicle cases and certain other scenarios have different timeframes, and there are occasional exceptions or tolling rules, but courts apply these deadlines strictly.
Beyond helping you manage these deadlines, speaking with a lawyer early helps you preserve evidence. Your lawyer will move quickly to send preservation letters, request records, and begin the analysis necessary to protect your claim within the statutory window.
Justice Starts with a Call: Contact Our Greenwood Village Wrongful Death Lawyers
After a wrongful death in Colorado, you are grieving, yet at the same time, you are being asked to make decisions that may affect your family’s financial security for decades. Liability disputes, damages caps, and filing deadlines under Colorado law are not something you should have to manage on your own.
A lawyer from Boesen Law can investigate the circumstances of your loss, identify every party that may share responsibility, and work with experts to present a clear, well-supported claim. We offer free consultations from our Greenwood Village office, and we do not charge any attorney fees unless we recover compensation for you.
To discuss your options and learn how we can help, contact us today.
Frequently Asked Questions
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 deceased could have brought a personal injury claim if they had survived. Examples include fatal car crashes, medical errors, dangerous property conditions, and defective products.
How long do I have to file a wrongful death lawsuit in Colorado?
In most cases, you have two years from the date of death to file a wrongful death lawsuit. Certain motor vehicle or governmental claims may have different requirements or notice provisions, so it is important to speak with an attorney as soon as possible to avoid missing these deadlines, which could bar your claim entirely.
Who is allowed to bring a wrongful death claim?
Generally, the surviving spouse has the exclusive right to file during the first year after death. In the second year, the spouse, heirs (such as children), or both together may bring the claim. If there is no spouse or children, the parents, or, in some cases, a designated beneficiary may have standing. Our attorneys can help determine who should be named as plaintiffs in your situation.
What damages can a family recover in a wrongful death case?
Families may recover economic damages such as medical bills, funeral costs, lost income, and lost benefits, as well as non-economic damages for grief, loss of companionship, and emotional distress.
Do I have to go to trial to resolve a wrongful death claim?
Many wrongful death cases settle through negotiation or mediation once liability is clear and damages are well documented. However, insurers sometimes dispute fault or attempt to undervalue the family’s losses. Boesen Law prepares each case as if it will be tried before a jury, which strengthens our position at the negotiation table and ensures we are ready to proceed to court if a fair resolution cannot be reached.
You Can Find Us Here
5675 DTC Blvd., Suite 250, Greenwood Village, CO 80111
Phone: 303-999-9999
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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