Wrongful Death

Fotoer Pres Icon

A fatal accident does not end with the incident itself. For families in Littleton, it often triggers months of financial uncertainty and legal confusion. Colorado’s wrongful death statutes influence those challenges from the very beginning by determining who is legally allowed to bring a claim, which categories of losses may be recovered, and what level of proof is required to connect the death to another party’s actions, shaping how evidence must be gathered and what decisions must be made long before any lawsuit is filed.

But you don’t have to go through that alone. Working with our experienced Littleton personal injury lawyers allows your family to make decisions with accurate information and a tailored legal strategy. A lawyer from Boesen Law draws on over a decade of experience to investigate the case, identify every responsible party, secure key evidence, and pursue full and fair compensation so you can focus on grieving and caring for your 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 Littleton Wrongful Death Lawyers Help Your Family

When families in Littleton turn to Boesen Law after a fatal crash, medical error, or other preventable tragedy, we typically help by:

  • Running a full liability investigation: Your lawyer will gather and preserve evidence that may not be captured in initial reports, including records, physical evidence, digital data, and witness accounts, to establish how the fatal incident occurred and whether legal duties were violated.
  • Identifying every potentially responsible party and insurance policy: Wrongful death cases can involve overlapping responsibility. It’s necessary to analyze whether liability extends beyond an individual actor to employers, contractors, property owners, product manufacturers, or medical providers. We also identify all available insurance coverage tied to each party.
  • Working with experts to explain what happened and what was lost: Your lawyer will collaborate with qualified experts such as accident reconstructionists, medical specialists, economists, and vocational professionals to clarify causation, explain technical issues, and quantify the financial impact of the death in a way that can withstand legal scrutiny.
  • Documenting the full scope of your loss: Beyond immediate expenses, Boesen Law compiles evidence of income, benefits, household contributions, and the loss of companionship, guidance, and support, so the claim reflects how your loved one’s absence affects your family’s daily life and future stability.
  • Negotiating and litigating from a position of preparation: We treat every wrongful death case as if it may go to trial. That means clear legal theories, organized evidence, and a damages presentation that can be shown to a jury. This level of preparation strengthens our negotiating position and ensures we can move forward in court if a fair settlement is not offered.

Throughout the process, we shield you from unnecessary contact with insurers and defense counsel, keep you informed about major decisions, and take care of court filings and deadlines so your family is not consumed by procedure. We invite you to schedule a free initial consultation today to discuss how we can support your family with your case.

What Is Considered Wrongful Death Under Colorado Law?

Under C.R.S. § 13-21-202, a death is considered wrongful when it results from another person or entity’s negligent, reckless, or intentional conduct, and the person who died could have brought a personal injury claim if they had survived. In Littleton, common cases include:

  • Motor vehicle crashes involving cars, trucks, motorcycles, or pedestrians
  • Drunk, drug-impaired, or distracted driving
  • Dangerous property conditions, such as unmarked hazards, inadequate lighting, or faulty railings
  • Medical negligence, including misdiagnosis, delayed treatment, or surgical errors
  • Workplace incidents involving defective equipment or unsafe procedures
  • Nursing home neglect or abuse that leads to fatal complications

On a national level, unintentional injuries remain a leading cause of death. According to CDC data, 222,698 people died from unintentional injuries in the United States in 2023, including 43,273 motor vehicle traffic fatalities. Behind those numbers are families dealing with losses that are both deeply personal and shaped by legal rules. Colorado’s wrongful death statutes exist so that those families have a structured way to seek accountability when negligence turns deadly.

Who Can File a Wrongful Death Claim in Colorado?

According to C.R.S. § 13-21-201, only certain people can bring a wrongful death lawsuit:

  • First year after death
    • The surviving spouse has the exclusive right to file.
    • The spouse may choose in writing to allow the decedent’s heirs, typically children, to join in the claim.
  • Second year after death
    • The surviving spouse, eligible heirs, or both together may bring the lawsuit.
    • If there is no surviving spouse, eligible heirs may file.
  • When there is no spouse or children
    • Parents may have the right to bring a wrongful death case, especially if the decedent was unmarried and without descendants.

Recent legislative changes have broadened who may participate in wrongful death claims. Colorado’s House Bill 24-1472, effective January 1, 2025, allows siblings to file in certain circumstances and increases several damage caps. Because these rules interact with family structure and timing, one of the first steps we take is to map out who Colorado law recognizes as proper plaintiffs so the case begins on a solid legal footing.

Damages Available in a Littleton Wrongful Death Case

Wrongful death claims are the legal mechanism the state provides to address both the financial and emotional consequences of a preventable death. Depending on your case’s specific circumstances, your claim may include:

Economic losses

These are the tangible financial harms your family faces, and may include:

  • Final medical expenses related to the fatal injury or illness
  • Funeral, burial, or cremation costs
  • The decedent’s lost earnings and employment benefits, now and in the future
  • Loss of household services, such as childcare, home maintenance, transportation, and caregiving for other relatives

We often work with economists to project future earnings and benefits based on age, work history, career path, and expected work-life, then tie those projections to the evidence in your case.

Non-economic losses

Colorado also recognizes the human and relational dimension of a wrongful death, allowing recovery for:

  • Grief and emotional distress
  • Loss of companionship, affection, and guidance
  • Loss of the decedent’s presence in daily life

Exemplary (punitive) damages

In rare cases where the death was caused by conduct that is fraudulent, malicious, or willful and wanton, Colorado law allows courts to award exemplary damages in addition to compensatory damages. These damages are about punishing particularly egregious behavior and deterring similar conduct in the future.

Deadlines and Legal Limits in Colorado Wrongful Death Cases

Colorado law imposes strict deadlines for filing civil actions, including wrongful death claims. In most cases, the applicable statute of limitations is two years, as set out in C.R.S. § 13-80-102, and the clock generally begins to run on the date of death. 

But beyond formal deadlines, there are also practical timing concerns, mainly around the preservation of evidence. When families contact us early, we can send preservation letters, request records, and begin expert review within the legal timeframes, while there is still an opportunity to secure critical evidence.

Talk With a Littleton Wrongful Death Lawyer

A wrongful death claim is about a real person who should still be part of your life, and about making sure their story is heard in a system that runs on deadlines, documents, and legal standards. Boesen Law is here to help you do exactly that.

Our case results include significant recoveries in complex injury and wrongful death cases. While no past outcome guarantees a particular result, those cases show the level of investigation and case building we bring when a family’s future is at stake.

If you have lost a loved one in Littleton because of someone else’s careless or wrongful conduct, contact us to schedule a free consultation. A lawyer from our team can explain what the next steps look like and answer all the questions you may have.

Frequently Asked Questions About Littleton Wrongful Death Cases

What is considered a wrongful death in Colorado?

A wrongful death occurs when a person dies because another individual, business, or entity was negligent, reckless, or intentionally harmful, and the decedent could have brought a personal injury claim if they had survived. Common examples include fatal motor vehicle crashes, medical errors, unsafe property conditions, and dangerous products.

How long do I have to bring a wrongful death lawsuit?

In most negligence-based wrongful death cases, you generally have two years from the date of death to file suit. Some claims, particularly those involving government entities or specific criminal conduct, may have different timelines or additional notice requirements. Because courts enforce these deadlines strictly, it is important to speak with a lawyer as soon as you reasonably can.

Who is allowed to file a wrongful death claim in Littleton?

Colorado’s rules depend on timing and family relationships. In the first year after death, the surviving spouse has the exclusive right to file, although they can allow heirs to join. In the second year, the spouse, eligible heirs, or both together may file. If there is no spouse or children, parents or, in some situations, siblings and their heirs may have standing.

What compensation can a family recover in a wrongful death case?

Recoverable damages usually include economic losses such as final medical bills, funeral expenses, lost income, and lost household services, as well as non-economic losses for grief, emotional distress, and loss of companionship.

Will my family have to go to trial?

Many wrongful death cases resolve through negotiation or mediation once liability is clear 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 be presented to a jury, an approach that strengthens our 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.

Free Case Review






    Littleton
    Personal Injury Practice Areas

    Content Reviewed By

    Jon Boesen Personal Injury Attorney in Denver Colorado
    Attorney Jon C. Boesen is the founder of Boesen Law, LLC. Mr. Boesen has 30 years of experience and practices...