What Colorado defines as wrongful death

Under Colorado Revised Statute §13-21-202, wrongful death is defined as the death of a person caused by a wrongful act or neglect of another person or corporation. This means that if your loved one’s death was caused by someone else’s reckless, negligent, or intentional actions, it may be considered a wrongful death.

Who can file a wrongful death claim in Colorado?

Colorado has special state laws regarding who can file a wrongful death claim. These laws not only specify who can file a claim against the at-fault parties but also when they can file. Here’s what you need to know: The surviving spouse of the deceased person may file a wrongful death claim in the first two years from the date of the person’s death The surviving children of the deceased person may file a wrongful death claim only in the second year after their parent’s death, even if the surviving spouse didn’t file an action The surviving parents of the deceased person may file a wrongful death claim in the first two years after their child’s death The representative of the deceased person’s estate may file a “survival action,” which can recover certain types of damages for the estate that aren’t recoverable through a wrongful death action It’s very important to act quickly after your loved one’s death to make certain they get the justice they deserve and you get the compensation you need.

Wrongful death claims have special deadlines. Make sure you file on time

Most wrongful death cases in Colorado are subject to a two-year statute of limitations. This means you must file your claim within two years of the date of your loved one’s passing, or you’ll be unable to recover damages. An exception applies to cases involving vehicular homicide where the at-fault driver fled the scene of the accident, which has a four-year deadline. If you’re considering filing a wrongful death claim, it’s important to talk to an experienced Denver personal injury attorney as soon as possible about your case. Your attorney will need ample time to investigate the accident and build a strong case on your behalf, so don’t wait until the statute of limitations is close to expiring before you reach out for help.

Potential damages you could claim

We lose so much when we lose a person that we love. But while most people are overcome with grief because of their lost dreams and their lost futures, it’s important to keep in mind the wide range of damages that occur when someone is taken from our lives unfairly and unexpectedly. ECONOMIC DAMAGES Some of the damages that you can seek in a wrongful death lawsuit include funeral and burial costs, medical bills from any hospital stays before the death, and loss of the deceased’s expected future income. These damages fall into what is known as economic damages and can help ease the financial burden of your loved one’s death. NON-ECONOMIC DAMAGES The greatest losses in a wrongful death claim are often non-economic in nature, such as the loss of companionship, emotional pain and suffering, and mental anguish. Though these losses cannot be easily quantified, an experienced wrongful death attorney can help you accurately estimate the value of such damages.

Who may be liable in your Denver wrongful death case

Wrongful death claims are based on the concept of liability. That is, someone must be legally responsible for the death of your loved one in order for you to seek compensation from them. Depending on the facts of the case, there could be more than one party liable. AT-FAULT DRIVERS Motor vehicle accidents are among the most common causes of wrongful death. If your loved one was killed in an auto accident, a reckless or negligent driver may be liable for their death. MEDICAL PROVIDERS Medical providers such as doctors, nurses, and hospitals may be held liable in cases where their negligence resulted in the death of a patient. This might include errors during surgery, misdiagnosis, or failure to properly treat an illness. CRIMINAL OFFENDERS In cases where a criminal act resulted in the death of your loved one, the offender may be liable for wrongful death damages. This type of case is separate from any criminal charges brought against the offender and is handled in civil court. DEFECTIVE OR DANGEROUS PRODUCT MANUFACTURERS Product manufacturers have a responsibility to ensure that their products are reasonably safe for use. If a defective product caused your loved one’s death, the manufacturer may be liable for negligence.

How wrongful death settlements are paid out

If your wrongful death claim is successful, the settlement proceeds will be divided between the surviving family in a predetermined manner. Even if only one party, such as a spouse, files the wrongful death claim, the settlement may still be subject to division according to state law. This means that certain family members may be entitled to a share of the settlement, even if they weren’t involved in filing the claim. Proceeds are most commonly divided when the deceased has both a surviving spouse and surviving children. The exact manner of division is based on Colorado’s inheritance laws. In some cases, such as when the deceased has children but no spouse, or parents but no spouse or children, the wrongful death settlement will be paid out entirely to those parties.

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Q: Difference between a wrongful death claim and a survival action in Colorado

Colorado divides wrongful death cases into two categories: the wrongful death claim itself and the survival action. The purpose of the wrongful death claim is to address the losses – financial, emotional, and otherwise – of the surviving family members. Losses included in the wrongful death claim include: Funeral and burial expenses Medical bills incurred between the injury and death Emotional anguish Pain and suffering Loss of wages Loss of services on which the family depends (picking up children from school, etc.) Survival actions, on the other hand, account for the victim’s losses that they incurred after the injury and before their death. Losses included in the survival action include: Medical bills Property damages

Denver Wrongful Death Attorney Near Me - 1610 Wynkoop Street Suite 12

Losing a loved one is devastating. When that loss happens because of someone else’s negligence or wrongful actions, the pain becomes even harder to bear. Families face not only emotional trauma but also mounting medical bills, funeral expenses, and lost income. A Denver wrongful death lawyer from Zaner Law understands what you’re going through. We help families hold responsible parties accountable and recover the compensation they deserve. If you’ve lost someone in Denver or Colorado, we’re here to guide you through this difficult time and fight for your family’s future.

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Why Choose Zaner Law Personal Injury Lawyers for Your Wrongful Death Claim

What Colorado defines as wrongful death - Zaner Law Personal Injury Lawyers - Wrongful Death Lawyers in Denver Near You

At Zaner Law Personal Injury Lawyers, we’ve spent years helping families navigate wrongful death cases in Colorado. Our team brings deep experience in Colorado personal injury law and a genuine commitment to our clients. We understand that every case is unique, and we treat each family with the compassion and attention they deserve. We work on a contingency fee basis, which means you pay nothing unless we recover compensation for you. Our approach focuses on building strong cases backed by evidence, expert testimony, and thorough investigation. We’ve recovered substantial settlements and verdicts for families across Denver and Colorado, and we bring that same dedication to every case we handle. Learn more about our case results and client outcomes.

What Is Wrongful Death in Colorado?

Wrongful death occurs when someone dies as a result of another person’s negligence, recklessness, or intentional wrongful act. Unlike a personal injury case where the injured person can represent themselves, a wrongful death claim is brought by family members or designated beneficiaries on behalf of the deceased. In Colorado, wrongful death law recognizes that families suffer real damages when they lose a loved one—not just financial losses, but emotional and relational losses as well.

It’s important to understand the difference between a wrongful death claim and a survival action. A wrongful death claim addresses the losses experienced by surviving family members—things like lost companionship, emotional trauma, and lost financial support. A survival action, by contrast, covers damages the deceased would have experienced before death, such as medical expenses and pain and suffering during the final illness or injury. Both types of claims can be pursued in Colorado, and an experienced wrongful death attorney can help you understand which applies to your situation.

Who Can File a Wrongful Death Claim in Denver?

Colorado law limits who can file a wrongful death claim. This is called “standing,” and it exists to ensure that only those with a direct legal interest can pursue the case. Here’s how it works:

During the first year after death: Only the surviving spouse can file a wrongful death claim.

During the second year after death: The surviving spouse, children, or other next of kin (as determined by intestacy succession) can file a claim.

If the deceased was unmarried and had no children: Parents generally have the right to file immediately (in the first year). You do not have to wait for the ‘Spousal Priority’ year to pass if there is no spouse to claim that right.

These time-based restrictions exist under Colorado law to give the spouse priority during the initial grieving period. After one year, the law recognizes that other family members also have legitimate claims. If you’re unsure whether you have standing to file a claim, our Denver wrongful death lawyers can review your situation and explain your options.

Types of Damages You Can Recover

Wrongful death damages fall into several categories, and understanding what you can recover helps you grasp the full value of your claim.

Economic Damages include measurable financial losses:

Medical bills related to the injury that caused death
Funeral and burial expenses
Lost wages and benefits the deceased would have earned
Lost inheritance or financial support
Property damage

Non-Economic Damages address the emotional and relational impact:

Loss of companionship and consortium
Emotional trauma and grief
Loss of parental guidance (if a parent dies)
Loss of spousal support and care
Pain and suffering experienced by the deceased before death

Punitive or Exemplary Damages may be available in cases involving gross negligence, recklessness, or intentional misconduct. These damages punish the wrongdoer and deter similar conduct in the future. Colorado does cap punitive damages at an amount equal to compensatory damages awarded, though courts may increase this to three times the compensatory damages amount with clear findings of aggravated conduct.

IMPORTANT LIMITATION – HB24-1472 Damages Cap: Colorado law (effective January 1, 2025) imposes a statutory cap on wrongful death damages of $2.125 million. This cap applies to non-economic damages and is adjusted every two years beginning January 1, 2028. This limitation may significantly affect the total compensation your family can recover. An experienced wrongful death lawyer can explain how this cap applies to your specific case.

The total compensation your family can recover depends on factors like the deceased’s age, earning capacity, health, and the nature of your relationship. An experienced attorney evaluates all these factors to build a comprehensive claim.

Colorado Wrongful Death Statute of Limitations

Time is critical in wrongful death cases. Colorado law sets strict deadlines for filing claims, and missing these deadlines can cost you the right to recover compensation.

Standard Timeline: 2 Years from Date of Death

Under Colorado Revised Statutes § 13-80-102, you generally have two years from the date of death to file a wrongful death claim. This deadline applies to most cases, including car accidents. Warning: While a standard car accident injury claim allows 3 years to file, a car accident wrongful death claim strictly limits you to 2 years. Do not confuse these two timelines. truck accidents, workplace injuries, and medical malpractice. Once this two-year window closes, you lose the right to pursue the claim, regardless of the circumstances.

Special Circumstances and Exceptions

Colorado law recognizes special circumstances that may affect the statute of limitations timeline. If the person responsible for the fatal accident fled the scene (hit-and-run), consult with an attorney immediately, as different rules may apply to your case. Additionally, tolling provisions may extend the deadline for minors or other special circumstances. An experienced wrongful death attorney can review your specific situation to determine the applicable deadline.

These deadlines are absolute. Colorado courts will not extend them except in rare circumstances. If you’ve lost a loved one, contacting a Denver wrongful death lawyer immediately protects your rights and ensures you meet all legal deadlines.

Common Causes of Wrongful Death in Denver

Wrongful deaths in Denver and Colorado result from many different types of accidents and incidents. Understanding the common causes helps you recognize whether you may have a claim.

Auto Accidents remain a significant cause of wrongful death in Denver. Distracted driving, speeding, drunk driving, and reckless behavior behind the wheel claim lives every year. If a negligent driver caused your loved one’s death, you may have a Denver car accident wrongful death claim. Learn more about how car accident claims work.

Truck Accidents involving commercial vehicles often result in fatal injuries due to the size and weight of these vehicles. Truck driver fatigue, improper maintenance, and violations of federal trucking regulations contribute to many fatal crashes. Denver truck accident cases require specialized knowledge of commercial vehicle regulations and federal trucking safety standards.

Motorcycle Accidents frequently result in fatal injuries because riders lack the protection of an enclosed vehicle. Negligent drivers who fail to see motorcyclists or who cause collisions can be held liable for wrongful death. Denver motorcycle accident claims require understanding of how these accidents occur and the unique vulnerabilities of motorcycle riders.

Workplace Accidents can result in wrongful death when employers fail to maintain safe conditions or when third parties cause fatal injuries at work sites. Construction accidents, equipment failures, and unsafe practices contribute to workplace fatalities. These cases may involve OSHA violations and workers’ compensation considerations.

Medical Malpractice occurs when healthcare providers fail to meet the standard of care, resulting in a patient’s death. Misdiagnosis, surgical errors, medication mistakes, and failure to treat can all constitute Denver medical malpractice. These complex cases require expert medical testimony to establish the standard of care.

Premises Liability cases involve fatal injuries that occur on someone else’s property due to unsafe conditions. Inadequate security, poor maintenance, or failure to warn of hazards can lead to Denver premises liability wrongful death claims. Property owners have a legal duty to maintain safe premises.

Pedestrian and Bicycle Accidents claim lives when drivers fail to yield, drive recklessly, or ignore traffic laws. These vulnerable road users face serious injury and death when struck by vehicles. Denver pedestrian accident cases often involve clear negligence by drivers.

How Wrongful Death Cases Work

Understanding the process helps you know what to expect as your case moves forward. While every case is unique, most wrongful death claims follow a similar path.

Initial Consultation and Case Evaluation: You meet with a wrongful death attorney who listens to your story, reviews the circumstances of the death, and evaluates whether you have a viable claim. The attorney explains your rights, the legal process, and what compensation might be available. This consultation is free and confidential.

Investigation and Evidence Gathering: Your attorney’s team investigates the incident thoroughly. This includes obtaining police reports, medical records, witness statements, and expert analysis. In auto accident cases, accident reconstruction experts may be needed. In medical malpractice cases, medical experts review the care provided.

Demand Letter and Negotiation: Once investigation is complete, your attorney prepares a demand letter outlining the facts, the defendant’s liability, and the damages your family has suffered. This letter is sent to the defendant’s insurance company or attorney, initiating settlement negotiations.

Settlement Discussions: Many wrongful death cases settle during this phase. Your attorney negotiates on your behalf, working to secure fair compensation without the need for trial. Settlement allows your family to recover damages more quickly and with less stress.

Trial Preparation: If settlement negotiations don’t result in a fair offer, your attorney prepares the case for trial. This includes organizing evidence, preparing witnesses, and developing trial strategy. Your attorney presents your case to a jury, which decides liability and damages.

Discovery Process: Throughout the case, both sides exchange information and documents. Depositions may be taken where witnesses and parties answer questions under oath. This process helps both sides understand the strength of the case.

Timeline Expectations: Most wrongful death cases take one to four years from filing to resolution. Simple cases with clear liability may settle within a year. Complex cases involving multiple parties or disputed liability may take longer. Your attorney can give you a more specific timeline based on your case’s circumstances.

Proving Negligence in a Wrongful Death Claim

To succeed in a wrongful death case, you must prove that the defendant’s negligence caused your loved one’s death. This requires establishing four key elements:

Duty: The defendant owed a legal duty to your loved one. For example, drivers owe other road users a duty to drive safely. Property owners owe visitors a duty to maintain safe premises. Healthcare providers owe patients a duty to provide competent care.

Breach: The defendant breached that duty through negligent, reckless, or wrongful conduct. A driver who texts while driving breaches the duty to drive safely. A property owner who fails to repair a dangerous condition breaches the duty to maintain safe premises.

Causation: The defendant’s breach directly caused your loved one’s death. This requires showing that “but for” the defendant’s conduct, your loved one would not have died. Medical causation may require expert testimony in some cases.

Damages: Your family suffered quantifiable damages as a result of the death. These include economic losses like funeral expenses and lost income, as well as non-economic losses like loss of companionship.

Colorado’s Modified Comparative Negligence Rule: Colorado allows recovery even if your loved one was partially at fault, as long as they were less than 50% responsible for the incident. If your loved one was 40% at fault and the defendant was 60% at fault, you can still recover—but your damages would be reduced by 40%. This rule recognizes that accidents often involve some degree of shared responsibility.

Evidence and Expert Witnesses: Proving each element requires strong evidence. Medical records, accident reports, witness testimony, and expert analysis all support your case. Accident reconstruction experts can explain how a crash occurred. Medical experts can establish causation in malpractice cases. Economic experts can calculate lost wages and future earnings. Learn more about how personal injury cases are evaluated.

Frequently Asked Questions About Wrongful Death Claims

What qualifies as wrongful death in Colorado?

Wrongful death occurs when someone dies as a result of another person’s negligence, recklessness, or intentional wrongful act. The death must be caused by conduct that would support a personal injury claim if the victim had survived. This includes deaths from auto accidents, workplace injuries, medical malpractice, premises liability, and many other scenarios.

How much compensation can my family receive?

The amount of compensation depends on many factors, including the deceased’s age, earning capacity, health, and the nature of your relationships. Economic damages like funeral expenses and lost wages are calculated based on actual financial losses. Non-economic damages like loss of companionship are more subjective and vary based on the circumstances. Colorado law imposes a statutory cap on wrongful death damages of $2.125 million (effective January 1, 2025), which may limit total recovery. An experienced wrongful death attorney evaluates all factors to determine the full value of your claim within applicable legal limits.

How long do I have to file a wrongful death claim?

You generally have two years from the date of death to file a wrongful death claim in Colorado under Colorado Revised Statutes § 13-80-102. Special circumstances may apply in certain cases (such as hit-and-run situations), so consult with an attorney immediately to protect your rights and ensure you meet all legal deadlines.

Can I file a wrongful death claim if the deceased was partially at fault?

Yes. Colorado’s modified comparative negligence rule allows you to recover even if your loved one was partially responsible for the incident, as long as they were less than 50% at fault. Your recovery would be reduced by their percentage of fault, but you can still pursue the claim.

What’s the difference between a wrongful death claim and a survival action?

A wrongful death claim addresses losses experienced by surviving family members—lost companionship, emotional trauma, and lost financial support. A survival action covers damages the deceased would have experienced before death, such as medical expenses and pain and suffering during the final illness or injury. Both types of claims can often be pursued together in Colorado.

Do I need an attorney to file a wrongful death claim?

While you’re not required to hire an attorney, wrongful death cases are complex and involve significant legal and factual issues. Insurance companies have experienced adjusters and attorneys working to minimize payouts. An experienced Denver wrongful death lawyer levels the playing field, investigates thoroughly, and negotiates aggressively on your behalf. Most wrongful death attorneys work on contingency, meaning you pay nothing unless they recover compensation for you.

How long does a wrongful death lawsuit take?

Most wrongful death cases take one to four years from filing to resolution. The timeline depends on factors like the complexity of the case, the number of parties involved, whether liability is disputed, and whether the case settles or goes to trial. Your attorney can provide a more specific estimate based on your case’s circumstances.

What evidence is needed to prove wrongful death?

Proving wrongful death requires various types of evidence: medical records documenting the injury and death, police reports and accident investigation findings, witness statements, expert analysis (accident reconstruction, medical causation, economic damages), photographs and video from the scene, and financial records showing economic losses. Your attorney gathers and organizes this evidence to build a compelling case.

Contact Zaner Law Personal Injury Lawyers for a Free Wrongful Death Consultation

If you’ve lost a loved one in Denver or Colorado due to someone else’s negligence, Zaner Law Personal Injury Lawyers is here to help. We offer free consultations where we listen to your story, answer your questions, and explain your legal options. There’s no obligation, and you won’t pay anything unless we recover compensation for you.

Call (720) 613-9706 today to schedule your free consultation. Our compassionate team understands what you’re going through, and we’re committed to helping your family get the justice and compensation you deserve. Don’t let the statute of limitations deadline pass—contact us now to protect your rights.