Colorado Wrongful Death Attorney
Losing a loved one is one of life’s most devastating experiences. When that loss results from another person’s negligence, recklessness, or wrongful conduct, the pain is compounded by the knowledge that the death was preventable. If you’ve lost a family member due to someone else’s actions in Colorado, you’re facing not only profound grief but also difficult decisions about your family’s future, mounting expenses, and the overwhelming question of where to turn for help.
At Eddington Law, our Colorado wrongful death attorneys understand the immense challenges you’re facing during this heartbreaking time. For more than 35 years, we have stood beside Colorado families in their darkest hours, providing compassionate legal guidance while aggressively pursuing justice and compensation. We recognize that no amount of money can replace your loved one or ease your pain, but holding negligent parties accountable can provide a sense of justice and the financial security your family needs to move forward.
Our attorneys handle every aspect of your wrongful death claim with sensitivity and professionalism, allowing you to focus on grieving and supporting your family. We work on a contingency fee basis, meaning you pay nothing unless we successfully recover compensation for your family. During this difficult time, the last thing you should worry about is legal fees.
What Constitutes Wrongful Death in Colorado?
Under Colorado law, a wrongful death occurs when a person’s death is caused by the wrongful act, neglect, or default of another person or entity. This legal definition encompasses a wide range of situations where negligence, recklessness, or intentional misconduct leads to a fatal outcome.
Colorado’s wrongful death statute (C.R.S. § 13-21-201) allows certain family members to bring a civil lawsuit seeking compensation when their loved one dies due to circumstances that would have allowed the deceased to file a personal injury lawsuit if they had survived. Essentially, if the victim would have had a valid claim for their injuries, their family members may have a valid wrongful death claim.
The key element in any wrongful death case is establishing that the death was caused by another party’s wrongful actions. This requires proving that the responsible party owed a duty of care to the deceased, breached that duty through negligent or wrongful conduct, and that this breach directly caused the death.
Common situations that may give rise to wrongful death claims in Colorado include fatal car accidents caused by drunk, distracted, or reckless drivers; medical malpractice resulting in a patient’s death; dangerous premises conditions leading to fatal injuries; workplace accidents caused by safety violations; defective products that cause fatal injuries; nursing home abuse or neglect; and criminal acts resulting in death.
Common Causes of Wrongful Death in Colorado
Wrongful deaths occur across Colorado in various tragic circumstances. Understanding the common causes can help families recognize when they may have grounds for a claim.
Motor Vehicle Accidents
Traffic accidents remain the leading cause of wrongful death in Colorado. These fatalities often result from drunk driving, distracted driving (texting while driving, talking on the phone), speeding and reckless driving, running red lights or stop signs, failure to yield right-of-way, drowsy driving, and driving under the influence of drugs. Colorado’s mountain roads and winter conditions can make these accidents particularly devastating.
When a family member is killed in a car, truck, motorcycle, bicycle, or pedestrian accident, the surviving family may have a wrongful death claim against the at-fault driver and potentially other parties such as a bar that over-served a drunk driver or an employer whose negligent hiring practices put a dangerous driver on the road.
Ski and Snowboard Accidents
Colorado is home to some of the nation’s premier ski resorts, but serious accidents on the slopes can and do result in fatalities. While Colorado’s Ski Safety Act limits liability in some situations, ski resorts and other skiers can still be held accountable when their negligence causes death.
Wrongful death claims related to skiing and snowboarding may involve ski resort negligence (inadequate signage or warnings, poorly maintained slopes or equipment, failure to close dangerous terrain), collisions with other skiers or snowboarders who violated safety rules, defective ski equipment, avalanche deaths where adequate warnings weren’t provided, and ski lift accidents.
Our firm has extensive experience representing families in ski accident wrongful death cases throughout Colorado’s mountain communities, including Steamboat Springs, Vail, Aspen, and Breckenridge.
Medical Malpractice
Medical errors are a leading cause of death in the United States, and Colorado is no exception. When healthcare providers fail to meet the accepted standard of care, the results can be fatal. Medical malpractice wrongful death cases may involve surgical errors, misdiagnosis or delayed diagnosis of serious conditions like cancer or heart disease, medication errors, anesthesia mistakes, birth injuries resulting in infant or maternal death, failure to monitor patients properly, and hospital-acquired infections due to unsanitary conditions.
These cases are complex and require expert testimony to establish that the medical provider breached the standard of care. Eddington Law works with qualified medical experts to build strong cases for families who have lost loved ones to preventable medical errors.
Workplace Accidents
Colorado workers in construction, manufacturing, agriculture, oil and gas, and other industries face significant safety risks. When employers or third parties fail to maintain safe working conditions, fatal accidents can occur through construction site accidents (falls, electrocutions, being struck by objects), industrial accidents, oil and gas field accidents, equipment malfunctions, exposure to toxic substances, and confined space accidents.
While Colorado’s workers’ compensation system provides some benefits to surviving family members, you may also have a wrongful death claim against third parties whose negligence contributed to the death. These claims can provide substantially greater compensation than workers’ compensation alone.
Premises Liability
Property owners in Colorado have a legal duty to maintain reasonably safe premises for visitors. When dangerous conditions lead to fatal accidents, the property owner may be held liable. Premises liability wrongful death cases can involve slip and fall accidents, inadequate security leading to assault or murder, swimming pool drownings, fires caused by code violations or negligent maintenance, structural failures, and dog attacks.
Whether the death occurred at a business, apartment complex, private home, or public property, our attorneys can investigate whether negligent property maintenance or inadequate safety measures contributed to your loved one’s death.
Product Defects
Defective products claim thousands of lives each year nationwide. When a product’s design flaw, manufacturing defect, or inadequate warnings lead to death, families may have wrongful death claims against manufacturers, distributors, and sellers. Product liability wrongful death cases may involve defective vehicles or auto parts, dangerous pharmaceutical drugs, defective medical devices, unsafe children’s products, faulty machinery or tools, and defective household products.
These cases often involve multiple defendants across the supply chain and require extensive investigation and expert analysis.
Nursing Home Abuse and Neglect
Colorado’s elderly residents deserve proper care and respect in nursing homes and assisted living facilities. Tragically, abuse and neglect in these facilities can lead to preventable deaths through malnutrition and dehydration, untreated medical conditions, medication errors, bedsores (pressure ulcers) leading to fatal infections, falls due to inadequate supervision, and physical or emotional abuse.
If your loved one died in a nursing home under suspicious circumstances, our attorneys can investigate whether neglect or abuse contributed to the death.
Who Can File a Wrongful Death Claim in Colorado?
Colorado law specifies who has the legal right to bring a wrongful death lawsuit. Understanding these rules is important because only certain individuals have “standing” to file a claim.
The Two-Year Waiting Period
Colorado’s wrongful death statute creates a unique two-tiered system based on timing:
During the First Year: Only the deceased person’s spouse can file a wrongful death lawsuit during the first year after the death. If there is no surviving spouse, the deceased’s children have the right to file during this period.
After One Year: If no lawsuit has been filed after one year from the date of death, the right to file expands to include the deceased’s parents, siblings, or the personal representative of the estate.
This structure is designed to give priority to the closest family members, recognizing that they are typically most affected by the loss.
Surviving Spouse
The surviving spouse has the first and primary right to bring a wrongful death claim in Colorado. This applies to legally married spouses, including same-sex spouses following the legalization of same-sex marriage. Common-law spouses recognized under Colorado law may also have standing.
Children
If there is no surviving spouse, or after one year has passed, the deceased’s children can bring a wrongful death claim. This includes both minor and adult children, as well as legally adopted children.
Parents
After one year, if no spouse or children have filed a claim, the deceased’s parents may file. This is particularly relevant in cases where an unmarried person without children dies.
Designated Beneficiary Under Civil Union
Colorado recognizes civil unions, and a partner in a civil union has rights similar to a spouse for purposes of wrongful death claims.
Personal Representative
After one year, if no family members have filed a claim, the personal representative of the deceased’s estate may bring the wrongful death action on behalf of statutory beneficiaries.
It’s important to note that only one wrongful death lawsuit may be filed for each death. If multiple family members qualify, they must coordinate their claim or designate one person to file on behalf of all eligible parties.
Damages Available in Colorado Wrongful Death Cases
While no amount of money can truly compensate for the loss of a loved one, Colorado law recognizes that surviving family members suffer both economic and non-economic losses that deserve compensation.
Economic Damages
Economic damages compensate for the financial losses resulting from the death:
Medical and Funeral Expenses: The family can recover the cost of medical treatment the deceased received before death, as well as funeral, burial, or cremation expenses.
Loss of Financial Support: This includes the income and benefits the deceased would have provided to the family over their expected working life, including salary, bonuses, retirement benefits, health insurance, and other employment benefits.
Loss of Inheritance: Compensation for the assets the deceased would have accumulated and passed to heirs if they had lived a normal lifespan.
Loss of Household Services: The value of services the deceased provided to the household, such as childcare, home maintenance, cooking, and other domestic contributions.
Economic damages are typically calculated by economists who project the deceased’s likely earnings and contributions over their expected lifetime, taking into account factors like age, occupation, earning potential, and work-life expectancy.
Non-Economic Damages
Non-economic damages address the intangible losses that profoundly affect surviving family members:
Loss of Companionship: Compensation for the loss of the deceased’s love, companionship, comfort, care, assistance, protection, affection, and moral support.
Loss of Consortium: For spouses, this specifically addresses the loss of the marital relationship, including intimacy and partnership.
Pain and Suffering: In some cases, compensation for the emotional distress and suffering the surviving family members endure.
Loss of Guidance and Counsel: Particularly relevant in cases involving parents, this addresses the value of parental guidance, advice, and nurturing that minor children will miss.
Colorado does not cap non-economic damages in most wrongful death cases, unlike personal injury cases where caps may apply. This recognition allows juries to fully compensate families for their profound emotional losses.
Punitive Damages
In cases involving particularly egregious conduct—such as drunk driving, intentional wrongdoing, or gross negligence—Colorado law allows for punitive damages. These damages are designed to punish the wrongdoer and deter similar conduct in the future, rather than to compensate the family.
Punitive damages may be awarded when the defendant’s actions showed a reckless disregard for human life or were motivated by fraud or malice. However, these damages are subject to caps under Colorado law in most cases.
Survival Action Damages
Separate from wrongful death damages, Colorado law allows for what’s called a “survival action.” This claim belongs to the deceased’s estate and seeks compensation for losses the deceased person experienced between the time of injury and death.
Survival action damages may include the deceased’s medical expenses, pain and suffering before death, lost wages from the time of injury to death, and property damage.
These damages are typically claimed by the personal representative of the estate and become part of the estate to be distributed according to the deceased’s will or Colorado’s intestacy laws.
The Wrongful Death Claims Process in Colorado
Understanding the wrongful death claims process can help families know what to expect as they seek justice for their loved one.
Initial Consultation and Case Evaluation
The process begins with a consultation with our wrongful death attorneys. During this meeting, we’ll discuss the circumstances of your loved one’s death, review any documentation you have, identify potential responsible parties, explain your legal rights and options, and answer your questions about the process.
This consultation is completely free and confidential. We understand this is an incredibly difficult time, and we handle these meetings with the sensitivity and compassion your family deserves.
Investigation and Evidence Gathering
If you decide to pursue a claim, our attorneys will conduct a comprehensive investigation. This typically includes obtaining and reviewing police reports, accident reports, and official records; collecting medical records and autopsy reports; interviewing witnesses; consulting with experts (accident reconstructionists, medical experts, economists); examining physical evidence; reviewing employment records and financial documents; and photographing or videoing accident scenes.
In medical malpractice cases, we work with medical experts who review records and provide opinions on whether the standard of care was breached. In traffic accidents, we may work with accident reconstruction experts to determine exactly how the accident occurred.
Filing the Lawsuit
Once we have gathered sufficient evidence, we will file a wrongful death lawsuit in the appropriate Colorado court. The lawsuit formally names the defendants (the parties we believe are responsible for the death) and details the legal basis for the claim, facts supporting liability, and damages being sought.
Colorado has specific rules about which court has jurisdiction based on where the death occurred, where the defendant resides, or where the wrongful act took place. Our attorneys ensure the case is filed in the proper venue.
Discovery Process
After the lawsuit is filed, both sides engage in “discovery”—a formal process of exchanging information. Discovery tools include written interrogatories (questions that must be answered under oath), requests for production of documents, depositions (oral testimony given under oath), requests for admission, and expert witness disclosures.
Discovery can take several months to a year or more, depending on the complexity of the case. Our attorneys aggressively pursue all relevant evidence while protecting your family’s privacy and interests.
Settlement Negotiations
Most wrongful death cases settle before trial. Settlement negotiations may occur at any point in the process but often intensify after discovery is complete and both sides understand the strengths and weaknesses of their positions.
Our attorneys are skilled negotiators who understand the true value of wrongful death cases. We will never recommend accepting a settlement that doesn’t adequately compensate your family for your losses. However, settlement can provide faster resolution and guaranteed compensation without the uncertainty of trial.
Trial
If settlement negotiations don’t produce a fair offer, we are fully prepared to take your case to trial. At trial, both sides present evidence to a jury through witness testimony, expert testimony, exhibits and documents, and opening statements and closing arguments.
The jury then deliberates and returns a verdict determining whether the defendant is liable and, if so, what damages should be awarded. Our trial attorneys have extensive courtroom experience and the skills necessary to effectively present your case to a jury.
Appeals
Either side may appeal the jury’s verdict on legal grounds. If the defendant appeals, we will vigorously defend the verdict. If the verdict is unfavorable and legal grounds exist, we may recommend filing an appeal.
Throughout this entire process, our attorneys handle all legal complexities while keeping you informed and involved in major decisions. We understand that this is about more than a legal case—it’s about justice for your loved one and securing your family’s future.
Colorado's Statute of Limitations for Wrongful Death Cases
Time is critical in wrongful death cases. Colorado law imposes strict deadlines for filing wrongful death lawsuits, and missing these deadlines can permanently bar your claim.
The Two-Year Deadline
In most cases, Colorado law requires that wrongful death lawsuits be filed within two years from the date of death. This deadline is absolute—if you don’t file within two years, you lose the right to pursue compensation, regardless of how strong your case might be.
The two-year period generally begins on the date of death, not the date of the incident that caused the death. For example, if your loved one was injured in an accident on January 1, 2024, but didn’t die until March 1, 2024, the two-year deadline would run from March 1, 2024.
Exceptions and Special Circumstances
Like most legal rules, Colorado’s statute of limitations has some exceptions:
Discovery Rule: In rare cases where the cause of death isn’t immediately apparent, the statute of limitations may be extended. However, this exception is narrowly applied and requires showing that the family could not have reasonably discovered the wrongful cause of death within the two-year period.
Minor Children: If the wrongful death claim belongs to a minor child, special tolling provisions may apply, potentially extending the deadline until the child reaches the age of majority.
Government Defendants: If a government entity or employee is responsible for the death, much shorter notice deadlines apply. The Colorado Governmental Immunity Act requires that notice of the claim be filed within 180 days of the incident. Failure to meet this deadline can bar your claim entirely.
Medical Malpractice: While the general two-year statute applies, medical malpractice wrongful death cases may have different discovery rules and require compliance with additional pre-lawsuit requirements.
Why You Shouldn’t Wait
- Evidence deteriorates and disappears over time
- Witnesses’ memories fade
- Security camera footage is often erased after weeks or months
- Important documents may be destroyed
- Investigation takes time
- Proving the case requires extensive preparation
Additionally, the sooner you have legal representation, the sooner we can protect your rights and prevent insurance companies or defendants from taking advantage of your grieving state.
Common Challenges in Colorado Wrongful Death Cases
Wrongful death cases present unique challenges that require experienced legal representation to overcome.
Proving Liability
One of the biggest challenges is proving that the defendant’s negligence or wrongful conduct caused the death. This requires showing that the defendant owed a duty of care, breached that duty, the breach directly caused the death, and the death resulted in compensable damages.
Defendants and their insurance companies will often dispute liability, argue that other factors caused the death, or claim that the deceased was partially or entirely at fault. Our attorneys work with experts to build compelling evidence of liability.
Calculating Future Losses
Properly valuing a wrongful death claim requires projecting what the deceased would have earned and contributed over their lifetime. This involves complex economic calculations considering inflation, wage growth, benefits, and other factors.
Defense attorneys often try to minimize these projections. We work with forensic economists who provide detailed, credible analyses of your family’s economic losses.
Comparative Negligence
Colorado follows a modified comparative negligence rule. If the deceased person was partially at fault for the accident, the family’s compensation can be reduced by the deceased’s percentage of fault. If the deceased was 50% or more at fault, the family may recover nothing.
Defense lawyers often try to shift blame to the deceased to reduce their liability. Our attorneys build evidence showing the defendant’s primary responsibility for the death.
Insurance Policy Limits
Even when liability is clear, recovery may be limited by the defendant’s insurance policy limits or assets. If the defendant has minimal insurance or assets, full compensation may not be available.
We identify all potential sources of recovery, including multiple insurance policies, corporate assets, and other defendants who share liability.
Workplace Wrongful Death
When someone dies in a work-related accident, Colorado’s workers’ compensation system provides some benefits to the family. However, you may also have a wrongful death claim against third parties (contractors, equipment manufacturers, etc.) responsible for the death. These claims can provide substantially greater compensation than workers’ compensation alone.
Wrongful Death Involving Government Entities
Cases involving city, county, state, or federal government entities require strict adherence to special notice requirements and shorter deadlines. These cases have unique procedural hurdles and often involve governmental immunity issues that can complicate liability.
Why Choose Eddington Law for Your Colorado Wrongful Death Case?
Choosing the right attorney for your wrongful death case is one of the most important decisions you’ll make during this difficult time. Here’s why Colorado families trust Eddington Law:
Over 35 Years of Experience
Since 1984, we have represented Colorado families in their most difficult times. Our decades of experience mean we understand Colorado law, Colorado courts, and what it takes to win wrongful death cases.
Compassionate, Family-Focused Approach
We recognize that you’re not just a case number—you’re a family in pain. We treat every client with the compassion, respect, and dignity they deserve. We take time to understand your loved one’s life and the impact their loss has on your family.
Aggressive Advocacy
While we’re compassionate with our clients, we’re aggressive in pursuing justice. We thoroughly investigate every case, build compelling evidence, and fight tirelessly against insurance companies and defendants who try to minimize your compensation.
Trial-Ready Approach
Insurance companies know which law firms will settle cheaply and which will take cases to trial if necessary. Our reputation as trial-ready attorneys often motivates better settlement offers because defendants know we’re prepared to go to court.
No Upfront Costs
We handle wrongful death cases on a contingency fee basis. You pay no attorney fees unless we successfully recover compensation for your family. We advance all case costs, so financial concerns never prevent you from pursuing justice.
Statewide Representation
With offices in Denver, Steamboat Springs, and Phoenix, we serve families throughout Colorado. Whether your loved one died in a metro area, mountain community, or rural town, we’re here to help.
Personalized Attention
When you work with Eddington Law, you work directly with experienced attorneys, not paralegals or case managers. We keep you informed throughout the process and are available to answer your questions.
Proven Results
Our track record speaks for itself. We’ve recovered millions of dollars for Colorado families in wrongful death cases, helping them find justice and financial security after devastating losses.
Frequently Asked Questions About Colorado Wrongful Death Cases
How much is my wrongful death case worth?
Every case is unique, and the value depends on many factors including the deceased’s age, earning capacity, and role in the family; the circumstances of the death; the strength of evidence proving liability; available insurance coverage; and the impact on surviving family members. During your consultation, we can discuss the specific factors affecting your case’s potential value.
How long does a wrongful death case take?
The timeline varies significantly. Some cases settle within months, while others take years, especially if they go to trial. Complex cases with multiple defendants or disputed liability generally take longer. We work efficiently while ensuring we build the strongest possible case for your family.
What if we can’t afford an attorney?
You can afford our representation. We work on contingency, meaning you pay no attorney fees unless we win your case. All case costs are advanced by our firm and reimbursed from any recovery. Your consultation is completely free.
Can we file a wrongful death claim if there’s a criminal case?
Yes. Criminal cases and civil wrongful death cases are separate. A criminal conviction can help prove liability in your civil case, but you can file a wrongful death lawsuit regardless of whether criminal charges are filed or what the outcome of a criminal case is. The burden of proof is lower in civil cases (“preponderance of the evidence”) than in criminal cases (“beyond a reasonable doubt”).
What if our loved one didn’t have any income?
Wrongful death compensation isn’t limited to lost income. Non-economic damages like loss of companionship and guidance can be substantial. Additionally, even if someone wasn’t employed, they may have provided valuable household services, childcare, or other contributions that have economic value.
Do we have to go to trial?
Not necessarily. Most wrongful death cases settle before trial. However, we prepare every case as if it will go to trial, which often results in better settlement offers. We’ll never pressure you to accept a settlement—the decision is always yours.
What if the person responsible doesn’t have insurance or assets?
We explore all potential sources of recovery, including the defendant’s insurance policies, your own insurance policies (underinsured motorist coverage), other potentially liable parties, and business or corporate assets. In some cases, recovery may be limited, but we work to maximize compensation from all available sources.
Can we sue if our loved one was partially at fault?
Yes, under Colorado’s comparative negligence rule, you can still recover compensation if your loved one was less than 50% at fault. However, your compensation will be reduced by your loved one’s percentage of fault.
Take the First Step Toward Justice
If you’ve lost a loved one due to someone else’s negligence or wrongful conduct in Colorado, you don’t have to face this difficult time alone. Eddington Law is here to provide the compassionate support and aggressive advocacy your family needs.
We understand that no legal outcome can bring back your loved one. But holding negligent parties accountable can provide a sense of justice and the financial security your family needs to move forward. Your loved one’s memory deserves to be honored with a fight for what’s right.
Time is critical in wrongful death cases. Colorado’s statute of limitations and other deadlines mean that delays can jeopardize your rights. Contact us today for a free, confidential consultation.
Our Colorado wrongful death attorneys serve families throughout the state, including:
- Denver
- Steamboat Springs
- Colorado Springs
- Fort Collins
- Boulder
- Aurora
- Vail
- Aspen
- Breckenridge
- Grand Junction
- Pueblo
- And all surrounding communities
Contact Eddington Law today:
- Call (702) 903-4998 (available 24/7 for emergencies)
- Visit eddington.law
- Stop by our Denver or Steamboat Springs office
You don’t pay unless we win. Let our experienced Colorado wrongful death attorneys fight for the justice and compensation your family deserves.
Eddington Law – Compassionately Serving Colorado Families Since 1984