Losing a loved one is devastating. When that loss results from someone else’s negligence, carelessness, or wrongful act, the pain is compounded by anger, confusion, and questions about how this could have been prevented. While nothing can bring back someone you love, Colorado law allows surviving family members to seek justice and financial compensation through a wrongful death claim.
At Eddington Law, we understand that no amount of money can ease your grief or fill the void left by your loved one’s death. However, a wrongful death claim serves two critical purposes: holding the responsible party accountable for their actions and providing financial security for surviving family members who depended on the deceased for support, guidance, and companionship.
Our attorneys have over 35 years of experience representing families who have lost loved ones due to negligence in Denver and throughout Colorado. As a family-owned firm, we understand the profound impact of losing a family member. We treat your family with the compassion, sensitivity, and respect you deserve during this impossibly difficult time—while aggressively pursuing the justice and compensation your loved one’s memory demands.
We’re here to help you through this dark time and fight for what’s right.
Why Choose Eddington Law for Your Denver Wrongful Death Case?
Wrongful death cases require attorneys who combine legal expertise with genuine compassion for grieving families:
Over 35 Years of Compassionate Representation
Our attorneys have spent more than three decades representing families who have lost loved ones throughout Denver and Colorado. We understand the unique legal complexities of wrongful death claims, the evidence required to prove liability, and the full scope of damages families deserve.
More importantly, we’ve walked alongside grieving families through this process. We know that behind every wrongful death case is a family struggling with profound loss—and we never forget that.
Sensitivity During an Impossible Time
As a family-owned firm, we understand family dynamics, grief, and the challenges surviving family members face. We handle your case with the utmost sensitivity, never adding to your stress during this difficult period.
We’re patient with your questions, understanding about your emotional state, and flexible about meeting times and locations. Your comfort and well-being matter to us.
Thorough Investigation and Strong Advocacy
While we approach your family with compassion, we approach the responsible parties with aggressive advocacy. We conduct comprehensive investigations to establish exactly what happened, who was at fault, and how this tragedy could have been prevented.
We leave no stone unturned in building your case and hold all responsible parties accountable.
Understanding of Full Damages
Wrongful death damages extend far beyond funeral expenses. We work with economists, vocational experts, and other professionals to calculate the full value of what your family lost:
- Lifetime earning potential
- Household services
- Guidance and counsel
- Companionship and consortium
- Future contributions to family
- We ensure your claim reflects the true magnitude of your loss.
Experience with Complex Liable Parties
Wrongful death cases often involve complex defendants like hospitals, trucking companies, municipalities, or corporate entities with teams of lawyers. We have the resources and experience to take on these powerful defendants and hold them accountable.
No Fees Unless We Win
During this difficult time, you shouldn’t have to worry about legal fees. We work on contingency—you pay no attorney fees unless we successfully recover compensation for your family. This means you can pursue justice without financial risk.
Proven Track Record
While we can’t share specific case results without client permission, we’ve successfully represented numerous families in wrongful death claims, securing compensation that provides financial security and holds negligent parties accountable.
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Common Causes of Wrongful Death in Denver
Wrongful death claims arise when someone dies due to another party’s negligence, recklessness, or intentional wrongdoing. Common causes include:
Car Accidents
Motor vehicle accidents are a leading cause of wrongful death in Denver. Fatal crashes may involve:
- Distracted driving
- Drunk or impaired driving
- Speeding and reckless driving
- Running red lights or stop signs
- Wrong-way driving
- Highway collisions
- When negligent drivers cause fatal accidents, surviving family members can hold them accountable through wrongful death claims.
Truck Accidents
Commercial truck accidents often result in fatalities due to the massive size and weight of semi-trucks. These cases may involve:
- Trucking company negligence
- Driver fatigue from hours of service violations
- Inadequate vehicle maintenance
- Improper cargo loading
- Multiple liable parties
- Truck accident wrongful death cases are complex but we have the experience to handle them effectively.
Motorcycle Accidents
Motorcyclists’ vulnerability means accidents often result in fatalities. Common causes include:
- Drivers failing to see motorcyclists
- Left-turn collisions
- Lane change accidents
- Unsafe road conditions
Bicycle and Pedestrian Accidents
Cyclists and pedestrians have virtually no protection against vehicles. Fatal accidents often involve:
- Drivers failing to yield at crosswalks
- Distracted driving
- Impaired driving
- Hit-and-run crashes
Workplace Accidents
Some workplace deaths allow wrongful death claims beyond workers’ compensation, particularly when third parties are liable:
- Construction site accidents
- Industrial accidents
- Equipment failures
- Toxic exposure
- Falls from heights
Medical Malpractice
When healthcare providers’ negligence causes death, families can pursue wrongful death claims for:
- Surgical errors
- Medication mistakes
- Misdiagnosis or delayed diagnosis
- Birth injuries
- Anesthesia errors
- Nursing home neglect
- Medical malpractice wrongful death cases require expert testimony and thorough investigation.
Premises Liability
Property owner negligence can cause fatal accidents:
- Slip and fall accidents
- Inadequate security leading to assaults
- Swimming pool drownings
- Fire due to code violations
- Carbon monoxide poisoning
- Structural failures
Product Liability
Defective products can cause fatal injuries:
- Defective vehicles or auto parts
- Dangerous pharmaceuticals
- Defective medical devices
- Unsafe consumer products
- Defective machinery
- Manufacturers, distributors, and retailers may all share liability.
Nursing Home Abuse and Neglect
When nursing homes fail to provide adequate care, elderly residents may die from:
- Falls due to inadequate supervision
- Medication errors
- Malnutrition or dehydration
- Untreated infections
- Bedsores
- Physical abuse
Intentional Acts
Wrongful death claims can arise from intentional conduct:
- Assault or homicide
- Bar over-serving leading to drunk driving deaths
- Negligent security allowing violent crimes
- Even if criminal cases are pending, families can pursue civil wrongful death claims.
Who Can File a Wrongful Death Claim in Colorado?
Colorado law specifies who has the legal right to file wrongful death claims:
First Year After Death
During the first year after death, only the deceased’s spouse can file a wrongful death claim. If there is no surviving spouse, the deceased’s children can file.
After First Year
If no claim has been filed within the first year, the deceased’s parents or the personal representative of the estate may file.
Who Can Recover Damages?
While filing rights are limited, damages are distributed among:
- Surviving spouse
- Children (including adult children)
- Parents (if no spouse or children)
- Other dependent family members in some circumstances
- We help families understand their rights and ensure all eligible family members receive appropriate compensation.
Types of Damages in Colorado Wrongful Death Cases
Colorado law allows recovery of several types of damages in wrongful death cases:
Economic Damages
Loss of Financial Support: The deceased’s earning capacity over their expected lifetime, including:
- Lost wages and benefits
- Pension and retirement contributions
- Investment income
- Business income
- We work with economists to calculate these losses accurately.
- Funeral and Burial Expenses: Reasonable costs for:
- Funeral services
- Burial or cremation
- Memorial services
- Cemetery plots
- Headstones
- Medical Expenses: Bills incurred before death for:
- Emergency treatment
- Hospitalization
- Surgery
- Medication
- Final medical care
- Loss of Household Services: Value of services the deceased provided:
- Childcare
- Household maintenance
- Yard work
- Home repairs
- Transportation
Non-Economic Damages
Loss of Companionship: Compensation for the loss of:
- Spousal relationship and consortium
- Parent-child relationship
- Love and affection
- Guidance and counsel
- Care and protection
- These intangible losses are often the most significant for grieving families.
- Pain and Suffering Before Death: If the deceased survived briefly and consciously suffered before death, the estate can recover for:
- Physical pain
- Mental anguish
- Emotional distress
- Fear and anxiety
Punitive Damages
In cases involving willful and wanton conduct, fraud, or malice, Colorado allows punitive damages to:
- Punish the defendant
- Deter similar conduct
- Send a message about accountability
- Examples include drunk driving deaths, gross negligence, or intentional acts.
Colorado Wrongful Death Laws
Understanding Colorado’s wrongful death laws is crucial for protecting your rights:
Statute of Limitations
Colorado generally requires wrongful death claims to be filed within two years of the date of death. However, exceptions exist:
- Medical malpractice cases may have different deadlines
- Claims against government entities have much shorter notice requirements
- Discovery rule may extend deadlines in some cases
- Missing the statute of limitations means losing the right to compensation forever. Contact an attorney immediately after losing a loved one to ensure deadlines don’t pass.
Relationship to Criminal Cases
Wrongful death claims are civil cases, separate from any criminal prosecution. Key differences:
- Lower burden of proof (preponderance of evidence vs. beyond reasonable doubt)
- You can win a civil case even if criminal charges are dropped
- Civil and criminal cases proceed independently
- Criminal conviction helps prove civil liability but isn’t required
Relationship to Workers’ Compensation
If death occurred at work, workers’ compensation provides benefits to surviving family members. However, you may also pursue wrongful death claims against third parties whose negligence contributed:
- Equipment manufacturers
- Contractors
- Property owners
- Other drivers
- We help families maximize recovery from all available sources.
Estate Claims vs. Wrongful Death Claims
Colorado distinguishes between:
- Wrongful death claims: Filed by surviving family members for their losses
- Survival actions: Filed by the estate for the deceased’s losses before death
- Both claims may be pursued simultaneously, and we ensure families recover all available damages.
The Wrongful Death Claims Process
Understanding what to expect helps families prepare for the legal process:
Initial Consultation
We meet with your family to:
- Listen to what happened
- Explain your legal rights
- Answer your questions
- Discuss next steps
- Provide guidance with no pressure or obligation
- This consultation is free and confidential.
Investigation
We conduct a thorough investigation:
- Obtain police reports and accident records
- Review medical records and autopsy reports
- Interview witnesses
- Consult with experts
- Gather evidence of negligence
- Identify all liable parties
Calculating Damages
We work with experts to determine full damages:
- Economists calculate lost earnings and benefits
- Life care planners assess lost household services
- We document the full impact on your family
Filing the Claim
We prepare and file the wrongful death complaint, ensuring:
- Proper parties are named as plaintiffs
- All defendants are identified
- Claims are filed within statute of limitations
- All legal requirements are met
Discovery and Negotiation
We engage in the discovery process:
- Exchange information with defendants
- Take depositions
- Obtain documents
- Build evidence for trial
- We negotiate with insurance companies and defendants, seeking fair settlement.
Trial
If settlement isn’t achieved, we’re prepared to take your case to trial:
- Present evidence to a jury
- Call expert witnesses
- Tell your loved one’s story
- Demand accountability
- Our trial experience often motivates defendants to settle reasonably.
Distribution of Recovery
Once we secure compensation, we:
- Pay medical liens and expenses
- Deduct attorney fees from recovery (not from your portion)
- Distribute remaining funds to eligible family members
- Ensure proper tax treatment
Get Help From Experienced Wrongful Death Lawyers
How We Support Families Through This Process
Beyond legal representation, we provide support families need during this difficult time:
Clear Communication
We explain the legal process in plain language, keep you informed of developments, and answer questions patiently. You’ll never feel left in the dark.
Emotional Sensitivity
We understand you’re grieving. We’re patient, flexible, and respectful of your emotional state. We’ll never pressure you or add to your stress.
Handling Details
We handle all legal aspects so you can focus on your family and healing:
- All communications with defendants and insurers
- All paperwork and court filings
- All investigation and evidence gathering
- All negotiations and legal strategy
Resources and Referrals
We can connect families with:
- Grief counselors
- Support groups
- Financial advisors
- Estate planning attorneys
Respect for Your Loved One
We treat your loved one’s memory with respect. We tell their story with dignity and ensure they’re remembered as a person, not just a case.
Why Wrongful Death Claims Matter
Families often wonder whether pursuing a wrongful death claim is right for them. Consider these important purposes:
Accountability
Wrongful death claims hold negligent parties accountable for their actions. When someone’s carelessness causes a death, they must answer for it. This accountability may prevent future tragedies.
Financial Security
Surviving family members often depended on the deceased for financial support. Compensation provides:
- Funds to replace lost income
- Security for children’s education
- Resources to maintain quality of life
- Financial stability during transition
Justice
While nothing replaces your loved one, justice matters. A wrongful death claim acknowledges that what happened was wrong and that your loved one’s life had value.
Closure
The legal process can provide some measure of closure by:
- Establishing the truth about what happened
- Holding the responsible party accountable
- Providing a forum to honor your loved one
- Bringing the matter to resolution
Frequently Asked Questions
How long do I have to file a wrongful death claim?
Colorado’s statute of limitations is generally two years from the date of death, but exceptions exist. Contact an attorney immediately to ensure deadlines don’t pass.
What if my loved one was partially at fault?
Colorado’s comparative negligence law allows recovery even if the deceased shared some fault, as long as they weren’t more than 50% responsible. Compensation is reduced by their percentage of fault.
Can I file a claim if there’s a criminal case?
Yes. Civil wrongful death claims are separate from criminal prosecution and proceed independently. You can pursue a civil claim regardless of criminal case outcome.
What if the death occurred at work?
Workers’ compensation provides benefits, but you may also pursue wrongful death claims against third parties whose negligence contributed. We help families recover from all available sources.
How is compensation divided among family members?
Colorado law specifies how damages are distributed among surviving spouse, children, and other dependents. We ensure all eligible family members receive appropriate compensation.
What if I can’t afford a lawyer?
We work on contingency—you pay no attorney fees unless we recover compensation. There’s no financial risk to pursuing justice for your loved one.
How long does the process take?
Timelines vary based on case complexity, but wrongful death claims typically take 1-3 years from filing to resolution. We work efficiently while ensuring maximum recovery.
Get Your Free Wrongful Death Consultation
Contact Our Denver Wrongful Death Attorneys Today
If you’ve lost a loved one due to someone else’s negligence in Denver, we’re deeply sorry for your loss. While we can’t bring back the person you love, we can help you seek justice and financial security for your family’s future.
At Eddington Law, we’ve spent over 35 years representing families who have lost loved ones. We understand your grief, respect your loss, and are committed to holding responsible parties accountable.
Call us today for a free, confidential consultation. No fees unless we win your case.
During this impossibly difficult time, let us handle the legal battles while you focus on your family and healing. We’ll treat you with the compassion you deserve while fighting aggressively for the justice your loved one’s memory demands.
Your family’s future matters. Your loved one’s memory matters. Justice matters. We’re here to help.