Colorado Wrongful Death Lawyers

Under Colorado law (C.R.S. § 13-21-202), a wrongful death claim arises when someone dies as a result of another person’s negligence, recklessness, or wrongful act. This legal action allows surviving family members to recover compensation for the financial and emotional losses caused by the death.

Wrongful death claims differ from survival actions. A survival action compensates the deceased’s estate for pain and suffering experienced before death. A wrongful death claim compensates surviving family members for their direct losses. Many cases involve both types of claims.

Families typically need a wrongful death attorney when a loved one dies in a vehicle accident, from medical malpractice, in a workplace accident, due to premises liability, or from product defects. These cases matter because they provide financial recovery for lost income and support. They hold negligent parties accountable. They give families a sense of justice during an incredibly difficult time.

Colorado law establishes a priority order for who can file a wrongful death claim. In the first year after death, only the surviving spouse can file. After one year, the claim can be brought by the deceased’s children, parents, heirs, and designated beneficiaries. As of January 1, 2025, siblings gained limited rights to file wrongful death claims. This applies only when no surviving spouse, children, parents, or designated beneficiary exists. To file a claim, the person must have sustained a direct pecuniary loss. This means they depended on the deceased for financial support or services.

Wrongful death claims can arise from many types of incidents. Vehicle accidents—including car accidents, truck accidents, and motorcycle collisions—are among the most common. Medical malpractice, such as surgical errors or misdiagnosis, can also result in wrongful death claims. Workplace accidents, premises liability (injuries on someone else’s property), product defects, nursing home negligence, and criminal acts can all form the basis of a wrongful death claim. The key requirement is that the death resulted from someone else’s negligence, recklessness, or wrongful act.

Establishing responsibility requires proving four elements: the defendant owed a duty of care to the deceased, the defendant breached that duty, the breach caused the death, and the family suffered damages. The burden of proof is “preponderance of the evidence.” This means it’s more likely than not that the defendant caused the death. Colorado also recognizes comparative fault. This means if the deceased was partially responsible for the accident, any recovery may be reduced proportionally. Our investigation and evidence-gathering process focuses on establishing clear liability. We work to minimize comparative fault arguments.

You have two years from the date of death to file a wrongful death claim in Colorado. This deadline is critical. Missing it means losing your right to recover compensation. There is one important exception: if the wrongful death resulted from a hit-and-run accident, you have four years to file. Acting quickly is essential because evidence can disappear. Witnesses’ memories fade. The responsible party may attempt to destroy evidence. Contact us immediately if your loved one has died due to someone else’s negligence.

Colorado law allows recovery of both economic and non-economic damages. Economic damages include lost income and benefits the deceased would have earned, funeral and burial expenses, medical expenses incurred before death, and the value of household services the deceased provided. Non-economic damages compensate for pain and suffering experienced before death, loss of companionship, emotional distress, and grief.

Effective January 1, 2025, Colorado law (HB24-1472) caps non-economic damages in wrongful death cases at $2,125,000. Medical malpractice cases have a separate cap that increases incrementally. The current cap as of February 2026 is $810,000, with scheduled increases each year through 2030 when it reaches $1,575,000. Economic damages are not capped. There is no limit on recovery of lost income, medical expenses, and funeral costs. The specific damages available depend on your family’s circumstances and the type of incident that caused the death.

The timeline varies depending on case complexity, how clear liability is, and whether the responsible party is willing to settle. Simple cases with clear liability may settle within 6-12 months. Complex cases involving multiple parties, disputed liability, or significant damages may take 2-3 years or longer. Settlement typically resolves cases faster than trial. However, we never pressure families to accept inadequate offers. We prepare every case for trial to help ensure fair compensation.

Yes. Effective January 1, 2025, non-economic damages in wrongful death cases are capped at $2,125,000 under HB24-1472. Medical malpractice wrongful death cases have a separate cap that increases incrementally under the law. The current cap as of February 2026 is $810,000. Scheduled increases continue through 2030 when it reaches $1,575,000. These caps apply to pain and suffering, loss of companionship, and emotional distress.

However, economic damages—lost income, medical expenses, funeral costs, and lost benefits—are not capped. If the deceased would have earned significant income over their remaining lifetime, economic damages can be substantial. Understanding how these caps affect your case value is important. We explain the calculation clearly so you understand what compensation is realistic.

This decision depends on several factors. Settlement offers certainty, speed, and privacy. Your case resolves without public trial proceedings. However, settlement amounts may be lower than what a jury might award. Trial offers the potential for higher awards and public accountability. But it involves uncertainty, takes longer, and requires your family to testify about your loved one’s death.

We recommend settlement when the offer is fair. It should reflect your case’s true value. We recommend trial when the insurance company’s offer is inadequate, or liability is clear. Ultimately, this decision is yours. We provide honest counsel about the strengths and weaknesses of any settlement offer before you decide.

To have a viable wrongful death claim, four elements must be present: the defendant owed a duty of care to the deceased, the defendant breached that duty, the breach caused the death, and your family suffered damages. If these elements exist, you likely have a case.

The best way to know is to schedule a free consultation with Matlin Injury Law. We evaluate your situation at no cost and with no obligation to proceed. During this consultation, we explain whether you have a viable claim. We discuss what damages might be available. We explain what the process involves. Many families find this consultation helpful. It provides understanding of their legal options during a difficult time.