Denver Wrongful Death Lawyers

What Is Wrongful Death Under Colorado Law?

A wrongful death claim is a civil lawsuit filed when someone dies due to the negligence, recklessness, or intentional misconduct of another person or entity. Under Colorado Revised Statutes C.R.S. 13-21-201, surviving family members have the legal right to seek financial compensation from the party responsible for their loved one's death.

Wrongful death is distinct from criminal homicide. A wrongful death claim is a civil action, meaning the burden of proof is lower than in a criminal case. Families can successfully pursue a wrongful death lawsuit even when no criminal charges have been filed or when criminal charges result in an acquittal. The purpose of a wrongful death claim is not punishment but accountability and compensation for the surviving family.

At Anderson Hemmat, our Denver wrongful death lawyers have spent more than three decades helping Colorado families pursue justice after losing a loved one. We understand the legal complexities of these cases and the emotional toll they take on every member of the family.

$33 Million Wrongful Death Verdict - Largest in Colorado History

In 2021, Anderson Hemmat attorney Chad Hemmat secured a $33,000,000 jury verdict for the wrongful death of a 30-year-old Aurora engineer. The victim was killed in a two-vehicle collision when a negligent driver traveling over 100 mph in a 35 mph zone struck his vehicle.

This verdict is believed to be the largest wrongful death verdict in Colorado history and the largest jury verdict ever awarded in the 18th Judicial District covering Arapahoe and Douglas counties. Our firm also secured a $10,000,000 verdict in a separate head-on collision wrongful death case.

This result demonstrates what happens when experienced wrongful death attorneys with trial-ready preparation take on a case. Insurance companies and defense teams know which firms are willing to go to trial and which are not. That reputation directly affects the settlement offers your family receives.

Who Can File a Wrongful Death Claim in Colorado?

Colorado law limits who has standing to file a wrongful death lawsuit. The right to sue follows a specific order established in C.R.S. 13-21-201:

Year One - Surviving Spouse

During the first year after death, only the surviving spouse of the deceased may file a wrongful death action in Colorado.

Year Two - Surviving Spouse and Children

Between the first and second year after death, both the surviving spouse and any surviving children of the deceased may file the wrongful death claim together.

Parents of the Deceased

If the deceased had no surviving spouse or children, the parents of the deceased may bring the wrongful death claim at any time within two years of the date of death.

Siblings - New Right Under HB24-1472

Beginning January 1, 2025, Colorado House Bill 24-1472 expanded wrongful death eligibility to include siblings of the deceased. Under C.R.S. 13-21-201(a)(V), if the deceased had no surviving spouse, heirs, or designated beneficiary, their siblings or heirs of siblings may now file a wrongful death action. This is a landmark change in Colorado law that closes a gap that previously left some families without any legal remedy.

If you are unsure whether you qualify to file, contact our Denver wrongful death attorneys for a free case evaluation. We will review your situation and clearly explain your legal options.

2025 Colorado Wrongful Death Law Changes That Affect Your Claim

Colorado House Bill 24-1472 made two significant changes to wrongful death law that took effect on January 1, 2025:

Expanded Filing Rights: Siblings and heirs of siblings can now file wrongful death claims when no spouse, children, or parents survive the deceased. Previously, responsible parties could avoid all civil liability if the deceased had no immediate family.

Increased Damages Cap: The cap on non-economic damages in wrongful death cases filed in 2025 increased from approximately $679,990 to $2,125,000. This is the most significant increase in Colorado wrongful death damages in decades.

This cap applies to claims filed on or after January 1, 2025, regardless of when the accident occurred. If your loved one died before 2025 but you have not yet filed suit, you may still qualify for the higher damages cap. Given the two-year statute of limitations, timing is critical. Contact our wrongful death lawyers to discuss your specific timeline.

Read our detailed analysis of these changes in our guide to major wrongful death law changes and our comprehensive Colorado wrongful death claims guide.

Damages You Can Recover in a Colorado Wrongful Death Case

Colorado wrongful death law provides for several categories of compensation designed to address both the financial and emotional impact of your loved one's death.

Economic Damages

Economic damages cover the measurable financial losses your family has suffered and will continue to suffer, including:

• Lost future income and earnings the deceased would have provided

• Lost employment benefits, retirement contributions, and insurance

• Funeral and burial expenses

• Medical and emergency care expenses incurred before death

• Loss of household services the deceased provided

There is no statutory cap on economic damages in Colorado wrongful death cases.

Non-Economic Damages

Non-economic damages compensate for losses that cannot be measured in dollars but are deeply felt:

• Grief and sorrow

• Loss of companionship, comfort, and guidance

• Loss of love and affection

• Emotional pain and suffering

• Loss of consortium for the surviving spouse

As of 2025, the cap on non-economic damages for wrongful death cases filed in Colorado is $2,125,000 under HB24-1472, a dramatic increase from the previous cap of $679,990.

Punitive Damages

In cases where the defendant's conduct was particularly reckless, egregious, or malicious, the court may award punitive damages beyond compensatory damages. Punitive damages are designed to punish the wrongdoer and deter similar behavior. Colorado courts commonly award punitive damages in wrongful death cases caused by drunk driving, extreme speeding, or intentional disregard for the safety of others.

Wrongful Death vs. Survival Action in Colorado

Colorado recognizes two distinct legal claims when someone dies due to another's negligence. Understanding the difference is important because they serve different purposes and may be filed together.

A wrongful death claim is filed by the surviving family members. It compensates the family for their losses, including the income they will no longer receive, the companionship they have lost, and the grief they endure.

A survival action is filed on behalf of the deceased person's estate. It seeks compensation for the damages the deceased person suffered before death, including their pain and suffering, medical expenses, and other losses from the time of injury to the time of death.

In many cases, both claims can and should be pursued simultaneously to ensure the family receives full compensation. Wrongful death cases involving traumatic brain injuries, spinal cord injuries, or other catastrophic injuries where the victim survived for a period before death often benefit from filing both claims. Your wrongful death attorney will evaluate whether both claims apply to your situation.

Common Causes of Wrongful Death in Colorado

Wrongful death can result from many types of negligent or reckless conduct. Our Denver wrongful death lawyers handle cases arising from:

• Car Accidents: The leading cause of wrongful death claims in Colorado, including collisions caused by speeding, distracted driving, and failure to yield

• Truck Accidents: Fatal crashes involving commercial trucks, tractor-trailers, and delivery vehicles often involve multiple liable parties

• Motorcycle Accidents: Motorcycle fatalities frequently result from inattentive drivers, blind spot failures, and left-turn collisions

• Pedestrian Accidents: Pedestrians struck by vehicles in crosswalks, parking lots, and residential areas

• Drunk Driving Accidents: Intoxicated drivers who cause fatal collisions, including DUI cases that cross into criminal proceedings

• Bicycle Accidents: Cyclists killed by negligent motorists on Colorado roads and bike lanes

• Product Liability: Defective vehicles, equipment, medical devices, or consumer products that cause fatal injuries

• Premises Liability: Fatal injuries on dangerous property due to inadequate maintenance, security, or warnings

• Nursing Home Abuse: Negligent care, abuse, or neglect leading to wrongful death of elderly residents

• Bus and RTD Accidents: Fatal collisions involving public transportation vehicles

• Rideshare Accidents: Fatal accidents involving Uber, Lyft, and other rideshare vehicles

• Hit and Run Accidents: Fatal hit and run collisions where the responsible driver fled the scene

Regardless of how your loved one died, the key question in every wrongful death case is whether someone else's negligence contributed to the death. If it did, your family may have a valid claim for compensation.

Colorado Wrongful Death Statute of Limitations

In Colorado, you must file a wrongful death claim within two years of the date of death under C.R.S. 13-21-204. Missing this deadline permanently eliminates your family's right to pursue compensation.

The two-year timeline follows a specific structure:

• First year: Only the surviving spouse may file

• Second year: The surviving spouse and children may file together

• If no spouse or children: Parents may file at any time within two years

• If no spouse, children, or parents: Siblings may file at any time within two years (as of 2025 under HB24-1472)

Two years may seem like sufficient time, but wrongful death investigations are complex. Evidence must be preserved, accident reports obtained, expert witnesses retained, and all potentially liable parties identified. Starting early gives your attorneys the best chance to build a strong case.

Do not wait until the deadline is approaching. Contact a Colorado wrongful death attorney as soon as possible to protect your rights.

The Wrongful Death Lawsuit Process in Colorado

Filing a wrongful death lawsuit involves several stages. Understanding the process helps families know what to expect:

1. Free Case Evaluation: Your attorney reviews the facts of your case, identifies liable parties, and determines whether you have a valid wrongful death claim.

2. Investigation: Your legal team gathers evidence including accident reports, witness statements, medical records, expert opinions, and any available surveillance footage.

3. Filing the Lawsuit: Your attorney files the wrongful death complaint in the appropriate Colorado court within the statute of limitations.

4. Discovery: Both sides exchange evidence and information. This phase includes depositions, document requests, and expert reports.

5. Settlement Negotiations: Most wrongful death cases settle before trial. Your attorney negotiates with insurance companies and defense counsel to reach fair compensation.

6. Trial: If a fair settlement cannot be reached, your case proceeds to trial where a judge or jury determines liability and damages.

At Anderson Hemmat, we prepare every wrongful death case as if it is going to trial. This approach consistently produces better settlement outcomes because the opposing side knows we are not bluffing.

Why Choose Anderson Hemmat for Your Wrongful Death Case?

Proven Track Record: Our attorneys have secured the largest wrongful death verdict in Colorado history at $33 million, along with hundreds of other successful wrongful death outcomes over more than three decades.

Trial-Ready Representation: Insurance companies know which law firms will actually take a case to trial. Anderson Hemmat is one of them. That reputation alone changes the settlement dynamics in your favor.

No Upfront Costs: We work on a contingency fee basis. You pay nothing unless we recover compensation for your family. The initial consultation is always free.

Compassionate Approach: We understand you are grieving. Our team handles your case with sensitivity and clear communication so you can focus on your family while we focus on your claim.

Colorado-Focused Firm: We are a Colorado-based law firm that handles cases throughout the state including Denver, Colorado Springs, Aurora, Boulder, Fort Collins, Pueblo, and surrounding communities. We know Colorado courts, Colorado judges, and Colorado wrongful death law.

Direct Attorney Access: At our boutique firm, you work directly with experienced wrongful death attorneys. You will never feel like just a file number.

How Insurance Companies Handle Wrongful Death Claims

Insurance companies treat wrongful death claims differently than standard injury claims because the financial stakes are significantly higher. Understanding their tactics helps you protect your family from being shortchanged:

• Early contact and quick offers: Adjusters will reach out to the family while grief is still raw, offering settlements designed to close the case before an attorney gets involved. These initial offers almost never reflect the full value of the claim.

• Downplaying future losses: Early offers rarely account for the deceased's full lifetime earning potential, lost retirement contributions, or the long-term emotional impact on the surviving family.

• Shifting blame to the deceased: Insurance companies may try to argue that the deceased was partially or fully at fault for the accident. Under Colorado's modified comparative negligence law, assigning even a small percentage of fault to the victim reduces the payout.

• Delaying the process: Insurers know that families facing financial pressure from funeral costs, lost income, and medical bills may accept less just to resolve the claim. Deliberate delays are a common pressure tactic.

• Disputing who can file: Insurance companies may challenge whether the person filing the claim has legal standing under Colorado wrongful death law, especially in cases involving the new sibling eligibility provision under HB24-1472.

Having an experienced wrongful death attorney changes the dynamic entirely. Insurance adjusters know which firms settle cheaply and which fight for full value. Anderson Hemmat has secured over $43 million in wrongful death verdicts alone, and that reputation works in your favor from day one.

Wrongful Death Claim FAQs

Colorado Wrongful Death Claims (Video)

Colorado Wrongful Death Claims (Video)

Contact Our Denver Wrongful Death Lawyers Today

If you have lost a loved one due to negligence or wrongful conduct, your family deserves experienced legal representation. Anderson Hemmat has fought for Colorado families in wrongful death cases for over three decades, securing the largest wrongful death verdict in state history.

Every wrongful death consultation is free. There is no obligation and no upfront cost. We work exclusively on a contingency fee basis, meaning you pay nothing unless we win your case.

The statute of limitations on wrongful death claims in Colorado is two years. Do not wait to explore your legal options. Contact our Denver wrongful death lawyers today by calling 303-782-9999 or filling out our free case evaluation form. We will listen to your story, explain your rights under Colorado law, and help you determine the best path forward for your family.