Lost a Loved One Due to Someone Else’s Negligence?

Nothing in this guide is more urgent than your own wellbeing and your family’s. Grief doesn’t follow a schedule, and the legal process will wait for you to be ready. There are deadlines you’ll need to meet — we’ll cover those — but none of them require you to act today or this week.

That said, a few practical things become time-sensitive in the weeks after a death. Securing the death certificate, arranging the funeral, and notifying insurance companies all need to happen relatively soon. If your loved one died in an accident, request the police report from the Denver Police Department and any hospital records from the final treatment now, while they’re still easily accessible.

If you’re overwhelmed and don’t know where to start legally, that’s okay. Reading this page is a reasonable first step. The rest can happen when you’re ready.

A wrongful death claim exists when someone dies as a result of another party’s negligent, reckless, intentional, or criminal act (C.R.S. § 13-21-202). In plain terms: if the death was caused by something that would have been grounds for a personal injury lawsuit had the person lived, the surviving family can pursue a wrongful death claim instead.

The legal theory is the same — negligence, recklessness, or intentional harm — but the claim belongs to the surviving family rather than the person who was injured. Colorado’s wrongful death statute allows recovery for grief, loss of companionship, lost financial support, and other damages suffered by the surviving spouse, children, or parents.

Wrongful death claims in Denver most commonly arise from fatal car, truck, and motorcycle crashes on corridors like I-25, I-70, Colfax Avenue, and the I-70/Peoria interchange. But they also come from medical malpractice at Denver’s hospitals, fatal workplace accidents in construction and warehouse operations, dangerous property conditions, defective products, and pedestrian deaths on busy arterials. The common thread is that someone else’s failure caused a death that didn’t have to happen.

Colorado’s wrongful death statute (C.R.S. § 13-21-202) uses a tiered system that determines who can file and when. This is different from many states where only a personal representative of the estate can file.

During the first year after the death, only the surviving spouse may bring the wrongful death action. If the deceased had no surviving spouse, or if the surviving spouse does not file within the first year, then the deceased’s children (or their guardian if they are minors) may file during the second year. If there is no surviving spouse or children, the deceased’s parents may file during the second year. As of January 1, 2025, HB 24-1472 also allows siblings to file in limited circumstances — specifically when the deceased was unmarried, had no descendants, no surviving parents, no spouse, and no designated beneficiary.

This tiered priority system means that the clock matters. If the surviving spouse decides not to file, the children or parents must wait until after the first year to bring their claim — but they only have until the end of the second year (the 2-year statute of limitations). That leaves a narrow window.

Colorado also has a separate “survival action” (C.R.S. § 13-20-101) that allows the estate to recover damages the deceased person would have been entitled to had they survived — such as pain and suffering between the injury and death, and medical expenses incurred before death. The survival action is brought by the personal representative of the estate, not directly by family members.

The statute of limitations for wrongful death in Colorado is two years from the date of death (C.R.S. § 13-21-204). This deadline applies regardless of what caused the death — a car crash, a workplace accident, medical malpractice, or any other negligence.

Two years may seem like enough time, but grief slows everything down, and the legal process requires gathering extensive evidence, retaining experts, and building a complete picture of your family’s losses. The tiered filing system adds complexity: if the spouse files late in the first year and the case requires additional development, the remaining time can feel very short.

There is one important exception: in vehicular homicide cases, the statute of limitations extends to four years from the date of death. This is significant in Denver given that traffic crashes are the leading cause of wrongful death claims in the city.

For medical malpractice wrongful deaths, the same 2-year statute of limitations applies, but Colorado also has a 3-year statute of repose (C.R.S. § 13-80-102.5) — meaning no claim can be brought more than 3 years after the medical act in question, regardless of when the death occurred.

For claims against government entities, the Colorado Governmental Immunity Act (C.R.S. § 24-10-109) requires written notice within 182 days — roughly 6 months. If your loved one was killed in a crash involving a City of Denver vehicle, on a road maintained by CDOT, or in any situation involving a government entity’s negligence, this accelerated deadline applies. Missing the 182-day notice requirement can bar your claim entirely. Consult an attorney immediately if a government entity is involved.

These deadlines are firm. Colorado courts enforce them strictly, even when the claim is strong and the family’s loss is devastating. Don’t assume you have plenty of time.

Colorado’s wrongful death statute (C.R.S. § 13-21-203) allows recovery for several categories of damages. Under HB 24-1472 (effective January 1, 2025), non-economic wrongful death damages are capped at $2.125 million, with biennial inflation adjustments starting in 2028. Economic damages — lost income, medical bills, funeral costs — are uncapped.

Recoverable damages include: grief and loss of companionship suffered by the surviving spouse, children, or parents; loss of the deceased’s expected financial support and services to the family (calculated over the remainder of their expected working life); funeral and burial expenses; and the estate’s medical expenses from the final injury or illness.

Through the separate survival action (C.R.S. § 13-20-101), the estate can also recover the deceased’s own pain and suffering between the injury and death, as well as medical expenses incurred before death. This is significant when there was a gap between the injury and death — for example, if your family member survived for days or weeks in the hospital before passing.

For medical malpractice wrongful death claims, HB 24-1472 significantly increased the caps. Non-economic damages are increasing incrementally to $875,000 over 5 years (up from the prior $300,000 cap). Total medical malpractice wrongful death damages are increasing to $1.575 million over 5 years. Economic damages (lost income, medical expenses) remain uncapped.

Exemplary (punitive) damages may be available under C.R.S. § 13-21-102 if the death resulted from willful and wanton conduct, such as drunk driving or egregious safety violations. Exemplary damages require proof beyond a reasonable doubt.

Colorado’s modified comparative negligence rule (C.R.S. § 13-21-111) applies to wrongful death claims. If the deceased person is found 50% or more at fault for the incident that killed them, the family recovers nothing. If the deceased is found less than 50% at fault, the family’s recovery is reduced by the deceased’s percentage of fault.

This makes the investigation into what happened critically important. Police reports, witness statements, accident reconstruction, toxicology results, and expert testimony all shape the fault determination. The defense will look hard for ways to blame the person who died — because they can’t tell their side of the story. Solid evidence and experienced legal representation are what prevent that from happening.

Unlike the four states that follow contributory negligence (where any fault bars all recovery), Colorado’s system at least allows partial recovery. But the 50% bar is still a significant hurdle, and the insurance company’s primary strategy in many wrongful death cases is to push the deceased’s fault percentage as high as possible.

Because of comparative negligence, wrongful death cases in Colorado require careful preparation. Every fact matters, and the defense will exploit any ambiguity. This is not a case to handle without an attorney.

Denver’s 93 traffic fatalities in 2025 set a grim record — the highest since Vision Zero was adopted. Thirty-five of those deaths were pedestrians, the highest pedestrian toll in a decade. High-risk corridors include Colfax Avenue, Federal Boulevard, Colorado Boulevard, and the I-25/I-70 interchange. Statewide, Colorado recorded 689 traffic deaths in 2024, with over 40% (287 fatalities) involving impaired drivers. Denver adopted Vision Zero with a goal of eliminating traffic deaths by 2030, but fatalities have climbed in nearly every year since 2016.

Construction site deaths are a persistent problem. Colorado’s construction boom — driven by commercial development, residential high-rises, and highway projects on I-25 and I-70 — increases the number of workers exposed to fatal hazards. Falls from heights are the leading cause of construction fatalities. Workers’ compensation may limit claims against the employer (C.R.S. § 8-40-101 et seq.), but if a third party was also responsible — a general contractor, subcontractor, equipment manufacturer, or property owner — the family can pursue a wrongful death claim against that third party.

Medical malpractice wrongful deaths include emergency room errors, surgical mistakes, failure to diagnose, medication and anesthesia errors, and birth injuries. Denver Health Medical Center, UCHealth University of Colorado Hospital, and the broader metro hospital systems handle high patient volumes, and errors do occur. Medical malpractice wrongful death claims in Colorado are subject to the $300,000 non-economic damages cap and must be supported by a certificate of review from a qualified expert (C.R.S. § 13-20-602).

Wrongful death cases are among the most complex and high-stakes claims in personal injury law. They involve detailed economic projections, expert testimony, contested liability, and Colorado’s specific rules about who can file, when they can file, and how comparative negligence applies.

The at-fault party’s insurance company will have lawyers working from day one to minimize the payout. Your family needs someone working just as hard on the other side.

Most wrongful death attorneys in Denver work on contingency — no upfront cost, and they only collect if the family recovers compensation. A free consultation helps you understand whether you have a viable claim, which filing tier you fall into, which deadlines apply, and what the case might be worth.

There’s no right time to call. Some families reach out within days. Others wait months. Both are fine. The critical thing is to be aware of the 2-year deadline — and the 182-day government notice requirement if a government entity is involved — and not let either expire while you’re still deciding. If you’re not sure where to start, our free Injury Claim Check can help you understand your options.