Compassionate Colorado Wrongful Death Lawyer
Are you and your family still grieving the loss of a loved one due to a fatal accident?
If you’re here because you have recently lost someone dear to you, we’d first like to offer our sincerest condolences. Our hearts go out to you and your family. This is likely one of the most difficult times of your life, and it might seem like the pain will never stop. During such times, it’s vital to remember that you and your family will make it through. You must believe that.
For surviving spouses, parents, children, and other family members, pursuing legal action for the death of a loved one is often the last thing they want to do. In the midst of grief, it’s easy to feel overwhelmed with planning the funeral and getting accustomed to the new “normal.”
Sadly, the law doesn’t wait for the grieving process—plaintiffs only have a limited period of time to file a wrongful death claim. Fortunately, you don’t have to face this challenge alone.
To find out if you’re able to file a wrongful death claim, contact one of our compassionate Denver wrongful death attorneys today.
When can I sue for wrongful death in Colorado?
In Colorado, you can file a wrongful death lawsuit if a loved one’s death was caused by someone else’s negligence or intentional actions. These claims can be filed against another person, a company, or an entity. This type of claim is governed by the Colorado Wrongful Death Act, which allows specific family members to pursue financial compensation.
Can a family member sue for a wrongful death after a car accident?
Yes, a family member can file a wrongful death claim after a car accident in Colorado if the accident was caused by another driver’s negligence or reckless behavior. This could include situations involving speeding, drunk driving, distracted driving, and more. For a successful case, you will need to prove that the other driver’s actions or inactions were a direct cause of the accident that led to your loved one’s death.
At the Babcock Law Firm, we frequently represent families who’ve lost loved ones in fatal car accidents, truck accidents, motorcycle wrecks, drunk driving accidents, pedestrian accidents, accidents at work, and slip and fall accidents.
Types of damages for wrongful death cases in Colorado
Under the Colorado Wrongful Death Act, certain dependents may be entitled to financial compensation if a family member’s death was caused by someone else’s negligence. Types of financial compensation in wrongful death suits can include:
- Direct expenses. Payment for medical bills, funeral costs, and other financial costs.
- Loss of pay/benefits. Payment for the amount of money the decedent would have earned working and received in pension/retirement benefits had they lived.
- Loss of companionship. Payment for the emotional support, guidance, and love the deceased would have provided to their family, which is often difficult to quantify.
Other less common damages can include loss of potential inheritance, loss of parental guidance, and college tuition for children.
How much is a wrongful death lawsuit worth in Colorado?
Putting a dollar figure on the loss you’ve endured is impossible. However, an experienced attorney can help you calculate all past, current, and future financial losses that result from your loved one’s wrongful death, although this is often a complicated process.
At The Babcock Law Firm, we consider factors like age, earning capacity, retirement benefits, health, life expectancy, the presence of comparative fault, and the circumstances of those who depended on the person who died.
Your damage award should also include interest from the date of death.
In a wrongful death, a jury determines the size of the damage award based on the evidence available. Expert testimony can be used to help determine the monetary value of items such as household services your loved one provided. The court may adjust the wrongful death award up or down, depending on additional factors.
The opposing parties—insurance companies and those at fault—will do their best to keep your damages as low as possible. We can handle the negotiations and support you throughout the process to ensure the best possible outcome for your family.
Is there a cap on wrongful death damages in Colorado?
Yes, under Colorado’s wrongful death law, compensation for non-economic damages like loss of companionship or pain and suffering is capped. It had been capped (but adjusted annually for inflation) at $468,010 for cases occurring after January 1, 2008, with an exception for cases involving death caused by murder or manslaughter.
However, HB24-1472, which was signed into law in June 2024, increased the damage cap on non-economic damages in wrongful death cases to $2.125 million for claims filed on or after January 1, 2025.
Because laws surrounding damage caps change over time, it’s crucial to consult a local Denver wrongful death attorney for advice on the amount of compensation you may be entitled to.
Colorado wrongful death laws and the statute of limitations
Colorado’s wrongful death laws are complicated. Very specific laws determine what can be recovered, the priority of beneficiaries, the procedures and deadlines for bringing wrongful death actions, and so on. Below is some key information about who can file a wrongful death claim and when they can file it.
Who can file a wrongful death claim in Colorado?
Only the surviving spouse may bring a claim within the first year of the wrongful death. After 1 year, both the spouse and children have the right to bring a wrongful death action. If there is no spouse, then the children may bring an action anytime within 2 years. If there are no children or spouse, the parents may bring a wrongful death action.
You may also be able to sue for personal injury, conscious pain and suffering, and expenses incurred prior to the wrongful death. Survival actions for personal injury also apply in certain wrongful death cases. Your wrongful death attorney can help walk you through what you need to know and advise you.
How long do I have to file a wrongful death claim in Colorado?
Colorado’s wrongful death law has a 2-year statute of limitations, which means a claim must be brought within 2 years after the death occurred.
“The Babcock Law Firm did an outstanding job of representing me. I had never been involved in a work related injury case, so I had no idea what to expect. Mack and his staff did a great job of providing information and protecting my rights every step of the way. They always responded promptly to my many questions, and provided sound advice pertinent to my case. I would recommend them to anyone in need of representation.”
Do I need a wrongful death attorney?
Yes, hiring a wrongful death attorney is highly recommended for a successful claim. Wrongful death cases are often complex, involving strict deadlines, legal procedures, and detailed evidence to prove negligence or fault.
An experienced attorney will navigate these complexities, gather essential evidence, negotiate with insurance companies, and, if necessary, represent you in court. They also understand how to calculate damages to ensure you seek fair compensation for medical expenses, lost income, emotional suffering, and more.
If you’re not sure how to find a wrongful death attorney near you, start by looking for one with a proven track record in handling similar cases, solid client reviews, and a compassionate approach to supporting families during difficult times. Many attorneys offer free consultations, so take that opportunity to ask them about their track record with cases like yours and find out how they would manage your case to make sure you’re comfortable with their legal strategy.
Schedule a free, no-risk consultation with a Colorado wrongful death attorney today
Experienced Denver wrongful death attorney R. Mack Babcock and his associates at The Babcock Law Firm are deeply committed to helping grieving families obtain compensation and justice for a devastating loss.
We encourage you to discuss the details of your wrongful death case with us as soon as possible. If your case falls within our practice area and we feel our representation can benefit you, one of our wrongful death attorneys will meet with you for an in-depth consultation at no charge.
We’re here to help you secure the best possible outcome for your Colorado wrongful death action.
Contact our office today to schedule your free consultation.
