Seeking Justice After a Tragedy: A Compassionate Guide to Wrongful Death Claims in Colorado
There is no pain that compares to the sudden, preventable loss of a loved one.
The shock and grief are an ocean. In the midst of navigating this profound personal tragedy, the last thing you should have to worry about is a legal battle. Yet, when a death is caused by the negligence or wrongful act of another, the financial and emotional consequences for the surviving family can be devastating. You are left with not only a void in your heart but also urgent questions about your family’s future. How will the bills be paid? How can you protect the life you built together?
This is where the law can provide a measure of justice. Wrongful death claims in Colorado are not about assigning a dollar value to a human life; that would be impossible. They are about providing financial stability for the families left behind and holding the responsible parties accountable for the immense harm they have caused. This guide was written for you—the surviving spouse, child, or parent—to provide clear, compassionate answers. We will walk you through what a wrongful death claim is, what it takes to prove one, and how you can take the first steps toward securing your family’s future while you focus on healing.
What Is a Wrongful Death Claim in Colorado?
A wrongful death claim is a specific type of civil lawsuit that arises when a person dies as a direct result of the negligent, reckless, or intentional act of another person or entity.
It is crucial to understand that this is a civil claim, completely separate from any criminal charges the at-fault party might face. While a drunk driver might be prosecuted by the state in criminal court, a wrongful death lawsuit is filed by the victim’s family in civil court to recover financial damages. The goal is not to seek jail time, but to secure the compensation necessary for the family to move forward without facing financial ruin.
The legal foundation for these actions is found in the Colorado Wrongful Death Act. This set of laws defines who can bring a claim, what damages can be recovered, and the strict timelines that must be followed. The core principle is that if the person who died could have filed a personal injury lawsuit had they survived, their eligible family members now have the right to file a claim on their behalf.
The Heart of the Matter: Proving a Wrongful Death Claim
To succeed in a wrongful death lawsuit, your legal team must prove several key elements. It isn’t enough that a tragedy occurred; you must legally establish that the other party was at fault. This is typically done by proving negligence.
Negligence is a legal concept with four specific components that must be demonstrated:
- Duty: The first step is to show that the at-fault party (the “defendant”) owed a “duty of care” to the person who died (the “decedent”). This is often straightforward. For example, every driver on the road has a duty to operate their vehicle safely and follow traffic laws to protect other motorists, pedestrians, and cyclists.
- Breach: Next, we must prove that the defendant breached, or violated, that duty of care. This is the specific wrongful act. A truck driver who was texting instead of watching the road, a surgeon who failed to follow the standard of care during an operation, or a property owner who didn’t fix a dangerous condition are all examples of a breach of duty.
- Causation: This is a critical link. We must prove that the defendant’s breach of duty was the direct and proximate cause of the decedent’s death. The accident or incident must be the reason for the death. For instance, the truck driver’s distraction directly caused the collision that led to the fatal injuries.
- Damages: Finally, we must demonstrate that the surviving family members have suffered legally recognized damages as a result of the death. These damages include tangible financial losses, like lost income and medical bills, as well as intangible losses, like grief, sorrow, and loss of companionship.
Proving these four elements requires a meticulous investigation, compelling evidence, and expert testimony. It is a complex legal undertaking that should only be handled by a law firm with deep experience in catastrophic injury and wrongful death litigation.
Common Causes of Wrongful Death
While a wrongful death can arise from countless scenarios, most claims stem from incidents involving clear negligence or recklessness. Our firm has seen firsthand the devastation these events cause.
Some of the most common causes include:
- Catastrophic Auto Accidents: This is the most frequent cause of wrongful death claims. These cases often involve drunk or distracted drivers, excessive speeding, or other reckless behavior that leads to a fatal collision. Proving fault in these cases is essential to securing your family’s future. You can learn more about how we handle complex car accidents.
- Commercial Truck Collisions: Accidents involving semi-trucks, tractor-trailers, and other large commercial vehicles are disproportionately fatal due to the immense size and weight difference. These cases are also more complex, as they can involve multiple liable parties, including the driver, the trucking company, the vehicle manufacturer, and even the cargo loader. Investigating violations of federal trucking regulations is a key part of these truck accidents claims.
- Medical Malpractice: When a doctor, surgeon, anesthesiologist, or hospital fails to provide the accepted standard of care, and that failure results in a patient’s death, it may be grounds for a wrongful death claim. Examples include surgical errors, misdiagnosis, medication errors, or birth injuries.
- Defective Products: Manufacturers have a duty to ensure their products are safe for consumers. If a person is killed by a defective auto part, a faulty piece of machinery, or a dangerous pharmaceutical drug, the manufacturer can be held liable.
- Premises Liability: Property owners and managers have a legal obligation to keep their premises reasonably safe. Fatalities resulting from negligent security, building code violations, or a failure to warn of a known hazard (like an unmarked spill or a broken stair) can lead to a wrongful death action.
Case Study: Securing a Family’s Legacy
Consider the case of a successful Denver business owner, a husband and father of two, who was killed when a commercial semi-truck ran a red light. His sudden death not only left his family emotionally shattered but also put the future of his company and its employees in jeopardy. The trucking company’s insurer initially offered a quick, low settlement, hoping the grieving widow would accept it out of desperation.
They denied their driver was fatigued and tried to obscure his logbook data. Our firm was retained to protect the family and the legacy he had built. We immediately hired a team of accident reconstructionists and trucking industry experts. We secured the truck’s “black box” data recorder, which showed the driver had been speeding and hadn’t braked until the moment of impact. A forensic analysis of his logs and receipts proved he had violated federal hours-of-service regulations.
Faced with irrefutable evidence of negligence and the prospect of a massive jury verdict, the insurance company’s position changed. We structured a settlement that not only provided for the widow and her children’s lifetime financial needs, including college education and retirement, but also provided the capital necessary to stabilize the business and protect its employees’ jobs. This is the profound difference that an expert, aggressive legal strategy can make.
Navigating Colorado’s Strict Timelines: The Statute of Limitations
This is one of the most critical aspects of any wrongful death claim.
In Colorado, the law imposes a strict deadline for filing a lawsuit, known as the statute of limitations. For most wrongful death cases, the eligible family members must file the lawsuit within two years from the date of the person’s death.
If you fail to file a lawsuit within this two-year window, the court will almost certainly bar your claim forever, regardless of how strong your case is. This is why it is absolutely essential to speak with a qualified wrongful death attorney as soon as possible. The investigation process is extensive and takes time. Gathering evidence, consulting with experts, and building a powerful case cannot be done at the last minute. Waiting too long can jeopardize your family’s only opportunity for justice.
Who Is Eligible to File a Claim? A Matter of Timing and Relationship
Colorado law is very specific about who has the right to file a wrongful death lawsuit. It establishes a clear hierarchy based on relationship and a tiered timeline.
- During the First Year: In the first year immediately following the death, the sole right to file a lawsuit belongs to the surviving spouse. The only exceptions are if the spouse provides written consent for the children to join the suit or formally elects not to file at all.
- During the Second Year: In the second year, the group of eligible filers expands. The surviving spouse still has the right to file. Additionally, the surviving children of the deceased now also have the right to file a lawsuit, either together with the surviving spouse or on their own.
- If There Is No Spouse or Children: If the deceased person had no surviving spouse or children, then the right to file the claim passes to their surviving parents.
Understanding these strict rules is vital. It is a complex system designed to ensure that the closest surviving relatives are the ones to bring the action. An attorney can help your family navigate these rules to ensure the proper parties file the claim within the legal deadlines.
Final Takeaway: You Don’t Have to Carry This Burden Alone
The grief of losing a loved one is a heavy enough weight to carry. The added burden of financial uncertainty and the prospect of a complex legal fight can feel insurmountable. But you are not alone. While no lawsuit can ever fill the void left by your loss, it can provide the financial resources your family needs to be secure and it can deliver a powerful message that negligence and recklessness have consequences.
Protecting your family is the most important thing. Taking action to hold the responsible parties accountable is a profound step toward justice. Your health and your family’s healing are the top priority. We are here to handle the legal complexities with expert aggression so you can focus on moving forward, confident that your financial future is being protected. Call Flanagan Law now at 720-928-9178 for your free, no-obligation consultation.
Sources & Further Reading
- Colorado Revised Statutes, C.R.S. § 13-21-201. Parties plaintiff. This is the primary statute defining who is eligible to file a wrongful death lawsuit in Colorado and the timeline they must follow.
- Colorado Revised Statutes, C.R.S. § 13-21-202. Action notwithstanding death. This statute establishes the legal basis for a wrongful death claim, allowing it to proceed even though the injured party has died.
- Colorado Revised Statutes, C.R.S. § 13-80-102. General limitation of actions – two years. This statute sets the two-year deadline for filing a wrongful death action in Colorado.
- Colorado Jury Instructions – Civil, Chapter 10: Wrongful Death. This provides the official instructions that are given to juries in Colorado to guide their decisions on liability and damages in wrongful death cases.
Frequently Asked Questions
1. How much does it cost to hire a wrongful death attorney? Reputable personal injury and wrongful death law firms, including Flanagan Law, work on a contingency fee basis. This means you pay no upfront costs. The law firm covers all expenses of investigating and litigating your case. We only receive a fee if we successfully recover compensation for you through a settlement or a jury verdict.
2. How long will a wrongful death lawsuit take? The timeline for a wrongful death case can vary significantly depending on its complexity. A straightforward case with clear liability might settle in 9-12 months. A more complex case, such as one involving a commercial trucking company or medical malpractice, that proceeds to trial could take two years or longer. An experienced attorney can give you a more realistic timeline after reviewing the facts of your case.
3. Will we have to go to court? The vast majority of wrongful death cases are resolved through a settlement before ever reaching a trial. Insurance companies and defendants are often motivated to settle to avoid the uncertainty and expense of a jury trial. However, our firm prepares every case as if it is going to trial. This position of strength and readiness is what leads to the best possible settlement offers.
4. What is the difference between a wrongful death claim and a survival action? A wrongful death claim compensates the surviving family members for the losses they have suffered due to their loved one’s death (e.g., lost income, loss of companionship). A survival action, which can be brought alongside a wrongful death claim, compensates the deceased person’s estate for the losses the deceased themselves suffered between the time of injury and their death (e.g., their medical bills, their own pain and suffering before they passed).
5. The insurance company for the at-fault party has already contacted me. What should I do? Do not speak to them and do not sign anything. Insurance adjusters are trained to protect their company’s profits, which means minimizing what they pay you. They may sound sympathetic, but their goal is to get you to say something that could hurt your claim. Politely decline to speak with them and tell them your attorney will be in contact. Contact us online to discuss your case and learn how we can help you.
