Denver Wrongful Death Attorneys

Filing a Wrongful Death Claim in Colorado

There is nothing worse than losing a loved one; knowing that your loved one’s death was the result of a preventable accident or act of negligence can make the healing process even more difficult. If your family member passed away due to another person or party’s negligent or wrongful conduct, you deserve justice—and we want to help.

At Boesen Law, our Denver wrongful death attorneys are committed to helping you and your family fight for the full compensation you are owed. We know that no amount of financial compensation can undo the loss you have endured, but we have also seen firsthand how a fair settlement or verdict can provide surviving family members with the monetary resources they need to heal.

To learn more about your legal rights, call our office at (303) 327-9988 or contact us online. We offer free, in-person consultations to all new and prospective clients.

What Is a Wrongful Death?

Colorado considers a death “wrongful” when it results from the “wrongful act, neglect, or default of another.” In other words, if the person who died (referred to as the “decedent”) would have had grounds to file a personal injury claim had they lived, their death is likely considered wrongful.

Wrongful death claims often arise from the following incidents:

• Car accidents
• Motorcycle accidents
• Truck accidents
• Birth injuries
• Medical malpractice
• Elder abuse and neglect
• Dog bites and attacks
• Workplace accidents
• Defective products
• Falls, including slip and falls
• Violence, assault, and other criminal acts

Our attorneys at Boesen Law can review your situation and determine whether you have grounds for a wrongful death lawsuit. We strive to get to know each and every one of our clients on a personal level, which is why we provide in-person consultations free of charge. Please contact us today to schedule a meeting with a member of our team.

Who Can File a Wrongful Death Claim?

Colorado has relatively unique laws regarding who may file a wrongful death lawsuit and when these individuals may take legal action.

First and foremost, the general statute of limitations on wrongful death cases in Colorado is two years from the date of death. This means that, in most cases, the person bringing the claim (known as the “plaintiff”) has just two years from the date of death to file a lawsuit; failure to bring a lawsuit within this timeframe will almost certainly result in the case being dismissed.

Secondly, the law specifies that, during the first year following the decedent’s death, the following individuals may file a wrongful death claim (in order):

• The decedent’s surviving spouse, if one exists
• The decedent’s surviving children, if the decedent was unmarried or if the surviving spouse gives written permission for the decedent’s surviving children to bring a claim separately or jointly
• The decedent’s designated beneficiary/beneficiaries, if there is no surviving spouse or children

After the first year has passed, but it has not yet been two years since the date of death, the following individuals are permitted to bring a wrongful death claim in Colorado:

• The decedent’s surviving spouse
• The decedent’s surviving children, separately or jointly with the surviving spouse
• An eligible beneficiary of the decedent, separately or jointly with the surviving children

Additionally, if a wrongful death claim is filed by the decedent’s surviving children, the surviving spouse and/or eligible beneficiary may join the lawsuit within 90 days of it being filed.

If the decedent died without a spouse or children, and they have no eligible designated beneficiary, their parent(s) or legal guardian(s) may file a wrongful death claim. This is true whether the decedent was a minor or an adult at the time of death.

Types of Damages Available in Wrongful Death Cases

The purpose of filing a wrongful death lawsuit is twofold: first, it allows you to hold the at-fault party accountable for the harm and devastation they have caused. Second, it allows eligible surviving family members to recover financial compensation for certain economic and non-economic losses. Collectively, these losses are referred to as “damages.”

Some types of damages that may be recovered in a Colorado wrongful death lawsuit include:

• Medical expenses associated with the decedent’s final treatment and care
• Funeral and/or burial expenses
• Lost income, wages, and other compensation the decedent would have likely earned
• Loss of benefits, including life insurance, pension, and related benefits
• Pain and suffering experienced by the surviving plaintiff
• Grief and emotional distress
• Loss of companionship, support, love, guidance, and counsel

Plaintiffs may seek full compensation for economic damages, such as funeral expenses and medical bills, but the state has a cap on non-economic damages in wrongful death cases. In Colorado, non-economic wrongful death damages are capped at $571,870 as of 2021. Note that this cap is adjusted every two years. For more information, including the amount of type of damages you may be entitled to receive, contact our Denver wrongful death attorneys today.

Learn How Boesen Law Can Help You & Your Family Seek Justice

At Boesen Law, we believe in holding negligent parties accountable. By filing a wrongful death lawsuit against the person or party that caused your loved one’s death, you can obtain justice and fair financial recovery for your related losses. Our team is here to guide you through the legal process and provide the compassionate, empathetic counsel you deserve.

Our attorneys have decades of experience and a proven track record of success in all types of complex cases. We take great pride in providing our clients with a high level of personal attention, accessibility, and communication. As a client, you can rely on us to be there for you and your family every step of the way. And, because we offer our legal services on a contingency fee basis, you do not owe any upfront or out-of-pocket fees when you hire our team. Instead, we only collect legal fees if/when we win your case.

Call (303) 327-9988 or contact us online to request your free, in-person consultation. Our staff speaks English, Spanish and Russian.