Colorado Wrongful Death Attorney

Most Common Types of Colorado Wrongful Death Cases

Wrongful death can occur at the time of the accident or due to complications from the resulting injuries. The most common types of wrongful death cases in Colorado include:

• Vehicle crashes: Crashes involving cars, trucks, motorcycles, and semi-trucks are a frequent cause of accidental fatalities because of the high-force impacts from speeding, reckless driving, and driving under the influence. 
• Medical malpractice: Errors committed by healthcare providers, such as surgical mistakes, delayed diagnosis, misdiagnosis, or improper treatment, could be the source of a wrongful death.
• Workplace deaths: Deaths in the workplace can be caused by defective equipment, dangerous environments, and improper training.
• Drunk driving: Driving under the influence can result in fatal car crashes, due to impairment.
• Defective products: Unsafe product designs and failure to warn people can result in unfortunate loss of life.
• Premises liability: Unsafe property conditions, dog bites, pool accidents, and a lack of security can all cause fatalities.
• Catastrophic injuries: Life-altering, severe injuries, including serious burns, TBIs (traumatic brain injuries), and spinal cord damage, could lead to complications resulting in death.

Filing A Wrongful Death Claim

The timeline and filing process for a wrongful death claim must be initiated within two years from the date of death. Colorado has specific guidelines on who can file and when, along with exceptions as follows:

• First year: Surviving spouse, or surviving children or siblings, when there is no spouse.
• Second year: Surviving spouse, children, or parents when there are no spouse, children, or other designated beneficiaries.

Exceptions:

• The surviving spouse may allow surviving children to join the lawsuit within the first year.
• If the surviving spouse does not file until the second year, surviving children and other designated beneficiaries have 90 days to join the lawsuit.
• If there are no spouse, children, siblings, or parents, other designated beneficiaries may file in the first year.

How Long Do I Have To File A Wrongful Death Claim?

Colorado’s statute of limitations is two years after the date of the accident that led to the death or the date of the death, whichever occurred first. Exceptions include:

• The statute of limitations is extended to four years for hit-and-run cases.
• The statute of limitations is shorter when a government entity is involved.
• The statute of limitations can be tolled (paused) for surviving minors and those with disabilities.

Timely filing is critical to protect your legal right to a wrongful death claim. Failure to do so forfeits all your legal rights to compensation.

Key Evidence Needed To Support Your Claim

To establish a claim, you will need to prove the defendant was negligent and responsible for your loved one’s death.

Evidence that can support your claim includes:

• Police report: Helps establish fault and prove negligence.
• Coroner’s report: The details in the report can show the cause of death.
• Medical records: Shows the extent of injuries and their severity.
• Witness statements: Helps to collaborate facts and what occurred during the accident.
• Expert reports: Helps explain complex details and prove negligence.

Why Choose Our Wrongful Death Law Firm?

Bachus & Schanker is led by top-rated wrongful death attorneys recognized among the best in Colorado. With decades of experience and thousands of cases handled within Colorado and nationwide, our team brings a proven track record of results to every case. They have represented families in cases involving fatal negligence and complex liability claims across Colorado and nationwide.

At our firm, hands-on case management and personalized attention are central to how cases are handled. Attorneys remain directly involved throughout the process, with a focus on responsiveness, attention to detail, and clear communication at every stage of the case.

The benefits of working with our legal team include:

• Wrongful death cases taken on a contingency fee basis – no legal fees unless we win your case
• Support of our victim advocates team
• Personalized attention from attorneys who understand wrongful death law
• Proven track record of maximizing settlements and verdicts for families
• Experience handling cases in Colorado and across the United States

When you need experienced legal representation to seek justice for your loved one, choose Bachus & Schanker, recognized as some of the best wrongful death lawyers in Colorado.

How Is The Value Of A Wrongful Death Case Determined?

The value of a wrongful death case in Colorado is broken down into three different types of damages:

• Economic: Actual financial losses, such as medical bills, lost wages, and funeral expenses.
• Non-economic: Intangible losses, such as pain and suffering, loss of companionship, and loss of intimacy.
• Punitive: These are exemplary damages awarded in cases where the defendant’s behavior or conduct was reckless or malicious enough to punish the defendant for their actions and serve as a deterrent to others.

The actual value of your wrongful death claim will vary based on the specific circumstances of your case. With the passing of HB 24-1472, changes were made to Colorado wrongful damage caps, effective for cases filed on or after January 1, 2025, as follows:

• Economic damages are not capped.
• Non-economic damages are capped at $2.125 million.
• Non-economic damages are not capped if the wrongful death was the result of a felonious killing as defined by state statute.
• Medical malpractice non-economic damages are capped at $1.575 million.
• Inflation adjustments will be made every two years, starting January 1, 2028.
• There is a cap on punitive damages that cannot exceed the total compensatory (economic and non-economic) damages awarded.

Who Pays For A Wrongful Death Attorney?

A wrongful death lawyer in Colorado is usually paid through contingency fees, meaning they only get paid after they reach a favorable settlement or verdict at trial. If they do not “win” the case, then no legal fees are due. So, no legal fees are collected upfront, making it affordable for the surviving family to file their wrongful death claim against the negligent party.

Contingency fees are calculated as a percentage of the total settlement or amount awarded at trial. They can range from 30% to 40%, with 33% being the average amount.

For example:

• Your total settlement is $1 million.
• Contingency fees are 33%.
• Net proceeds are $670,000 after legal fees are collected.

Tips For Navigating The Legal Process After The Loss Of A Loved One

It can be challenging to remain focused while grieving the loss of your loved one. However, timing is of the essence, and you should make every effort to do the following:

• Gather and document records: Obtain police reports, a witness list and their contact details, medical bills, medical records, autopsy records, funeral expenses, proof of lost wages, and anything else needed to support your claim.
• Document all communications with the insurance company: Record the date, time, and details about all communications with insurance agents and adjusters.
• Consult and hire a wrongful death lawyer: Navigating the legal processes while grieving can lead to costly mistakes. Insurance companies will also take advantage of your vulnerability. Get help ensuring maximum compensation from a professional.
• Be honest: It is crucial to share every detail with your legal team, even if it doesn’t seem important, to build a strong case.
• Be patient: It can take time to negotiate a settlement in wrongful death claims. Focus on your emotional healing and use the various support teams available to you, like our Victim’s Advocates team.

Why Hire A Wrongful Death Attorney?

Hiring a wrongful death attorney can help provide the support and guidance you need during this difficult time. It can be challenging to attempt to navigate the legal processes on your own while grieving the loss of your loved one.

Unfortunately, insurance companies are aware of your vulnerability and exploit it by offering the lowest possible settlement, while pretending to care.

Some of the numerous benefits you gain by hiring a Colorado wrongful death lawyer from Bachus & Schanker include:

• Free case evaluation and consultation.
• Contingency basis representation.
• Gathers evidence to support your claim and prove negligence.
• Maximize your compensation.
• Thorough explanation of your legal rights and legal process.
• Handles all communications and negotiations with the insurance company.
• We alleviate stress, anxiety, and worry, allowing you to grieve your loss.
• Aggressive litigation at trial, if needed.
• Kyle Bachus has first-hand experience dealing with the wrongful death of a loved one.
• Dedicated, supportive team of caring and compassionate legal experts.
• Access to our Victim’s Advocates team.
• Multiple offices across Colorado.

While no amount of money can ever replace the loss of your loved one, our wrongful death attorneys will ensure you receive the compensation you deserve for a secure financial future. Contact us now to schedule a free case evaluation and consultation. We can even meet with you at your house.

Recent Legislative Updates

As of January 1, 2025, Colorado House Bill 24-1472 made the following changes:

• Raised the non-economic damage cap to $2.125 million.
• Raised cap on medical malpractice wrongful death damages to $1.575 million.
• Damage caps will be adjusted biennially for inflation starting January 1, 2028.
• Expanded eligibility for siblings to file wrongful death claims.

Victim Advocates Support

If you are unfortunately facing the death of a loved one, we understand your loss is immeasurable. Please know that you can receive dedicated assistance from our Victim’s Advocates team, so you don’t have to navigate this difficult path alone. Our team can help draft impact statements, attend court proceedings, coordinate between criminal and civil processes, and support you and your family through logistical challenges, such as relocation or home transitions. Our team will also help connect you to grief counseling and community resources. Please remember that you are not alone. Contact Bachus & Schanker today. We can help.

View Answers To Frequently Asked Wrongful Death Questions Here

Legal Support Across Colorado and Nationwide

Serving Clients Nationwide

Wrongful Death Legal Reviews

Related Wrongful Death Resources