Losing someone because another person or company failed to act responsibly changes a family in ways no legal claim can repair. Along with grief, families may suddenly face funeral costs, lost income, unanswered questions, and uncertainty about what comes next.
A Denver wrongful death lawyer at Beem & Isley can help your family understand whether Colorado law gives you the right to bring a claim and what evidence may be needed to hold the responsible party accountable. We approach these cases as a boutique litigation firm: with personal attention, careful investigation, and preparation based on the possibility that the case may ultimately need to be presented to a Denver jury.
Colorado’s wrongful death laws are technical, particularly when determining who may file and when. You do not have to sort through those questions alone.
Contact Beem & Isley for a free, confidential case review by calling (303) 894-8100.
What Is A Wrongful Death Claim In Colorado?
A wrongful death claim is a civil action arising when another person’s wrongful act, neglect, or default causes a death and the deceased person could have pursued a claim had they survived.
Colorado Revised Statutes § 13-21-202 establishes that basic framework. The statute allows liability to continue even though the injured person can no longer bring the underlying injury claim personally.
In practical terms, a wrongful death lawsuit may arise from a fatal motor vehicle collision, unsafe property, defective product, medical negligence, or another event in which legally actionable conduct caused the death.
The purpose of the claim is not to place a dollar value on a person’s life. It provides a civil process for eligible surviving family members to seek compensation for the financial and personal losses caused by the death.
Who Can File A Wrongful Death Claim In Colorado?
Colorado does not allow any relative to file simply because they were close to the person who died. C.R.S. § 13-21-201 establishes a specific order of people who may have the right to sue, and that order can change depending on whether the claim is brought during the first or second year after the death.
Surviving Spouse And Children
A surviving spouse has important rights under Colorado’s wrongful death statute. During the first year following the death, the spouse ordinarily has priority, although the statute permits heirs to proceed upon the spouse’s written election in specified circumstances. If no spouse exists, heirs or a qualifying designated beneficiary may have the right to proceed.
During the second year, Colorado law provides additional ways in which a spouse and the deceased person’s heirs may participate in the action. Because these rules can affect who must be included in the case, families should confirm standing before a complaint is filed.
Parents Of An Unmarried Child Without Children Of Their Own
Parents may have the right to pursue a wrongful death claim when an unmarried child dies without descendants, subject to the requirements of Colorado law.
These cases can involve additional questions when parents are divorced, one parent is deceased, or family relationships do not fit a straightforward pattern.
Siblings In Limited Circumstances
Colorado expanded its wrongful death statute effective January 1, 2025, to permit siblings—or heirs of siblings—to bring an action in certain narrowly defined circumstances.
The statutory language applies where the deceased left no qualifying spouse, heirs, or designated beneficiary, or in certain cases involving an unmarried person without descendants and no surviving mother or father.
The Personal Representative And A Survival Action
A wrongful death claim should not be confused with a survival action.
Under C.R.S. § 13-20-101, a personal representative may bring or continue certain claims that belonged to the deceased person before death. A survival action can exist alongside a wrongful death action, but the available damages and legal requirements differ.
Common Causes Of Wrongful Death Cases We Handle
Wrongful death is not limited to one type of incident. The underlying cause determines which parties should be investigated, what evidence matters, and which insurance policies or other sources of recovery may apply.
Fatal Car, Truck, And Motorcycle Accidents
A fatal traffic crash may result from speeding, distraction, impairment, failure to yield, unsafe lane changes, or other negligent driving.
A fatal commercial truck case can require a broader investigation. Driver logs, electronic vehicle data, maintenance records, company safety practices, cargo information, and dispatch records may help determine whether responsibility extends beyond the driver.
Beem & Isley’s Denver car accident, truck accident, and motorcycle accident resources provide additional information about these types of claims.
Fatal Pedestrian And Bicycle Accidents
Pedestrians and bicyclists have little physical protection when struck by a motor vehicle. A fatal collision may require review of traffic signals, right-of-way rules, vehicle speed, visibility, surveillance footage, witness accounts, and electronic data.
Families can also review our pedestrian accident and bicycle accident resources.
Medical Malpractice And Hospital Negligence
Some deaths occur after an alleged diagnostic error, medication mistake, surgical complication, failure to monitor, or other departure from the applicable standard of care.
Medical malpractice wrongful death cases are subject to specialized Colorado rules, including separate limitations on certain damages. Colorado’s 2024 legislation created phased increases in the wrongful-death noneconomic-damages limits applicable to medical malpractice claims.
Premises Liability And Unsafe Property Conditions
A fatal fall, unsafe building condition, negligent security incident, or other dangerous property condition can raise questions about what the property owner or occupier knew, what duties applied, and whether reasonable steps were taken to address the hazard.
Our slip and fall page can provide additional information about Colorado premises-liability claims.
Defective Products
Manufacturers, distributors, or other businesses may face liability when a defective product contributes to a death.
These cases can require preservation of the product itself, engineering analysis, warnings and instructions, testing records, recall information, and other technical evidence.
How Colorado’s Wrongful Death Statute Works
Colorado’s Wrongful Death Act appears primarily in C.R.S. §§ 13-21-201 through 13-21-204.
C.R.S. § 13-21-202 provides that when a wrongful act, neglect, or default causes death, a person or corporation that would have been liable had the injured person survived may still be liable for damages. C.R.S. § 13-21-201 addresses who may bring the action, while § 13-21-203 addresses damages.
That framework makes two questions especially important early in a case: Who has legal standing to bring the claim, and what evidence establishes that the defendant caused the death?
The Statute Of Limitations For Wrongful Death Claims In Colorado
Colorado generally gives plaintiffs two years to commence a wrongful death action under C.R.S. § 13-80-102(1)(d).
A limited exception provides a four-year period for a wrongful death action against a defendant who committed vehicular homicide and, as part of the same criminal episode, left the scene of a crash resulting in death.
The two-year limitations period should not be confused with the first-year and second-year beneficiary rules under C.R.S. § 13-21-201. Those provisions affect who may bring the case during different periods after the death; they do not establish a general one-year statute of limitations.
Other deadlines may also apply when a government entity, medical provider, or another specially regulated defendant is involved. Families should have the deadline for their specific claim reviewed rather than relying on a general rule.
What Compensation Is Available In A Wrongful Death Case?
Compensation depends on the evidence, the identity of the beneficiaries, the deceased person’s financial contributions, applicable insurance or assets, and the legal rules governing the claim.
There is no responsible way to quote an “average wrongful death settlement” for Colorado families. A claim involving a young parent and substantial lifetime earnings may look very different from a case involving different family circumstances, contested liability, limited insurance, or statutory restrictions.
Economic Damages
Economic damages address measurable financial losses resulting from the death.
Depending on the circumstances, they may include lost earnings and financial support, lost benefits, and other economic contributions the deceased would reasonably have provided. Funeral or related final expenses may also be relevant, although the proper claimant and legal theory should be evaluated in the individual case.
Evidence may include earnings records, tax documents, employment benefits, household contributions, and expert economic analysis.
Non-Economic Damages
Colorado law also recognizes the human losses that cannot be reduced to an invoice.
C.R.S. § 13-21-203 expressly identifies forms of noneconomic loss that can include grief, loss of companionship, pain and suffering, and emotional stress suffered by eligible survivors.
Colorado’s Damage Caps In Wrongful Death Cases
Colorado significantly changed its civil damage caps through HB 24-1472, effective January 1, 2025.
For qualifying wrongful death claims accruing on or after January 1, 2025, the legislation established a $2.125 million limitation on noneconomic damages, subject to statutory exceptions and specialized rules. The statute provides an exception for a qualifying “felonious killing,” and separate limitations apply to claims involving public entities and medical malpractice.
How Wrongful Death Claims Differ From Criminal Charges
A wrongful death lawsuit is a civil case. A criminal prosecution is brought by the government to determine whether a defendant committed a criminal offense.
The two proceedings can arise from the same death but operate independently. A family may potentially pursue a civil wrongful death claim whether or not prosecutors file criminal charges, provided the facts support civil liability.
The burdens of proof, parties, procedures, and potential outcomes are also different. A criminal case can result in criminal penalties, while a wrongful death action seeks civil remedies for eligible survivors.
Evidence That Strengthens A Wrongful Death Claim
The evidence needed depends on how the death occurred, but a thorough investigation may include:
- Crash reports and photographs
- Surveillance, dashcam, or traffic-camera footage
- Witness statements
- Electronic vehicle or event-data-recorder information
- Medical and hospital records
- Autopsy or coroner records
- Employment and earnings records
- Trucking logs or company safety documents
- Property inspection and maintenance records
- Product design, testing, or manufacturing records
- Expert analysis when necessary
Evidence can disappear or become harder to obtain with time. Preserving it early does not require a family to rush into a lawsuit; it simply protects the ability to understand what happened.
What To Expect When You Work With Our Firm
Wrongful death litigation requires both careful legal work and an understanding that the people involved are dealing with more than a case file.
A Free, Confidential Case Evaluation
The first step is a conversation about what happened, your relationship to the person who died, and what information is currently available.
A Denver wrongful death attorney can then explain whether further investigation appears warranted and what Colorado law may require.
An Independent Investigation Into What Happened
Beem & Isley can investigate the evidence rather than relying solely on an insurance company’s version of events.
That may mean securing records, locating witnesses, preserving electronic information, identifying all potentially responsible parties, and consulting qualified experts when the facts require specialized analysis.
Preparing Every Case As If It Will Go To Trial
Some wrongful death claims resolve without trial. Others do not.
The firm’s approach is to develop the evidence with litigation in mind from the beginning. Trial preparation can affect how witnesses are interviewed, how documents are preserved, which experts are retained, and how damages are documented.
That preparation allows the firm’s trial lawyers to negotiate from an evidence-based position rather than assuming an insurer will voluntarily assign full value to the loss.
Why Families Choose Beem & Isley
Families looking for a Denver wrongful death law firm may not want a high-volume practice where a serious loss becomes one file among hundreds.
Beem & Isley positions itself differently. The firm combines personal attention with Colorado litigation experience and prepares substantial cases for the possibility of trial.
Call Beem & Isley For A Free, Confidential Case Review
Losing a spouse, child, parent, or other loved one because of preventable conduct can leave your family with questions that deserve careful answers.
Beem & Isley can review what happened, determine who may have the right to bring a wrongful death claim, investigate potentially responsible parties, and explain what Colorado law means for your family’s circumstances.
Speak with our Denver wrongful death attorneys about a free, confidential case review. Call (303) 894-8100.
Wrongful Death FAQ
What Is A Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil claim brought after someone’s death results from another party’s wrongful act, negligence, or legally actionable conduct.
Under Colorado law, the claim may exist when the deceased person would have been able to pursue a claim had they survived.
Who Can File A Wrongful Death Claim In Colorado?
Colorado limits who may bring a wrongful death action and gives different people rights during different periods following the death.
Depending on the family circumstances, a surviving spouse, heirs, designated beneficiary, parents, or—in limited situations—siblings or heirs of siblings may have statutory rights.
How Long Do I Have To File A Wrongful Death Claim?
Colorado’s general wrongful death statute of limitations is two years, not one year, under C.R.S. § 13-80-102(1)(d). A specialized four-year rule applies to certain cases involving vehicular homicide combined with leaving the scene of the fatal crash.
Other defendants and causes of action may trigger different procedural requirements, so the applicable deadline should be evaluated individually.
Is A Wrongful Death Case The Same As A Criminal Case?
No. A wrongful death lawsuit is a civil action brought by eligible survivors, while a criminal prosecution is pursued by the government.
A civil claim can potentially proceed even if no criminal charges are filed.
What Is The Average Settlement For A Wrongful Death Case In Colorado?
There is no meaningful average that can reliably predict what an individual family’s case is worth.
Value can depend on the strength of the liability evidence, the deceased person’s income and financial contributions, the identities and losses of the survivors, available insurance or assets, applicable statutory damage limits, and whether liability or damages are disputed.
