If you have lost a loved one due to someone else’s negligence in Colorado, understanding your legal rights is a critical first step toward justice. This guide covers Colorado’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Beyond the grief, families often face significant financial hardship and a confusing legal landscape when deciding how to pursue justice. Colorado’s wrongful death laws are evolving – particularly in the area of medical malpractice damage caps – and experienced legal guidance is essential to navigating these changes.
Colorado Wrongful Death Laws
The Colorado Wrongful Death Statute
Colorado’s wrongful death law is governed by Colorado Revised Statutes § 13-21-202. The statute allows certain family members to file the wrongful death claim directly. Colorado follows a compensatory damages framework, allowing families to recover for both financial and emotional losses.
Who Can File
Colorado allows the spouse, children, or parents of the deceased to file the wrongful death lawsuit directly, without the need for a court-appointed Personal Representative. This direct filing right makes the process more accessible for families during a difficult time.
Statute of Limitations
Colorado imposes a 2-year statute of limitations for wrongful death claims, measured from the date of death. Missing this deadline permanently bars the family from pursuing a civil claim.
Recoverable Damages
Colorado allows recovery for pecuniary loss, grief, and loss of companionship. Colorado House Bill 24-1472 (effective January 1, 2025) significantly restructured damage caps statewide. For general wrongful death claims (non-medical malpractice), HB24-1472 sets a cap of $2,125,000 on wrongful death damages for cases filed on or after January 1, 2025, with inflation adjustments beginning in 2028. For medical malpractice wrongful death claims, a separate, lower phased cap applies: $555,000 in 2025, $810,000 in 2026, $1,065,000 in 2027, $1,320,000 in 2028, and $1,575,000 in 2029, after which it adjusts biennially for inflation. Additionally, HB24-1472 now permits siblings of the deceased to bring wrongful death claims under certain circumstances — a significant expansion of standing. Economic damages remain uncapped under all frameworks.
Survival Action
Colorado maintains a separate survival action alongside the wrongful death claim. The survival action allows the estate to recover for the deceased’s own pre-death losses, including pain and suffering, medical expenses incurred before death, and lost earnings during the period between injury and death.
Top 3 Wrongful Death Attorneys in Colorado
1. Burg Simpson Eldredge Hersh & Jardine, P.C.
Location: Englewood, CO (Serving statewide and nationally)
Phone: (303) 792-5595
Website: https://burgsimpson.com
Burg Simpson is a powerhouse in Colorado with dedicated departments for catastrophic injury, defective products, and medical malpractice. Their deep medical-legal expertise is essential for navigating Colorado’s shifting non-economic damage caps under HB24-1472. They ensure families get the maximum allowable compensation for grief and loss of companionship, and their resources allow them to pursue complex cases against hospitals, major manufacturers, and large corporations.
2. Bachus & Schanker, LLC
Location: Denver, CO (Offices in Colorado Springs, Fort Collins, and throughout the state)
Phone: (303) 222-2222
Website: https://coloradolaw.net
One of the most recognizable personal injury firms in Colorado. They have an elite catastrophic injury and wrongful death litigation team. They are highly skilled at utilizing top-tier economists to calculate uncapped pecuniary losses – future lost wages, benefits, and household services – to offset the state’s historical limits on non-economic damages in medical malpractice cases. Their statewide presence and name recognition also carry weight in settlement negotiations.
3. Zaner Harden Law
Location: Denver, CO
Phone: (720) 613-9706
Website: https://zanerhardenlaw.com
Key Attorneys: Marc Zaner, Kurt Harden
This is a high-stakes, aggressive trial firm that frequently takes cases other attorneys turn down. They are intimately familiar with the separate survival actions available in Colorado and regularly pursue both the wrongful death claim and the survival action simultaneously to aggressively maximize the defendant’s total financial exposure. Their willingness to take difficult cases to trial is a significant advantage in negotiations.
Frequently Asked Questions
How does Colorado’s evolving medical malpractice cap affect my case?
If your loved one died due to medical negligence, the wrongful death damage cap that applies depends on when the incident occurred. For incidents before January 1, 2025, the previous $300,000 non-economic cap may apply. For incidents on or after January 1, 2025, the new medical malpractice wrongful death cap schedule applies: $555,000 in 2025, $810,000 in 2026, $1,065,000 in 2027, $1,320,000 in 2028, and $1,575,000 in 2029, with biennial inflation adjustments thereafter. Note that the $875,000 figure in HB24-1472 refers to the separate non-economic cap for medical malpractice personal injury claims — not wrongful death. The wrongful death cap is higher. Economic damages remain uncapped. Confirming the applicable cap with an attorney based on the specific incident date is essential.
Who can file a wrongful death lawsuit in Colorado?
Colorado allows the spouse, children, or parents of the deceased to file directly. This is more convenient than states requiring a court-appointed Personal Representative. If multiple eligible family members exist, coordination among plaintiffs is important to ensure all claims are properly presented in a single unified action.
What is the difference between a wrongful death claim and a survival action?
The wrongful death claim compensates the surviving family members for their own losses – financial support, grief, and companionship. The survival action compensates the estate for what the deceased personally suffered between the time of injury and death, including their own pain and suffering and medical bills. Colorado allows both claims to be pursued simultaneously.
Does the outcome of a criminal case affect my civil claim?
No. A civil wrongful death lawsuit and any criminal prosecution operate entirely independently.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney as soon as possible. The 2-year deadline begins running from the date of death. Preserve any evidence related to the incident. Obtain a copy of the death certificate and any accident or incident reports. Do not speak with the responsible party’s insurance company without first consulting an attorney.
Closing
Colorado’s wrongful death framework provides families with meaningful legal tools, and the recent changes to medical malpractice caps represent a significant improvement in plaintiff protections. The firms listed above have the resources and expertise to guide families through Colorado’s legal landscape while pursuing maximum compensation. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today for a free, confidential consultation.
For immediate grief support resources, contact the National Alliance for Grieving Children at (866) 432-1542.