Part 1: Understanding Wrongful Death in Colorado
A wrongful death occurs when someone dies due to another party's negligence, recklessness, or intentional misconduct. Colorado's Wrongful Death Act, codified in C.R.S. § 13-21-201 through 13-21-204, provides surviving family members the right to seek compensation for their losses.
The Legal Foundation of Wrongful Death Claims
Before Colorado's Wrongful Death Act, when someone died due to another's negligence, their legal claims died with them. This meant that it was literally cheaper to kill someone than to injure them—a morally repugnant outcome that the law corrected. Today, wrongful death statutes ensure that those responsible for causing death through negligence face civil liability.
The Colorado Wrongful Death Act serves three primary purposes:
- Compensation: Providing financial support to family members who depended on the deceased
- Accountability: Holding negligent parties responsible for their actions
- Deterrence: Encouraging safer conduct to prevent future deaths
Key Legal Principle
Wrongful death claims are civil actions, not criminal cases. While the state may pursue criminal charges for homicide, manslaughter, or vehicular homicide, families can simultaneously pursue civil wrongful death claims. The burden of proof is lower in civil cases (preponderance of evidence vs. beyond reasonable doubt), meaning you can win a wrongful death case even if criminal charges are dropped or result in acquittal.
Elements Required to Prove Wrongful Death
To succeed in a Colorado wrongful death claim, you must prove four essential elements:
- Death of a human being: This seems obvious but is a legal requirement. The person must have died, not merely been injured, no matter how severely.
- Caused by another's negligence or wrongful act: You must show the defendant owed a duty of care to the deceased, breached that duty, and the breach directly caused the death.
- Survival of family members who are suffering monetary injury: There must be surviving beneficiaries who have suffered financial losses due to the death.
- Appointment of a personal representative: While not always immediately necessary, a personal representative may need to be appointed for the estate, especially if filing occurs in the second year after death.
Wrongful Death vs. Survival Actions
Colorado recognizes two distinct types of claims when someone dies due to negligence:
| Aspect | Wrongful Death Claim | Survival Action |
|---|---|---|
| Purpose | Compensate family for their losses | Recover damages the deceased could have claimed if they survived |
| Who benefits | Surviving spouse, children, parents | Estate (distributed per will or intestacy) |
| Damages | Future lost income, loss of companionship | Medical bills, pain & suffering before death |
| Who files | Specific statutory beneficiaries | Personal representative of estate |
Understanding this distinction is crucial because both claims may be available, potentially significantly increasing the total recovery for the family.
Part 2: Who Can File a Wrongful Death Lawsuit & When
Colorado has unique rules about who can file a wrongful death lawsuit and when they can file. Unlike many states that allow any heir to file immediately, Colorado creates a priority system that changes over time.
The Colorado Filing Hierarchy
First Year After Death (Year One)
During the first year following the death, Colorado law grants exclusive filing rights in this order:
- Surviving Spouse: Has the exclusive right to file
- Children (if no spouse): May file only if there's no surviving spouse
- Parents (if no spouse or children): May file only if there's no surviving spouse or children
Note: The spouse may elect to allow children to join the lawsuit or may enter a written agreement allowing children to file independently.
Second Year After Death (Year Two)
During the second year, the filing rights expand:
- Surviving Spouse OR Children: Either may file independently
- Parents (if no spouse or children): Continue to have rights if no spouse or children exist
- Personal Representative: May file on behalf of the beneficiaries
Special Situations in Filing Rights
Putative Spouses
Colorado recognizes "putative spouses"—those who believed in good faith they were legally married, even if the marriage was invalid. Putative spouses have the same wrongful death filing rights as legal spouses, though they may need to prove their good faith belief in court.
Designated Beneficiaries
Under Colorado's Designated Beneficiary Agreement Act, unmarried couples can enter agreements granting each other certain rights. However, these agreements do not confer wrongful death standing—only legal spouses and putative spouses have spousal filing rights.
Adopted Children and Stepchildren
Legally adopted children have full rights as biological children would. Stepchildren generally do not have standing unless they were legally adopted by the deceased. This can create heartbreaking situations where stepchildren who were raised by the deceased from infancy have no legal standing to pursue wrongful death claims.
The Critical Two-Year Statute of Limitations
Colorado imposes a strict two-year statute of limitations for wrongful death claims, starting from the date of death—not the date of injury or the date you discovered the cause of death. Missing this deadline typically bars your claim forever.
Critical Exceptions to the Two-Year Rule
- Motor Vehicle Accidents: May be extended to 4 years under C.R.S. § 13-80-101(1)(n)
- Government Entity Defendants: Requires notice within 182 days under the Colorado Governmental Immunity Act
- Criminal Prosecution Pending: The statute may be tolled during pending criminal proceedings in certain circumstances
- Fraudulent Concealment: If the defendant concealed their role in causing death, the statute may be extended
Given these complexities and strict deadlines, consulting with a Denver wrongful death attorney immediately after a loved one's death is crucial to preserve your rights.
Part 3: Common Causes of Wrongful Death in Colorado
Wrongful deaths occur in countless ways, but certain scenarios appear repeatedly in Colorado courts. Understanding these common causes helps families recognize when they may have a valid claim.
Motor Vehicle Accidents: The Leading Cause
Traffic accidents remain the leading cause of wrongful death claims in Colorado. In 2023 alone, Colorado recorded over 750 traffic fatalities. These deaths often result from:
- Drunk Driving: Despite strict DUI laws, impaired driving kills hundreds annually in Colorado
- Distracted Driving: Texting, phone calls, and other distractions cause increasingly deadly crashes
- Speeding & Reckless Driving: Excessive speed reduces reaction time and increases impact severity
- Commercial Truck Accidents: The size disparity makes truck crashes particularly deadly
- Motorcycle Accidents: Lack of protection leads to higher fatality rates
- Pedestrian & Bicycle Accidents: Urban areas see tragic strikes of vulnerable road users
Mountain driving presents unique dangers in Colorado. Steep grades, sudden weather changes, and altitude effects contribute to fatal crashes on I-70, US-285, and other mountain corridors. Ski traffic during winter months increases congestion and accident risks. Our car accident attorneys understand these unique Colorado factors.
Medical Malpractice: When Healthcare Fails
Medical errors are the third leading cause of death in the United States. Common medical malpractice scenarios leading to wrongful death include:
Diagnostic Errors
- Failure to diagnose cancer
- Missed heart attack symptoms
- Undiagnosed infections leading to sepsis
- Failure to order appropriate tests
Surgical Errors
- Anesthesia overdoses
- Surgical instruments left inside patients
- Wrong-site surgeries
- Post-operative infection from poor care
Medication Errors
- Wrong medication prescribed
- Incorrect dosage administered
- Failure to check for drug interactions
- Allergic reactions ignored
Birth Injuries
- Failure to monitor fetal distress
- Delayed C-section decisions
- Improper use of forceps/vacuum
- Failure to treat maternal complications
Colorado's medical malpractice laws include specific requirements like certificates of review and damage caps that make these cases complex. Expert testimony is always required to prove the standard of care was breached.
Workplace Accidents: When Jobs Turn Deadly
Colorado's construction, mining, and energy sectors see significant workplace fatalities. While workers' compensation typically provides exclusive remedy for workplace deaths, exceptions exist:
- Third-Party Liability: Equipment manufacturers, subcontractors, or property owners may be liable beyond workers' comp
- Intentional Acts: Employer conduct that's substantially certain to cause death
- Toxic Exposure: Long-term exposure to asbestos, chemicals, or other hazardous materials
Construction sites are particularly dangerous. Falls from height, electrocutions, being struck by objects, and being caught in/between equipment (the "Fatal Four") account for the majority of construction deaths. Oil and gas workers face explosion risks, hydrogen sulfide exposure, and equipment failures.
Product Liability: Defective Products That Kill
When defective products cause death, manufacturers, distributors, and retailers may be held strictly liable. Common deadly product defects include:
- Vehicle Defects: Faulty brakes, airbags that don't deploy, tire blowouts, roof crush in rollovers
- Pharmaceutical Drugs: Undisclosed side effects, contaminated medications, dangerous drug interactions
- Medical Devices: Defective pacemakers, hip implants, surgical mesh
- Consumer Products: Space heaters that cause fires, cribs that suffocate infants, ladder collapses
Premises Liability: Dangerous Property Conditions
Property owners have a duty to maintain safe conditions. Fatal premises liability incidents include:
- Slip and Fall: Especially dangerous for elderly victims, falls can cause fatal head injuries
- Inadequate Security: Failure to provide adequate lighting, locks, or security in high-crime areas
- Swimming Pool Drownings: Lack of fencing, supervision, or safety equipment
- Building Code Violations: Structural failures, fire code violations, carbon monoxide poisoning
Nursing Home Neglect & Abuse
Colorado's aging population faces increasing risks in long-term care facilities. Fatal neglect and abuse include:
- Medication errors or overmedication
- Failure to prevent or treat bedsores leading to fatal infections
- Malnutrition and dehydration
- Falls due to inadequate supervision
- Physical abuse by staff or other residents
Recreational Accidents: Colorado's Outdoor Dangers
Colorado's outdoor recreation industry creates unique wrongful death scenarios:
- Skiing/Snowboarding: Lift malfunctions, collisions with negligent skiers, inadequate trail marking. See our skiing accident page for details
- Whitewater Rafting: Guide negligence, equipment failures, failure to screen for swimming ability
- Rock Climbing: Defective equipment, guide errors, inadequate safety protocols
- ATV/Off-Road: Rollover accidents, inadequate instruction, defective vehicles
Part 4: Damages & Compensation in Wrongful Death Cases
While no amount of money can replace a loved one, Colorado law recognizes that families suffer real financial and emotional losses that deserve compensation. Understanding the types of damages available and how they're calculated is crucial for ensuring families receive fair compensation.
Economic Damages: The Financial Impact
Economic damages compensate for measurable financial losses resulting from the death. Colorado places no cap on economic damages, recognizing that families shouldn't bear the financial burden of another's negligence.
Lost Income and Benefits
The largest component of economic damages typically involves the deceased's lost earnings. This calculation considers:
- Current Income: Base salary, bonuses, commissions, and overtime
- Future Raises: Projected salary increases based on historical patterns and industry standards
- Work-Life Expectancy: How many years the deceased would have continued working
- Benefits Package: Health insurance, retirement contributions, stock options, paid time off
Example Calculation: 40-Year-Old Professional
- • Current Annual Salary: $75,000
- • Benefits Value: $25,000/year
- • Expected Work Years Remaining: 27
- • Projected Raises: 3% annually
- • Present Value of Lost Earnings: $2.1 million
Note: Actual calculations require economic experts who consider inflation, discount rates, and individual circumstances.
Lost Household Services
Even if the deceased didn't work outside the home, their household contributions have economic value:
- Childcare (average cost: $15,000-$25,000/year per child)
- Cooking and meal preparation ($5,000-$8,000/year)
- House cleaning and maintenance ($3,000-$6,000/year)
- Transportation and errands ($2,000-$4,000/year)
- Home repairs and improvements ($2,000-$5,000/year)
Medical and Funeral Expenses
Families can recover all reasonable medical expenses incurred between injury and death, plus funeral and burial costs. In Colorado, average funeral costs range from $7,000-$15,000, but elaborate services may justify higher awards.
Non-Economic Damages: The Human Loss
Non-economic damages compensate for intangible losses—the grief, suffering, and loss of companionship that can't be measured in dollars. These damages recognize that the value of human life extends far beyond earning capacity.
Types of Non-Economic Damages
- Grief and Sorrow: The emotional pain of losing a loved one
- Loss of Companionship: Losing the deceased's company, society, and comfort
- Loss of Consortium: For spouses, the loss of marital relationship including affection and intimacy
- Loss of Parental Guidance: For children, losing a parent's care, training, and education
- Mental Anguish: Psychological suffering resulting from the loss
Colorado's Damage Caps and Exceptions
Non-Economic Damage Caps (2024)
Colorado generally caps non-economic damages in wrongful death cases at:
- $613,760 (adjusted for inflation from original $250,000 cap)
- Can be increased to $1,227,530 upon "clear and convincing evidence"
Important Exceptions - No Caps Apply If:
- Death was caused by a felonious killing
- Defendant was driving under the influence
- Defendant was a minor driving without a license
Solatium Damages: Colorado's Unique Provision
Colorado is one of few states that specifically allows "solatium" damages—compensation purely for grief. These damages are available to the spouse, children, and parents of the deceased. While included in the non-economic damage cap, solatium recognizes that grief itself is a compensable injury.
Punitive Damages: Punishing Egregious Conduct
When the defendant's conduct was particularly reckless or malicious, punitive damages may be available to punish the wrongdoer and deter similar conduct. Colorado law requires:
- Proof "beyond a reasonable doubt" that defendant's conduct was attended by circumstances of fraud, malice, or willful and wanton conduct
- Punitive damages cannot exceed actual damages (1:1 ratio)
- Common scenarios: drunk driving, intentional acts, extreme recklessness
How Damages Are Distributed
Colorado law determines how wrongful death damages are distributed among survivors:
| Survivors | Distribution |
|---|---|
| Spouse only | 100% to spouse |
| Spouse and children | 50% to spouse, 50% divided among children (unless court orders otherwise) |
| Children only | Divided equally among children |
| Parents only | Divided equally between parents |
Tax Implications of Wrongful Death Settlements
Generally, wrongful death settlements are not taxable income under federal law:
- Non-Taxable: Compensation for physical injury or death, emotional distress, loss of consortium
- Potentially Taxable: Punitive damages, interest earned on settlement after receipt
- Estate Taxes: Wrongful death proceeds typically bypass the estate and aren't subject to estate taxes
Always consult with a tax professional as individual circumstances vary.
Part 5: The Legal Process Step-by-Step
Understanding the wrongful death legal process helps families know what to expect and why each step matters. While every case is unique, most follow a similar path from initial consultation to resolution.
Step 1: Immediate Actions After Death (Days 1-7)
Critical First Steps
- Secure Evidence: Take photos, get police reports, preserve physical evidence
- Document Everything: Medical records, death certificate, witness information
- Avoid Statements: Don't discuss fault with insurance companies
- Contact an Attorney: Early consultation preserves options and evidence
Step 2: Investigation Phase (Weeks 1-12)
A thorough investigation forms the foundation of your case. Your attorney will:
- Gather Evidence: Police reports, medical records, employment records, photos/videos
- Interview Witnesses: Get statements while memories are fresh
- Hire Experts: Accident reconstructionists, medical experts, economists
- Identify Defendants: Determine all potentially liable parties and insurance coverage
- Preserve Evidence: Send spoliation letters to prevent destruction of evidence
Step 3: Filing the Lawsuit (Months 2-6)
While some cases settle before filing, most wrongful death cases require filing a formal lawsuit to maximize recovery:
- Draft Complaint: Legal document outlining claims, defendants, and damages sought
- File with Court: Submit to appropriate Colorado district court (usually where death occurred)
- Serve Defendants: Formally notify all defendants of the lawsuit
- Defendants Answer: They have 21 days (in-state) or 35 days (out-of-state) to respond
Step 4: Discovery Phase (Months 6-18)
Discovery allows both sides to gather information through formal legal processes:
Written Discovery
- Interrogatories: Written questions requiring written answers under oath
- Requests for Production: Demands for documents, records, evidence
- Requests for Admission: Asking defendants to admit or deny specific facts
Depositions
- Sworn testimony outside court
- Question witnesses and parties
- Lock in testimony for trial
- Evaluate credibility
Step 5: Settlement Negotiations (Ongoing)
Most wrongful death cases (over 95%) settle before trial. Settlement discussions can occur at any stage but typically intensify after discovery when both sides understand the evidence.
Mediation
Colorado courts often require mediation—a formal settlement conference with a neutral mediator who helps parties reach agreement. Mediation is:
- Confidential (discussions can't be used at trial)
- Non-binding (no requirement to settle)
- Often successful (60-80% of cases settle at mediation)
- Less expensive than trial
Step 6: Trial (If Necessary)
If settlement fails, your case proceeds to trial. Colorado wrongful death trials typically last 3-7 days:
- Jury Selection: Choose 6-12 jurors through voir dire process
- Opening Statements: Each side presents their theory of the case
- Plaintiff's Case: Present evidence and witnesses proving negligence and damages
- Defense Case: Defendant presents their evidence and witnesses
- Closing Arguments: Attorneys summarize evidence and argue for verdict
- Jury Deliberation: Jury decides liability and damages
- Verdict: Jury announces decision (must be unanimous in Colorado)
Step 7: Post-Trial and Appeals
After a verdict, several things may happen:
- Post-Trial Motions: Losing party may ask judge to overturn or reduce verdict
- Appeals: Either side can appeal legal errors to Colorado Court of Appeals
- Collection: If you win, collecting judgment may require additional legal action
Timeline Expectations
Typical Wrongful Death Case Timeline
- • Simple cases with clear liability: 6-12 months
- • Moderate complexity cases: 12-24 months
- • Complex cases (medical malpractice, products): 2-4 years
- • Cases involving government entities: 18-36 months
Note: Every case is unique. Your attorney can provide more specific timeline estimates.
Part 6: Proving Your Wrongful Death Case
Success in a wrongful death case requires proving specific legal elements by a "preponderance of the evidence"—meaning it's more likely than not that the defendant's negligence caused your loved one's death.
The Four Elements of Negligence
1. Duty of Care
The defendant owed a legal duty to act reasonably to avoid harming others. Examples:
- Drivers must operate vehicles safely
- Doctors must meet professional standards of care
- Property owners must maintain safe premises
- Manufacturers must produce safe products
2. Breach of Duty
The defendant failed to meet their duty through action or inaction. Examples:
- Running a red light
- Misdiagnosing a treatable condition
- Failing to fix known hazards
- Selling defective products
3. Causation
The breach directly caused the death. Must prove both:
- Cause in fact: "But for" the defendant's actions, death wouldn't have occurred
- Proximate cause: Death was a foreseeable consequence of the breach
4. Damages
The death resulted in compensable losses to survivors:
- Economic losses (lost income, services)
- Non-economic losses (grief, companionship)
- Funeral and medical expenses
Types of Evidence in Wrongful Death Cases
Documentary Evidence
- Official Records: Police reports, autopsy reports, death certificates
- Medical Records: Treatment records, diagnostic tests, physician notes
- Employment Records: Pay stubs, tax returns, benefits documentation
- Photographs/Video: Accident scene, injuries, surveillance footage
Witness Testimony
- Eyewitnesses: People who saw the incident occur
- Character Witnesses: Family, friends who can testify about relationships
- Treating Physicians: Doctors who treated the deceased
- First Responders: EMTs, police officers at the scene
Expert Testimony
Complex cases often require expert witnesses to explain technical aspects:
Medical Experts
- Standard of care in malpractice
- Cause of death
- Pain and suffering before death
- Life expectancy calculations
Economic Experts
- Lost earning capacity
- Value of household services
- Present value calculations
- Inflation projections
Accident Reconstruction
- Vehicle speeds and positions
- Impact forces
- Visibility conditions
- Mechanical failures
Safety Experts
- Industry safety standards
- Product defects
- Workplace safety violations
- Building code compliance
Common Defense Strategies and How to Overcome Them
Comparative Negligence
Colorado follows modified comparative negligence rules. Defendants often argue the deceased was partially at fault to reduce or eliminate liability.
How Comparative Fault Works
- If deceased was less than 50% at fault: Recovery reduced by percentage of fault
- If deceased was 50% or more at fault: No recovery allowed
- Example: $1 million verdict with 30% fault = $700,000 recovery
Counter-strategies:
- Emphasize defendant's greater fault
- Show deceased's actions were reasonable under circumstances
- Prove defendant had "last clear chance" to avoid harm
Assumption of Risk
Defendants may argue the deceased voluntarily assumed known risks. Common in:
- Recreational activities (skiing, climbing)
- Dangerous occupations
- Medical procedures
Counter-strategy: Show risks exceeded what was reasonably expected or defendant increased dangers beyond inherent risks.
Pre-Existing Conditions
Defense may claim pre-existing health conditions, not their negligence, caused death.
Counter-strategy: Apply "eggshell plaintiff" rule—defendants take victims as they find them. Even if pre-existing conditions made death more likely, defendants are still liable if their negligence was a substantial factor.
Part 7: Special Circumstances & Considerations
Certain wrongful death cases involve unique legal issues requiring specialized knowledge and approaches. Understanding these special circumstances is crucial for maximizing recovery.
Government Entity Defendants
When a government entity or employee causes wrongful death, the Colorado Governmental Immunity Act (CGIA) creates additional hurdles:
Critical CGIA Requirements
- 182-Day Notice: Must file written notice within 182 days of death
- Damage Caps: Limited to $387,000 per person, $1,093,000 per occurrence (2024)
- Limited Liability: Many government functions are immune from suit
- No Punitive Damages: Cannot recover punitive damages against government
Common government liability scenarios include:
- Police pursuits and excessive force
- Dangerous road conditions
- Public hospital malpractice
- School bus accidents
- Building inspection failures
Multiple Defendants and Insurance Coverage
Complex accidents often involve multiple potentially liable parties, each with separate insurance:
| Scenario | Potential Defendants | Insurance Sources |
|---|---|---|
| Truck accident | Driver, trucking company, cargo loader, maintenance company | Multiple commercial policies, often $1M+ |
| Construction death | General contractor, subcontractors, property owner, equipment manufacturer | CGL policies, umbrella coverage |
| Medical malpractice | Doctors, nurses, hospital, medical device company | Professional liability, hospital coverage |
Out-of-State Deaths and Jurisdiction
When a Colorado resident dies in another state, or a non-resident dies in Colorado, jurisdictional issues arise:
- Choice of Law: Which state's wrongful death laws apply?
- Venue: Where can/should the lawsuit be filed?
- Service of Process: How to serve out-of-state defendants
- Damage Differences: States have vastly different damage caps and rules
Criminal Prosecution and Civil Claims
When criminal charges are filed (DUI, homicide, assault), parallel civil proceedings require careful coordination:
Advantages
- Criminal conviction helps prove civil liability
- Police investigation provides evidence
- Defendant's testimony can be used
- Public pressure for accountability
Challenges
- Civil case may be stayed pending criminal trial
- Fifth Amendment protections limit discovery
- Criminal acquittal may influence jury
- Restitution may reduce civil recovery
Wrongful Death in Special Industries
Aviation Accidents
- Federal law often preempts state law
- NTSB investigation provides crucial evidence
- International treaties may apply (Warsaw/Montreal Conventions)
- Strict liability for certain defects
Maritime/Admiralty
- Jones Act for seamen
- Death on High Seas Act
- Different damage rules than state law
- Federal court jurisdiction
Railroad
- Federal Employers Liability Act (FELA) for railroad workers
- Federal preemption issues
- Comparative negligence rules differ
Unique Damage Considerations
Death of Children
Tragically, when a child dies, damage calculations differ significantly:
- No established earnings history
- Focus on loss of companionship and grief
- Potential future earnings speculative
- Colorado allows recovery for loss of child's companionship
Death of Elderly
Elderly victims present unique valuation challenges:
- Limited lost earnings (if retired)
- Shorter life expectancy
- Focus on pain/suffering before death
- Value of lost companionship to spouse
Part 8: Choosing the Right Wrongful Death Attorney
Selecting the right attorney may be the most important decision you make in pursuing justice for your loved one. The attorney you choose will guide you through one of life's most difficult journeys while fighting powerful defendants and insurance companies.
Essential Qualifications to Look For
Experience That Matters
- Specific wrongful death case experience
- Track record of substantial settlements/verdicts
- Trial experience (not just settlements)
- Experience with your specific type of case
- Years practicing in Colorado
Resources & Capabilities
- Financial resources to fund litigation
- Access to top expert witnesses
- Support staff and technology
- Time to dedicate to your case
- Relationships with specialized co-counsel if needed
Questions to Ask During Your Consultation
Experience Questions
- How many wrongful death cases have you handled?
- What were the results of your last five wrongful death cases?
- Have you handled cases involving [specific cause of death]?
- How many wrongful death cases have you taken to trial?
- Will you personally handle my case or delegate to associates?
Process Questions
- What is your assessment of my case?
- What challenges do you foresee?
- What is the likely timeline?
- How will you keep me informed of progress?
- Who else will work on my case?
Financial Questions
- What is your fee structure?
- What percentage do you charge if we settle vs. go to trial?
- Who pays for case expenses (experts, depositions, etc.)?
- What happens if we lose?
- Can you provide a written fee agreement?
Red Flags to Avoid
Warning Signs of Attorneys to Avoid
- Guarantees a specific outcome or dollar amount
- Pressures you to sign immediately
- Has no wrongful death experience
- Won't provide references or past case results
- Delegates everything to paralegals
- Takes cases outside their expertise
- Has disciplinary actions on state bar record
- Requires upfront payment for wrongful death cases
Understanding Attorney Fees
Most wrongful death attorneys work on contingency, meaning they only get paid if you win. Typical fee structures:
- Standard Contingency: 33-40% of recovery
- Sliding Scale: Lower percentage for settlement, higher for trial
- Case Expenses: May be advanced by attorney or paid as incurred
Typical Case Expenses
- Filing fees: $500-1,500
- Expert witnesses: $5,000-50,000+
- Depositions: $1,000-3,000 each
- Medical record retrieval: $500-2,000
- Accident reconstruction: $5,000-15,000
- Trial exhibits: $2,000-10,000
Quality attorneys advance these costs and only recover them if you win.
Why Local Colorado Experience Matters
Colorado wrongful death law has unique features requiring local expertise:
- Specific filing hierarchy and timing rules
- Unique damage caps and exceptions
- Colorado Governmental Immunity Act requirements
- Relationships with local judges and court staff
- Knowledge of local jury attitudes and verdicts
- Familiarity with opposing counsel and their tactics
Moving Forward: Your Path to Justice
Losing a loved one to someone else's negligence creates a wound that never fully heals. While no amount of money can bring them back, pursuing a wrongful death claim serves important purposes: holding wrongdoers accountable, preventing future tragedies, and providing financial security for your family's future.
The path ahead won't be easy. Insurance companies will minimize your loss. Defense attorneys will challenge your claims. The legal process will test your patience. But with the right legal representation and a clear understanding of your rights, you can achieve justice for your loved one.
Remember These Key Points
- Time is critical—Colorado's statute of limitations is unforgiving
- Evidence disappears quickly—immediate action preserves your rights
- You have specific rights under Colorado law—don't let them go unprotected
- Insurance companies are not your friends—get representation before speaking with them
- Every case is unique—cookie-cutter approaches fail
- Justice is possible—thousands of Colorado families have found closure through the legal system
You don't have to navigate this journey alone. Experienced wrongful death attorneys can shoulder the legal burden while you focus on healing and remembering your loved one.
