Colorado Wrongful Death Claims: A Guide for Grieving Families

A wrongful death claim won't bring your loved one back. But it can hold the responsible party accountable, ease the financial burden your family now faces, and give you a measure of justice that pure grief cannot.

At Anderson Hemmat, we have guided Colorado families through wrongful death cases for over 30 years. We know how hard this is. And we know how important it is to get it right.

What Is a Wrongful Death Claim in Colorado?

A wrongful death claim is a civil lawsuit filed on behalf of a deceased person's surviving family members. It allows those family members to seek financial compensation when their loved one's death was caused by another party's negligence, recklessness, or intentional wrongdoing.

Wrongful death cases in Colorado are governed by C.R.S. § 13-21-201 and arise from many types of accidents and incidents, including car accidents, commercial truck crashes, motorcycle collisions, pedestrian accidents, slip and fall incidents, and medical negligence.

A wrongful death claim is separate from any criminal proceedings against the at-fault party. You do not need a criminal conviction, or even a criminal charge to pursue a wrongful death case. The burden of proof in civil court is lower, and many families successfully recover compensation even when criminal charges were never filed.

Who Can File a Wrongful Death Claim in Colorado?

Colorado law specifies exactly who has the right to bring a wrongful death lawsuit, and this is an area where the law recently changed significantly.

Under C.R.S. § 13-21-201, the following individuals may file a wrongful death claim:

• The surviving spouse of the deceased

• Children of the deceased (if there is no surviving spouse, or jointly with the surviving spouse in the second year after death)

• Parents of the deceased, in limited circumstances when no spouse or children survive

• Siblings of the deceased this is a newly recognized right under House Bill 24-1472, which took effect January 1, 2025

The sibling provision is a meaningful expansion of Colorado law. Previously, brothers and sisters of the deceased had no legal standing to sue, even when they were deeply affected by the loss. Under the new law, a sibling may file a wrongful death action if there is no surviving spouse, heir, or designated beneficiary and if they file within two years of the date of death.

If you are unsure whether you have standing to file, call our office. These questions are exactly what a free case evaluation is designed to answer.

What Damages Can Your Family Recover?

Colorado wrongful death claims allow surviving family members to pursue both economic and noneconomic damages.

Economic damages include quantifiable financial losses such as the deceased's lost future earnings and income, lost benefits and retirement contributions, funeral and burial expenses, and medical bills incurred before death.

Noneconomic damages cover losses that are harder to put a dollar figure on grief, loss of companionship, emotional suffering, and loss of the care and guidance the deceased would have provided. These are very real losses, and Colorado law now recognizes them more fully than it ever has before.

As of January 1, 2025, Colorado's cap on noneconomic damages in wrongful death cases was raised from approximately $679,990 to $2,125,000 under HB24-1472. This is one of the most significant shifts in Colorado tort law in decades and materially affects what your family may be able to recover.

This cap applies to cases filed on or after January 1, 2025 regardless of when the accident occurred. If your loved one passed away before 2025 but you have not yet filed suit, you may still be entitled to the higher cap. Given the two-year statute of limitations on wrongful death claims in Colorado (C.R.S. § 13-21-204), time matters enormously.

Why Wrongful Death Cases Are Complex And Why You Need a Trial-Ready Attorney

Insurance companies move quickly after a fatal accident. Adjusters will contact surviving family members early, often while grief is still raw, with settlement offers designed to close the case cheaply before a lawyer gets involved.

Those initial offers are almost never adequate. They rarely account for the full measure of your family's loss future income over a full career, the long-term emotional toll, the years of guidance and companionship that will never come. Insurance companies count on families not knowing what their claim is actually worth.

This is where having a Colorado wrongful death attorney one who is genuinely prepared to take your case to trial changes everything.

Insurance adjusters know which firms settle early and which firms fight. When the other side knows your attorney will take the case to a jury if necessary, settlement offers change. Dramatically. At Anderson Hemmat, we have spent more than three decades building a reputation as attorneys who are not afraid of a courtroom. That reputation works in our clients' favor long before any trial begins.

If you're working with us on a wrongful death case, you will never feel like just a file number. Our boutique firm model means low client-to-attorney ratios, direct access to your legal team, and regular updates so you always know where your case stands. No communication black holes. No confusing legal jargon without a plain-English explanation.

If you've lost a loved one and you're not sure what your family's options are, contact Anderson Hemmat today for a free case evaluation. There's no obligation, no upfront cost, and we only collect a fee if we win.

How Long Do You Have to File?

In Colorado, the statute of limitations for wrongful death claims is two years from the date of death (C.R.S. § 13-21-204). That deadline is firm. Waiting too long even by a day can permanently eliminate your family's right to pursue compensation.

Two years may feel like a long time when you are in the immediate aftermath of loss. It isn't. Investigating a wrongful death case takes time gathering accident reports, preserving evidence, identifying all liable parties, and building a case strong enough to withstand a jury. Starting early gives your attorneys the best chance to do that work properly.

Anderson Hemmat: Colorado's Wrongful Death Attorneys

We are a family-owned, Colorado-only personal injury law firm with offices in Denver and Colorado Springs. Our founder is one of the most respected plaintiff trial attorneys in the state, and our team brings decades of combined experience specifically to Colorado civil litigation.

We serve families across all of Colorado and offer virtual meetings if you cannot come to us. We are available 24/7 by phone, text, or email because loss doesn't happen on a schedule, and neither does the need for answers.

Our fees are contingency-based. You pay nothing unless we win. That means there is no financial risk in calling us, and no reason to wait.

Call us at 303-782-9999 or fill out our contact form to schedule your free wrongful death case evaluation today. Our team will listen to what happened, explain your family's legal options clearly, and help you decide on the right path forward with no pressure and no obligation.

Anderson Hemmat, LLC serves wrongful death clients throughout Colorado, including Denver, Colorado Springs, Aurora, Boulder, Fort Collins, Pueblo, and surrounding communities.