Denver Wrongful Death Accident Attorneys Helping Grieving Families

Families can be shattered and confused when a beloved one unexpectedly dies. In the event that the death of a loved one is resulting from negligence during an accident in Denver, the law provides a solution. Levine Law provides wrongful death attorneys who represent families in communities like Capitol Hill, Cheesman Park, and surrounding Civic Center Park. We understand the emotional and financial destruction this kind of tragedy leaves.

If another person’s careless or willful conduct resulted in the alleged loss of your loved one, our lawyers can help seek full accountability for the loss. From fatal automobile accidents to medical malpractice and fatal work accidents, Denver wrongful death claims require strategic legal action and immediate action. Accidental injuries are a leading cause of death across the state, with many of them avoidable, according to the Colorado Department of Public Health & Environment.

Unlike other types of cases, wrongful death cases revolve around the agony of the family. That is lost income, medical bills, funeral bills, and the huge emotional pain of losing a spouse, child, or parent. If you are surviving life following an avoidable tragedy, our lawyers stand ready to fight for the justice your family deserves.

Who Has the Legal Right to File a Denver Wrongful Death Lawsuit in Colorado

When a loved one dies because of another person’s negligence in Denver, families may be unsure who can file a wrongful death claim. Colorado law provides a structured system that outlines which relatives have the right to pursue compensation and in what order. At Levine Law, we help families in communities like Congress Park and Baker understand these legal rights. This clarity empowers surviving relatives to take swift action before critical filing deadlines expire.

Wrongful death laws in Colorado are unique compared to other states. The process depends heavily on the relationship between the deceased and the surviving family members. Acting during the correct time frame is essential to protect your legal options and preserve the opportunity for a full recovery.

Surviving Spouses Have Primary Filing Rights in the First Year

The first year following the death belongs exclusively to the surviving spouse. During this time, only the spouse has the authority to initiate a wrongful death lawsuit under Colorado law.

This provision recognizes the economic and emotional losses that typically affect spouses most significantly. From loss of financial support to emotional trauma, the law prioritizes the spouse’s claim. If the spouse chooses, they can authorize other relatives, such as children or parents, to file a claim on their behalf. However, without this consent, other parties must wait until the second year after the death. For reference, the Colorado Revised Statutes Title 13 details these legal rights under section 13-21-201.

Timing and Consent from the Surviving Spouse Are Crucial

In many cases, families wait too long or assume that someone else has already filed a claim. This confusion can lead to lost opportunities for justice.

Colorado requires written documentation if the spouse consents to another person filing the lawsuit. That consent must be provided within the first year and attached to the case filing. In neighborhoods like Park Hill and Globeville, where extended families often live together, understanding and coordinating these legal permissions early can prevent unnecessary delays.

Surviving Children Can File in the Second Year After the Death

If no claim has been filed by the end of the first year, the right to file extends to the surviving children of the deceased. They may file jointly or individually.

Children often suffer deeply from the wrongful death of a parent. The law allows them to pursue compensation for emotional pain, financial loss, and loss of parental guidance. Our attorneys help families throughout the Denver metro area prepare and file these claims in a way that honors the deceased and maximizes recovery. According to data from the United States Census Bureau, many Denver households are led by single parents, increasing the importance of preserving children’s rights to legal recourse.

Adult Children Are Eligible Regardless of Age

Children of any age, including adults, may bring a wrongful death claim if their parent’s death meets the legal requirements.

This is important in situations where the decedent had adult children but no surviving spouse. These claims may also include loss of inheritance, lost emotional support, and other life-changing damages. Whether the family resides near the Denver Tech Center or in the Highlands, we help structure these claims to clearly show the impact of the loss on surviving children.

Parents May File When There Are No Surviving Spouse or Children

If the deceased was unmarried and had no children, the right to file a wrongful death claim passes to the parents. This is common in fatal accidents involving young adults or teens.

Parents can file independently or jointly. These cases are often highly emotional, as they involve the death of a child due to another party’s negligence. Whether the incident occurred near the University of Colorado Denver or in downtown, our attorneys build a compelling case that reflects the full weight of the parent’s loss.

Unmarried Adults and Teen Victims Require Immediate Legal Review

Because the eligibility of the parents depends on the absence of other heirs, immediate legal analysis is necessary to determine filing rights.

Parents should not assume their claim is secondary or unlikely to succeed. In many cases, they are the only eligible party under Colorado law. That is why it is crucial to consult with a Denver wrongful death attorney promptly. We investigate the full family structure and confirm eligibility before evidence fades or deadlines pass.

Filing Deadlines for Wrongful Death Cases Are Strict in Colorado

Colorado imposes a two-year statute of limitations on wrongful death lawsuits. If no claim is filed within that time, the family permanently loses the right to pursue compensation.

This two-year period starts from the date of death, not the date the negligence was discovered. There are very few exceptions, so families must act quickly. Whether the accident happened near Federal Boulevard or on Peña Boulevard near DIA, waiting too long can severely damage a strong claim. The Colorado State Court System provides guidance on civil filing requirements and deadlines.

Exceptions Are Rare and Usually Do Not Apply

Colorado courts enforce wrongful death deadlines strictly. Most claims filed after the two-year period are dismissed outright.

Certain rare exceptions exist, such as when the defendant intentionally concealed facts or fled the state. However, these are difficult to prove. At Levine Law, we make it a priority to file quickly and build your case from day one. Timely action ensures your family’s voice is heard and your right to compensation is preserved.

Leading Causes of Preventable Deaths Across Denver Neighborhoods

Denver wrongful death claims often begin with a sudden and avoidable tragedy. These fatal incidents occur in nearly every part of the city, from Five Points to Montbello and near busy corridors like Colorado Boulevard. When lives are lost due to someone’s careless actions, Colorado law allows families to pursue justice. At Levine Law, we investigate these deaths thoroughly and hold negligent parties accountable. We tailor every claim to the specific circumstances of the death and the unique impact it had on your family.

According to the Centers for Disease Control and Prevention, unintentional injuries are among the top five causes of death in the United States. Many of these deaths are entirely preventable and often result from conduct that violates traffic laws, safety standards, or public duties.

Fatal Car Accidents Remain a Leading Cause of Wrongful Death in Denver

High-speed crashes, distracted driving, and failure to yield continue to take lives across Denver. Fatalities frequently occur along Colfax Avenue, I-25, and near the intersections surrounding Speer Boulevard.

Families devastated by these tragedies often face unexpected funeral costs, lost household income, and long-term emotional grief. These collisions are frequently caused by drunk driving, excessive speed, or reckless maneuvers. We work with investigators to gather crash data, witness testimony, and police reports to prove fault. The National Highway Traffic Safety Administration offers critical data on crash causes that often support our case arguments.

Traffic Cameras and Police Reports Help Strengthen Claims

Intersection footage and crash scene reconstructions often provide the evidence needed to prove driver negligence.

We act quickly to preserve this evidence before it is lost. Especially in areas with high vehicle volume, like downtown or South Broadway, camera footage and GPS data can paint a clear picture of how the fatal crash occurred.

Medical Negligence and Misdiagnosis Can Lead to Fatal Outcomes

In some cases, the tragedy begins inside a hospital or clinic. When healthcare providers fail to meet the standard of care, patients may lose their lives unnecessarily.

Medication errors, delayed diagnoses, surgical mistakes, and discharge without proper instructions can all result in fatal consequences. Hospitals throughout the Denver area, including those in the Anschutz Medical Campus and near Sloan’s Lake, are not immune to preventable errors. The Agency for Healthcare Research and Quality tracks medical error data nationwide and outlines protocols that providers must follow to prevent fatal mistakes.

Autopsy Reports and Hospital Records Are Essential in These Cases

Securing and reviewing detailed medical documentation is key in proving wrongful death due to medical malpractice.

Our legal team works with medical professionals to analyze test results, treatment notes, and hospital logs. This process uncovers critical failures that led to the patient’s death and creates a strong legal foundation for pursuing justice.

Workplace Fatalities Are Rising in the Denver Construction and Oil Industries

Colorado’s booming economy has increased construction activity across the city. Unfortunately, this growth has also raised the risk of fatal workplace accidents.

Wrongful death claims often arise from unsafe work conditions, falls from heights, faulty machinery, or inadequate safety training. Workers in areas like RiNo, Elyria-Swansea, and along the I-70 industrial corridor face elevated risk. When employers cut corners or fail to comply with safety rules, families pay the ultimate price. The Occupational Safety and Health Administration provides national insight into common safety violations that lead to fatalities on the job.

Employers Can Be Liable for Violating State and Federal Safety Rules

Even when workers’ compensation applies, employers may still be held accountable through wrongful death litigation.

We investigate whether the employer ignored known hazards or failed to provide required equipment. Many of these deaths could have been avoided with proper training and enforcement of safety policies.

Pedestrian Fatalities Continue to Climb on Denver’s Busy Streets

Pedestrians walking near schools, retail zones, and transit centers face daily dangers from inattentive or aggressive drivers. These deaths are often sudden and violent.

Fatal pedestrian accidents are common near East Colfax, Federal Boulevard, and near downtown light rail stations. Victims often include older adults and children who rely on crosswalks and sidewalks to navigate the city. When drivers fail to yield or speed through intersections, the result can be fatal. The Governor’s Highway Safety Association recently reported that pedestrian deaths have surged across the country, including in Colorado.

Crosswalk Design and Traffic Patterns Play a Role in Many Cases

Our attorneys examine road design, traffic signal timing, and signage visibility to determine whether the environment contributed to the pedestrian’s death.

In some cases, the city or property owner may share responsibility for dangerous crossings or poor infrastructure. We work to identify every liable party to maximize your recovery.

Dangerous Property Conditions Can Lead to Fatal Falls or Structural Failures

Denver’s mix of old buildings and rapid development presents another danger. Property owners who fail to maintain safe conditions may be responsible for wrongful deaths on their premises.

This includes fatal falls on icy walkways, unsecured balconies, fires in code-violating apartments, or structural collapses at construction sites. These incidents often occur in areas with high rental density, such as Capitol Hill, Lincoln Park, and the Auraria Campus area. According to the U.S. Consumer Product Safety Commission, unsafe conditions and defective structures are major contributors to accidental deaths nationwide.

Surveillance Footage and Code Violations Often Reveal Negligence

We gather inspection records, safety complaints, and building code violations to prove that the property owner failed to take appropriate precautions.

This documentation is critical in holding landlords, developers, or property managers financially accountable. When a death occurs due to unsafe conditions, Colorado law supports a full legal response.

In every case we handle, our Denver wrongful death attorneys take immediate steps to uncover the truth. These fatal incidents happen in real neighborhoods, to real families, and they deserve a full measure of justice.

Frequently Asked Questions About Denver Wrongful Death Lawsuits

After a tragic loss, families in Denver often face overwhelming legal questions alongside emotional grief. At Levine Law, we provide clear and compassionate answers so you can make informed decisions. Whether your loved one died in a car crash near Union Station or due to medical negligence in Cherry Creek, knowing your rights is the first step toward justice. Below are answers to the most common and important questions we hear from grieving families throughout the Denver area.

What Makes a Death Eligible for a Wrongful Death Claim in Colorado

A death qualifies as wrongful when it results from someone else’s negligence, carelessness, or unlawful conduct.

This includes situations like drunk driving, reckless medical care, construction site hazards, or defective products. If the death could have been avoided with reasonable care, it likely qualifies for legal action under Colorado law. We investigate each case fully and provide a legal strategy based on the unique facts of your situation. The Colorado Department of Law provides additional guidance on public safety laws that may apply in wrongful death situations.

How Much Time Do We Have to File a Denver Wrongful Death Case

Families generally have two years from the date of death to file a lawsuit in Colorado.

This legal deadline, called the statute of limitations, is strictly enforced. If you wait too long, courts will dismiss your claim regardless of the facts. To avoid missing this deadline, we recommend contacting an attorney as soon as possible. Acting quickly allows us to preserve critical evidence and meet all filing requirements.

What Type of Compensation Can Families Recover in a Denver Wrongful Death Case

Colorado allows families to recover both economic and non-economic damages after a wrongful death.

This may include lost wages, medical expenses, funeral costs, emotional pain, loss of companionship, and in some cases, punitive damages. The value of your claim depends on the facts of the case, the relationship to the deceased, and the financial losses suffered. We build claims that account for both current and long-term impacts on your family’s well-being.

Can More Than One Family Member File a Wrongful Death Claim Together

Yes, in many cases, multiple eligible family members can join together in a single wrongful death lawsuit.

This typically happens when surviving children file jointly in the second year after a parent’s death. In some cases, the spouse may authorize others to join earlier. We help families navigate this process to avoid duplicate filings or legal conflicts. Coordinating early allows us to present a unified case that strengthens the likelihood of a successful outcome.

What If the Person Who Caused the Death Faces Criminal Charges

A wrongful death lawsuit is a civil case and is completely separate from any criminal charges.

Even if the defendant is prosecuted, you still have the right to pursue financial compensation through a civil wrongful death claim. In fact, civil lawsuits often succeed even when criminal convictions are not obtained. This is because civil cases require a lower burden of proof. Families can still seek justice, closure, and financial security even if the criminal system falls short.

Can We File a Wrongful Death Lawsuit if the Victim Was Partly at Fault

Yes, Colorado follows a comparative fault system that allows claims even when the victim shares partial responsibility.

If your loved one was partially at fault, the court will reduce the compensation based on their level of responsibility. For example, if the court finds the deceased was 20 percent at fault, the family may still recover 80 percent of the total damages. We analyze police reports, eyewitness statements, and expert evaluations to minimize any arguments of shared blame.

What If the At-Fault Person Has No Insurance or Assets

Even when the at-fault party lacks insurance or financial resources, there are still ways to pursue compensation.

We investigate other sources of recovery, including employers, property owners, or third-party contractors. In car accident cases, we also explore the deceased’s uninsured motorist coverage. In some situations, corporate insurance or umbrella policies may provide relief. Our team evaluates every angle to help your family recover as much as possible.

How Much Does It Cost to Hire a Denver Wrongful Death Attorney

We handle all wrongful death cases on a contingency fee basis, which means you pay nothing unless we win.

There are no upfront costs, no hourly fees, and no surprise charges. We cover all case expenses during the investigation and litigation process. If we recover compensation for your family, we receive a percentage of the settlement or court award. This structure allows you to focus on healing while we focus on securing justice.

These answers only begin to address the many questions you may have during this difficult time. For specific guidance on your situation, we encourage you to speak with our Denver wrongful death attorneys directly. We are here to listen, advise, and help you move forward.

Speak With a Denver Wrongful Death Attorney Committed to Your Family’s Future

When your family loses someone due to another’s negligence, the legal system can feel overwhelming. But you do not have to face this alone. At Levine Law, we stand beside families throughout Denver neighborhoods like Capitol Hill, City Park, and Athmar Park, providing trusted legal guidance during their most difficult moments.

We take immediate action to protect your rights, preserve evidence, and hold every responsible party accountable. Our team has helped clients recover millions in compensation across Colorado by building strong, timely, and personalized wrongful death claims. Whether your case involves a fatal traffic collision, medical negligence, or unsafe property conditions, we are ready to take swift and strategic steps for you.

You have a limited time to act. Filing early strengthens your position and ensures that vital evidence is not lost. Let our Denver wrongful death attorneys take the legal burden off your shoulders while you focus on healing and remembering your loved one.

Call us now or fill out our online form to schedule a free consultation.
You pay nothing unless we win your case. Let us help your family find justice and financial peace.