Colorado Wrongful Death Lawyer

Have You Lost a Loved One Due To Someone Else's Negligence?

The loss of a loved one marks a turning point in our lives. If your loved one died as a result of someone else’s negligence, their passing may be grounds for filing a wrongful death claim on their behalf.

Travis Legal Offices, LLC., can help you pursue a claim against the responsible parties and recover financial compensation for funeral costs, burial expenses, as well as financial support for your family. While no amount of money will ever fully offset your loss, a wrongful death lawsuit can ease your financial burdens and provide comfort during a challenging time.

For over 27 years, Travis Legal Offices, LLC has helped Coloradoans recover compensation after a wrongful death. Whether through car accidents, truck accidents, bicycle accidents, pedestrian accidents, or other catastrophic incidents, our team is here to help.

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How To File a Wrongful Death Lawsuit in Castle Rock, CO

To start a wrongful death lawsuit in Castle Rock, CO, most families first meet with a skilled wrongful death attorney who can help determine if they’re eligible to bring a claim. Those who may file include the deceased person’s spouse (in the first year), children (often in the second year), or parents if there is no spouse or children.

Your attorney will examine the details of the case, gather supporting evidence like police reports, medical records, and witness statements, and present a formal demand for compensation to the liable party or their insurance company. If negotiations fail, the lawyer will file a complaint in the local court, stating the facts and legal reasons for the lawsuit, as well as the damages sought.

It is crucial to be aware of and adhere to strict deadlines. In Colorado, most wrongful death claims must be filed within two years of the person’s death, but there are exceptions; medical malpractice cases and claims against government agencies may have different time limits. Missing these deadlines usually results in the loss of the right to file a claim, so timely action is vital.

Travis Legal Offices, LLC, provides compassionate and experienced guidance throughout the process. Call (303) 766-8766 for a free consultation and careful, reliable support.

Note: Special rules apply to claims involving government entities or minors, making prompt legal advice especially important.

The Travis Legal Offices, LLC Offers:

Respect.

Our family-operated law firm knows meeting with a lawyer can feel overwhelming. We invest time in understanding every client personally, so each of our clients feels valued, understood, and properly supported through what can be a difficult time.

Response.

Our Denver wrongful death attorneys are here to help you file a claim and recover the full compensation you deserve. We act swiftly to collect evidence, determine the extent of damages and fault, and develop a solid case for every client.

Results.

With a 27-year legacy and thousands of satisfied clients, our track record speaks for itself. Our experience, outcomes, and stellar reputation in the Castle Rock community, we give clients the assurance they need to successfully file a personal injury claim.

If someone you love died as the result of someone else’s negligence, recklessness or carelessness, Travis Legal Offices, LLC can help. Call (303) 766-8766 for a free consultation with a Castle Rock, CO wrongful death lawyer.

Understanding Colorado’s Wrongful Death Laws

Colorado’s wrongful death laws allow recovery for damages after a family member has died as a result of the bad acts of others. Within the first year of a death, a wrongful death claim can be brought by the spouse, the heirs of the deceased (children), or a designated beneficiary.

In the second year after a person’s death, wrongful death actions can be brought by any of those parties. Should the deceased have no spouse and no children, the parents of the deceased can file a wrongful death claim within two years. If they are no longer together, they would each have an equal share in any damages recovered.

Any wrongful death action must be filed within two (2) years of the death; this is known as a statute of limitations. If you do not protect these claims within that time frame, the claim is considered to be lost, and no person may bring a claim. Wrongful death claims are civil matters and can be pursued in addition to any criminal case actions that may be brought against the at-fault party by government officials.

LEGAL UPDATE: A recent state bill raises the limits on damages in civil, wrongful death, and medical malpractice cases, while also adding siblings as eligible parties in some wrongful death claims. The non-economic damages cap is $1.5 million as of January 1, 2025, with inflation adjustments every 2 years after 2028. Damages caps for medical malpractice wrongful death have also been adjusted upward. To learn how this may affect your case, call 303-766-8766 to speak with a Colorado wrongful death lawyer.

Wrongful Death? Know Your Rights.

Colorado laws provide for family members to recover for both economic and non-economic damages from the negligent party after a wrongful death event. These include “noneconomic damages” like loss of companionship, pain and suffering, grief and sorrow, as well as “economic damages” like medical bills, lost insurance or retirement benefits, loss of services, funeral expenses, property damages, and loss of earnings.

While there are no state-imposed limits on economic damages, Colorado has limitations, known as “caps” on the amount of non-economic damages a person can recover. Should a family member’s death be the result of a ‘felonious killing’, there are no damage caps; this requires the at-fault party to plead guilty, and to be convicted of (or enter a no-contest plea to) 1st or 2nd degree murder or manslaughter.

Read More from Travis Legal Offices, LLC: What Types of Damages Can You Seek and Why Do You Need An Attorney to Seek Damages?

Bringing a Survival Action

In addition to a wrongful death claim, family members may be able to bring a survival action, which is a case brought for damages suffered by the injured person before s/he passed (such as when a person does not die immediately). These claims allow the family to bring suits on behalf of their family member for causes of action that the injured person would have had if they had survived.

Working with an experienced wrongful death attorney is the best way to navigate these complex legal matters. Travis Legal Offices, LLC can guide you through the complexity of recovering compensation for the damages arising from the loss of a family member. Call us today for a free consultation regarding any questions you might have on these types of claims.

Wrongful Death in Castle Rock, CO: FAQs

What does “wrongful death” mean?

A death is considered “wrongful” when it happens because another person or group failed to act responsibly or was careless. Negligent actions, unsafe behavior, or failure to follow basic safety rules can all result in this type of claim. Wrongful death lawsuits often arise from personal injury incidents, such as car crashes, motorcycle accidents, truck accidents, slip-and-fall injuries, or workplace accidents.

Wrongful death claims are usually filed against whoever is believed to be at fault. Depending on the situation, insurers, employers, companies, or other parties may also be responsible if they share in the legal liability or are required to provide coverage. Compensation is often paid by their insurance company, especially in cases like auto accidents. Other parties, such as an employer or product manufacturer, could also share blame if they contributed to the deadly incident.

Because these cases can get complicated and may involve several people or businesses, it’s wise to get help from a knowledgeable wrongful death lawyer. Travis Legal Offices, LLC can help guide you through the legal steps and work to secure the compensation you deserve.

Contact Travis Legal Offices, LLC at (303) 766-8766 for a free consultation.

How long does a wrongful death lawsuit usually take?

A wrongful death lawsuit can take anywhere from several months to several years to resolve, depending on the specifics of the case and whether the parties are able to reach a settlement out of court. Many wrongful death claims are settled before trial, often concluding within a few months if liability and damages are clear and negotiations progress smoothly. If the claim is contested or requires detailed investigations, the timeline will lengthen significantly.

When a wrongful death case goes to trial, the process can extend for years due to complexities in court scheduling, discovery, legal motions, and possible appeals. Delays may also arise from the need to collect extensive evidence or due to legal strategy, further drawing out the process. As a result, the duration of each case varies widely.

For more information, call Travis Legal Offices, LLC.

How do I win a wrongful death lawsuit?

A wrongful death lawsuit is won by proving that another person or entity’s negligence, recklessness, or intentional actions directly caused the person’s death, and that surviving family members have suffered losses as a result. To be successful, the plaintiff (the person filing the lawsuit) must show four key elements:

that the defendant owed a legal duty of care to the deceased;
that this duty was breached by the defendant’s careless or wrongful behavior;
that this breach directly led to the death, and
that the survivors have measurable damages from the loss, such as lost income, medical expenses, or emotional suffering.

Winning a wrongful death case typically involves gathering strong evidence, such as accident reports, witness statements, expert testimony, and medical records, to establish both the cause of death and the consequences for the family left behind. The case is usually decided either through settlement negotiations with the defendant or their insurer, or in court by a judge or jury who evaluates whether the legal requirements for negligence and causation have been met.

Call (303) 766-8766 to learn how Travis Legal Offices, LLC can help.

Who can bring a wrongful death lawsuit in Castle Rock, CO?

In Castle Rock, Colorado, only specific parties are allowed to bring a wrongful death lawsuit, with the law giving clear priority based on the relationship to the deceased.

During the first year after death, the surviving spouse has the sole right to file a claim

After one year, both the spouse and children (or designated beneficiaries) may file, either jointly or individually.

If the deceased had no spouse or children, the parents of the deceased are eligible to bring a claim.

If none of these parties exist, the personal representative of the estate may be allowed to file on behalf of the estate.

Extended family members, such as siblings, generally cannot file unless appointed as the estate’s representative.

To discuss potential beneficiaries in a Castle Rock, CO wrongful death lawsuit, call Travis Legal Offices, LLC: (303) 766-8766.

Will I be taxed on the amount I receive from a wrongful death lawsuit?

Under IRS Rule 1.104-1, most compensation for physical injury or death is generally considered non-taxable under both Colorado and federal law. However, certain portions of a settlement can be taxed, such as punitive damages, interest earned on the settlement, compensation for lost wages or emotional distress, and medical expenses previously deducted on tax returns.

Consult with a knowledgeable attorney or tax professional to understand which parts of a wrongful death settlement might be taxable in a specific situation, as details and exceptions can affect the tax treatment. Most families keep the core settlement tax-free, but special damages like punitive awards usually must be reported as income

DISCLAIMER: This information is not intended to be binding financial or legal advice. Consult a qualified accountant or tax attorney about your situation.