Denver Wrongful
Death Lawyers

 

At Born & McCaffrey Injury Law, our Denver wrongful death lawyers know that no amount of money can ever replace the family member you’ve lost. But pursuing justice can protect your family’s future, hold the responsible parties accountable, and help ease some of your burdens.

Our team is here to handle the legal battle for you, with compassion, clarity, and unwavering dedication. Call us for a free consultation and let’s discuss your legal options and how to move forward.

How We Build a Strong Wrongful Death Case

Choosing to pursue a wrongful death claim is not about assigning a dollar value to your loved one’s life. It’s about making sure the person or company responsible for their death is held accountable and ensuring your family has the financial security to move forward.

At Born & McCaffrey Injury Law, we build strong wrongful death cases by looking deeper than the surface facts. Our attorneys gather medical records, accident reports, witness statements, and financial documents that show how your family has been affected.

We work with financial experts to calculate future lost earnings, benefits, and the personal services your loved one provided. We also develop compelling evidence of the emotional loss suffered by surviving family members.

These details help us tell your loved one’s story in a way insurers, judges, and juries can understand and respect. We’re relentless in pursuing the full and fair compensation your family needs.

What to Expect from Born & McCaffrey Injury Law

Losing someone you love is a traumatic and devastating tragedy no family deserves to face. When a life is cut short because someone else acted carelessly or recklessly, the grief often comes with anger, financial worries, and endless questions about what happens next.

Born & McCaffrey Injury Law’s Denver wrongful death lawyers are here to help protect your family’s future and seek accountability from those responsible.

Our firm isn’t built on volume, it’s built on relationships, hard work, and the courage to fight for justice, even in challenging cases. We understand how deeply a wrongful death affects every aspect of your life, and we’re committed to giving you honest guidance, tireless advocacy, and the personal attention you deserve.

Personal attention from start to finish

At Born & McCaffrey Injury Law, you will never feel like a case number. We dedicate time and resources to each client, building cases that meet your family’s specific needs. You’ll always know who’s handling your case, what’s happening, and your options at every stage.

A track record of meaningful results

Our Denver personal injury attorneys have secured significant settlements and verdicts for Colorado families. These results often exceed insurance policy limits, signaling to corporations and insurers that we’re prepared to take a case as far as necessary to protect our clients’ interests.

Contingency fee representation—no win, no fee

No family should ever have to worry about how to afford legal help after losing a loved one. We work on a contingency fee basis, which means you pay nothing upfront and owe no legal fees unless we achieve a recovery for you.

Willingness to tackle challenging cases

Many of our wrongful death cases come from referrals by other lawyers who trust us with complex, high-stakes claims. We’re not afraid of difficult facts, extensive investigations, or the possibility of trial. When defendants push back, we push harder.

Trial-ready lawyers

Some law firms focus mainly on settlements. At Born & McCaffrey, we prepare every wrongful death case as if it could go to trial. This preparation often results in higher settlement offers because insurance companies know we’re ready and willing to present your case to a judge or jury.

Being trial-ready shows our commitment to pursuing the best outcome for you, no matter how far we must go.

What Is a Wrongful Death Claim in Colorado?

Colorado law defines a wrongful death as a death caused by the negligence, wrongful act, or misconduct of another person or entity. In simple terms, it means someone else’s careless or reckless actions led to the loss of your loved one’s life.

Filing a wrongful death claim allows certain family members to pursue financial compensation for the harm caused by the death. This compensation can cover:

• Loss of financial support your loved one would have provided
• Loss of companionship, love, and emotional support
• Funeral and burial expenses
• Pain and suffering endured by surviving family members

Colorado has specific rules about who can bring a wrongful death claim and when.

For example, during the first year after the death, only the surviving spouse typically has the right to file. In the second year, children and other eligible parties may also bring a claim. Because these rules are strict and deadlines can expire quickly, speak with a wrongful death lawyer as soon as possible.

Types of Wrongful Death Born & McCaffrey Injury Law We Handle

Every wrongful death case is personal and unique. But certain causes of fatal accidents appear again and again in Denver. Our team at Born & McCaffrey Injury Law has experience with a broad range of wrongful death cases, each requiring a thorough investigation and a deep understanding of Colorado law.

Here are some of the most common types of wrongful death claims we handle:

Car accidents

Car crashes are one of the leading causes of wrongful deaths in Colorado. In one recent year, there were 77 traffic fatalities reported in Denver alone, according to the Colorado Department of Transportation (CDOT). Speeding, drunk driving, and driver distraction contributed to many of those fatal collisions.

Families who lose a loved one in a deadly crash may have a claim against the at-fault driver and, in some cases, other parties such as employers or vehicle manufacturers.

Truck accidents

Large trucks often weigh 20-30 times more than passenger vehicles, making collisions particularly deadly. In Denver and across Colorado, trucking companies and drivers must follow strict federal and state safety rules. When truckers and trucking companies ignore those rules with often fatal consequences, a skilled Denver truck accident lawyer can help victims seek justice.

Our firm investigates truck crashes thoroughly, looking into driver logs, maintenance records, and company practices to hold the right parties accountable.

Motorcycle accidents

Motorcyclists have little protection in a collision, which often leads to catastrophic or fatal injuries. According to the CDOT, motorcycle fatalities accounted for about 20% of all traffic deaths in Colorado in recent years, despite motorcycles representing a small fraction of vehicles on the road.

Our Denver motorcycle accident attorneys represent families who’ve lost loved ones in fatal motorcycle crashes caused by negligent drivers, unsafe road conditions, or defective parts.

Pedestrian accidents

Pedestrians in Denver face significant dangers from drivers who fail to yield, speed through intersections, or drive under the influence.

A person on foot has no protection from a vehicle’s impact, which can result in fatal injuries even at low speeds.

Our pedestrian accident attorneys in Denver help families pursue justice when a pedestrian’s life is tragically cut short due to driver negligence.

Bicycle accidents

Denver’s growing network of bike lanes has encouraged more people to cycle for commuting and recreation.

Unfortunately, drivers don’t always respect cyclists’ right to the road. Fatal bicycle accidents often involve cars turning into bike lanes, opening doors in cyclists’ paths, or failing to yield at intersections. We fight for families whose loved ones were killed while riding their bikes.

Premises liability accidents

Property owners have a responsibility to keep their premises reasonably safe for visitors. Fatal falls, structural collapses, fires, or other hazards on someone else’s property can lead to a wrongful death claim.

If the incident happened in a store, apartment building, or other property, we will investigate thoroughly to identify all potential sources of liability.

Who Can File a Wrongful Death Claim in Colorado?

Colorado law sets specific rules for who can file a wrongful death claim—and when. Recent changes under House Bill 23-1472 have expanded these rights, making the rules more flexible but also more complex.

Here’s a simplified overview:

• First year after death: The surviving spouse has the primary right to file. However, the spouse may allow the deceased person’s children or a designated beneficiary to file instead. If the spouse doesn’t act or they give permission, children or a designated beneficiary can proceed.
• Second year after death: Children may bring a claim on their own or together with the spouse. If there’s no spouse or children, the deceased person’s parents may file.
• Parents’ rights: If the deceased was unmarried and had no children, parents may bring a claim.
• Siblings’ rights: Siblings can file a wrongful death claim if the deceased had no spouse, children, grandchildren, designated beneficiary, or surviving parents. This applies to unmarried minors without parents and unmarried adults without parents or descendants.

In addition to these family members, a representative of the deceased person’s estate can bring a separate survival action for certain financial losses suffered by the deceased before death, such as medical expenses or lost wages from the time of injury until passing.

Talk with a wrongful death lawyer as soon as possible to protect your rights and avoid missing deadlines under these new, complicated laws.

How Long Do You Have to File a Wrongful Death Lawsuit in Colorado?

Colorado’s statute of limitations generally gives you two years from the date of your loved one’s death to file a wrongful death lawsuit. In cases involving cars and certain other motor vehicles, this deadline extends to three years.

While two or three years may seem like a lot of time, never delay in consulting with a wrongful death attorney. Exceptions exist that could affect your case.

For several other reasons, take legal action sooner rather than later. Evidence may be lost or erased, memories fade, key witnesses may change names, move, or pass away, making your case more challenging.

The sooner you involve a lawyer, the better your chances of protecting your family’s interests.

Damages Available in a Colorado Wrongful Death Case

Money can’t replace the love and presence of the person you’ve lost. But the law recognizes that families suffer real financial and personal harm when someone’s life is cut short. A wrongful death claim can help relieve some of those burdens.

Compensation in a Colorado wrongful death case may include:

• Lost wages and future financial support your loved one would have contributed
• Loss of benefits, such as health insurance or retirement contributions
• Loss of companionship, affection, and emotional support
• Grief and emotional distress suffered by surviving family members
• Funeral and burial expenses

Colorado law places certain caps on damages for non-economic losses, such as grief and emotional distress. However, these caps change over time and can vary depending on the details of your case.

Our attorneys will explain what compensation you may recover and how best to pursue it.

Key Takeaways

• A wrongful death claim allows family members to seek justice and financial security after losing a loved one due to another’s negligence.
• In Colorado, specific rules determine who can file a wrongful death claim and when they may do so.
• Compensation can include lost income, emotional suffering, funeral costs, and other financial losses.
• Strict deadlines apply to wrongful death claims in Colorado, making it essential to act quickly.
• Born & McCaffrey Injury Law investigates every case thoroughly and builds compelling evidence to protect families’ futures.
• Our attorneys handle the legal work so you can focus on your family’s healing.

Frequently Asked Questions About Wrongful Death Claims in Colorado

What if I am partially to blame for the accident that caused my loved one’s death?

Colorado follows a modified comparative fault system. If the deceased or their family members were partially at fault, they can still bring a wrongful death claim as long as their share of fault is less than 50%. However, any compensation you receive will be reduced by your percentage of fault. Insurance companies often try to shift blame onto the victim or their family to reduce their liability. A wrongful death attorney can help assess fault and protect your rights.

How much does it cost to hire a wrongful death lawyer?

At Born & McCaffrey Injury Law, we handle wrongful death cases on a contingency fee basis. That means you pay nothing upfront, and you owe no legal fees unless we secure compensation for you. Our goal is to make high-quality legal help accessible without financial risk.

Can I bring a wrongful death claim if my loved one died in a hit-and-run accident?

Yes. Even if the at-fault driver fled the scene or was never identified, you may still have options through uninsured motorist coverage or other legal avenues. Talk to an attorney about how to pursue compensation in hit-and-run fatalities.

Will I have to go to court for a wrongful death case?

Not necessarily. Many wrongful death cases settle out of court. However, we prepare every case for trial in case a fair settlement isn’t offered. If your case does go to trial, we’ll be with you every step of the way to support and represent you.

Take the Next Step Toward Justice and Healing

Nothing prepares you for the moment you learn that someone you love has died because of another person’s negligence. Grief consumes you.

At the same time, you may worry about how to pay bills, support your family, and cover funeral costs. You may feel torn between wanting accountability and feeling too drained to even think about legal action.

At Born & McCaffrey Injury Law, our Denver wrongful death lawyers understand how raw and painful this time is. A wrongful death claim isn’t about placing a dollar amount on a person’s life. It’s about seeking justice, preventing future harm, and protecting your family’s financial stability.

We handle every part of the legal process for you, allowing you to focus on your loved ones while we fight for answers and compensation.

Let us carry the legal burden while you focus on your family. Call us today at (303) 800-6996 or reach out through our contact form for a free, private consultation. We’re ready to stand beside you and fight for the justice you and your loved one deserve.