Losing a loved one in an accident is one of the most painful and life-altering experiences a family can endure. Beyond the devastating emotional toll, survivors often face serious financial hardships—especially if the deceased was the primary source of income. While no amount of legal action can bring back a loved one, filing a wrongful death claim in Denver can help families pursue justice, hold negligent parties accountable, and secure the financial stability needed to move forward.
At Lampert & Walsh, LLC, our Denver wrongful death attorneys have been advocating for grieving families since 1979. With decades of trial experience and a deep understanding of Colorado’s wrongful death laws, we provide compassionate yet aggressive representation to ensure families receive the justice and compensation they deserve.
Understanding Wrongful Death Claims in Colorado
A wrongful death claim is a type of civil lawsuit that arises when a person dies due to the negligent, reckless, or intentional actions of another individual or entity. Unlike criminal cases, which are pursued by the state, wrongful death claims are filed by surviving family members to recover financial compensation for their losses.
Key Elements of a Wrongful Death Claim
To establish a wrongful death claim in Colorado, several legal elements must be proven:
Duty of Care – The responsible party must have owed the deceased a legal duty of care. For example, drivers must operate vehicles safely, doctors must follow medical standards, and property owners must maintain safe premises.
Breach of Duty – It must be shown that this duty was breached, such as by reckless driving, medical negligence, or workplace safety violations.
Causation – The breach of duty must have directly caused the fatal accident or injury.
Damages – Surviving family members must have suffered measurable losses, such as financial support, companionship, or medical and funeral expenses.
At Lampert & Walsh, our attorneys investigate every detail, gathering evidence such as accident reports, medical records, and witness statements to build a strong case on behalf of grieving families.
Who Can File a Wrongful Death Claim in Denver?
Colorado has specific rules about who can bring a wrongful death lawsuit and when:
Within the first year after death – Only the surviving spouse may file the claim.
After one year – Surviving children may file a claim, either alone or jointly with the spouse.
If there is no spouse or children – Surviving parents may file.
Siblings and extended family – Brothers and sisters are not permitted to bring wrongful death claims under Colorado law.
Because these rules are strict, families should consult with an attorney as soon as possible to preserve their rights.
Types of Compensation Available in Wrongful Death Cases
A successful wrongful death claim in Colorado can result in various forms of compensation, depending on the specifics of the case:
Medical Expenses – Costs incurred between the time of the injury and the loved one’s passing.
Funeral & Burial Costs – Reimbursement for final arrangements.
Loss of Income – Compensation for wages and benefits the deceased would have earned.
Loss of Support – Financial and household contributions the deceased provided.
Pain and Suffering – Emotional trauma and loss of companionship endured by surviving family members.
Punitive Damages – In cases of egregious negligence or intentional misconduct, additional damages may be awarded to punish the wrongdoer.
Every case is different, and the value of a claim depends on factors such as the deceased’s age, occupation, health, and earning capacity.
Common Causes of Wrongful Death in Denver
Tragically, wrongful deaths can occur in almost any setting. Our Denver wrongful death attorneys handle cases involving:
Motor Vehicle Accidents – Car, truck, motorcycle, and pedestrian crashes caused by negligent or impaired drivers.
Medical Malpractice – Surgical errors, misdiagnoses, and other failures in medical care.
Workplace Accidents – Unsafe working conditions, lack of training, or equipment failures.
Defective Products – Faulty vehicles, dangerous machinery, or defective pharmaceuticals.
Premises Liability – Fatal slip-and-fall accidents or unsafe property conditions.
Each case requires an in-depth investigation and, in many cases, collaboration with medical and accident reconstruction experts.
Why You Need an Experienced Denver Wrongful Death Attorney
Wrongful death lawsuits are often highly contested. Insurance companies and defense attorneys may attempt to minimize payouts or deny liability altogether. Having a skilled Denver wrongful death lawyer on your side can make the difference between a denied claim and a fair settlement.
At Lampert & Walsh, we provide:
Thorough Case Evaluation – We calculate the full value of your claim, including long-term financial impacts.
Aggressive Courtroom Representation – We are trial-ready attorneys, not quick-settlement negotiators.
Compassionate Guidance – We understand the emotional toll and treat every client with care and respect.
No Upfront Fees – We work on a contingency fee basis, meaning you pay nothing unless we win your case.
Coping With Loss While Pursuing Justice
The death of a loved one brings overwhelming grief. While legal action cannot replace the person you lost, it can provide financial relief and a sense of justice. Filing a wrongful death claim also holds negligent parties accountable, potentially preventing similar tragedies in the future.
Families who work with Lampert & Walsh gain not just legal advocates, but also allies who understand their struggles and stand by them during one of life’s most difficult times.
Conclusion
When a loved one dies due to another’s negligence, survivors are left to cope with both emotional devastation and financial hardship. Filing a wrongful death claim in Denver provides families with a path toward accountability and compensation. With decades of experience, the attorneys at Lampert & Walsh, LLC are prepared to fight for justice on your behalf.
If you have lost a loved one in an accident, contact Lampert & Walsh online today for a free consultation. You pay no fees unless we win your case.
Frequently Asked Questions About Wrongful Death in Denver
How long do I have to file a wrongful death claim in Colorado?
In most cases, you have two years from the date of death to file. However, there are exceptions. Consulting an attorney as soon as possible is critical.
Can multiple family members file separate wrongful death lawsuits?
No. Colorado law allows only one wrongful death lawsuit, filed on behalf of all eligible survivors.
What if my loved one was partially at fault for the accident?
Under Colorado’s comparative negligence law, compensation may still be available, but damages can be reduced if your loved one was partially at fault.
Will I have to go to trial?
Not always. Many wrongful death claims are settled outside of court. However, Lampert & Walsh prepares every case as if it will go to trial, ensuring maximum leverage in negotiations.
How much does it cost to hire a Denver wrongful death attorney?
Our firm works on a contingency fee basis, meaning you pay no upfront fees and no hourly rates. We only get paid if we secure compensation for you.