Colorado's Wrongful Death Act gives surviving families a legal pathway to financial security and accountability, but it comes with strict timing rules and a specific hierarchy of who can file when. We carry the legal weight so your family can focus on each other. Direct attorney access. Compassionate consultation. 29% standard, 33% if we sue.
Colorado's Wrongful Death Act sets a 2-year filing deadline and a specific hierarchy of who can file when. In year one, only the surviving spouse may file (or children with the spouse's consent). In year two, the spouse and adult heirs may file together. Missing a window or filing in the wrong name can end the claim. We get this right from day one.
Colorado law creates two distinct causes of action after a wrongful death: the wrongful death claim (for the family's loss) and a survival action (for the decedent's pre-death pain and suffering, filed by the estate). Many firms pursue only one. We evaluate and bring both where the facts support them, often substantially increasing total recovery.
Colorado caps non-economic damages in wrongful death cases, unless the death was caused by a "felonious killing" under C.R.S. § 13-21-203(1)(b). DUI fatalities, vehicular homicide, and similar conduct can qualify, removing the cap entirely. We evaluate this carefully, the difference for a family is often measured in seven figures.
I founded VENYX to challenge the settlement-mill model. At the high-volume firms, families in wrongful death cases are often passed between case managers, paralegals, and intake coordinators, sometimes for months before they ever speak to the attorney handling their loved one's case.
That isn't how grief gets respected. When you hire me, I handle your case personally. I take your calls. I answer your emails. I sit with your family at meetings. The investigation, the carrier correspondence, the litigation strategy, all of it goes through me, not a handoff chain.
Most injury firms still operate on bloated staff and outdated systems, and either ignore technology or charge you extra for it. VENYX is built on a modern, digital-first foundation. We don't pay for inefficiency, so neither do you. That's how we deliver elite representation starting at a 29% fee.
Every major insurer maintains internal records on the attorneys they deal with. They track who files lawsuits and who folds at the negotiating table. That reputation follows every case before a single demand letter goes out.
"Settling isn't the goal. Maximum recovery is the goal. Sometimes those are the same thing. Sometimes they're not. The insurance company already knows which kind of attorney they're dealing with before you walk in the door." Dylan Unger, Founder, VENYX Injury Law
Most Denver personal injury firms charge a 33-35% standard fee and jump to 40-45% if they have to sue. Venyx charges a 29% standard fee and 33% if we have to sue. A lean, technology-driven practice doesn't need to overcharge you to survive.
The firm never makes more than the client. At every fee level, you keep more of your recovery than we do.
| Your Recovery | Industry Standard (33-35%) | Venyx 29% Standard | You Keep More |
|---|---|---|---|
| $50,000 | $17,500 | $14,500 | +$3,000 |
| $100,000 | $35,000 | $29,000 | +$6,000 |
| $250,000 | $87,500 | $72,500 | +$15,000 |
| $500,000 | $175,000 | $145,000 | +$30,000 |
Venyx fee structure: 29% standard, 33% if a lawsuit is filed. Client is responsible for case costs.
Calculate how much you can saveCars, trucks, and motorcycles are the leading cause of wrongful death in Colorado. Whether the fatality involved speed, distraction, failure to yield, or fault that's still being investigated, the same Wrongful Death Act applies. We build the case the way we would build any complex injury case, just with a different recovery framework.
Talk to DylanWhen a death is caused by drunk, drugged, or reckless driving meeting the definition of "felonious killing" under C.R.S. § 13-21-203, Colorado's non-economic damages cap is removed entirely. Punitive damages also become available. These cases require precise pleading, we handle the criminal-civil coordination so nothing is missed.
Talk to DylanPedestrian and cyclist deaths in Colorado are at historic highs. These cases combine the Wrongful Death Act with Colorado's Vulnerable Road User Law and frequently involve hit-and-run defendants. We coordinate the wrongful death claim with all available insurance sources, the driver's policy, the family's UM/UIM, and Med-Pay coverage.
Talk to DylanWhen a commercial truck causes a fatality, the case extends beyond the driver to the trucking company, the broker, and sometimes the cargo loader. We move quickly to preserve Electronic Control Module data, driver logs, and dispatch records, evidence that can legally be destroyed in as little as 30 days if not formally preserved.
Talk to DylanDeaths caused by dangerous property conditions (inadequate security, unsafe stairs, electrocution, drowning) or defective products (vehicles, equipment, recalled goods) involve different defendants and different insurance structures. We work with engineers, code experts, and product specialists to establish responsibility.
Talk to DylanWhen the at-fault driver flees and is never identified, the family's own auto Uninsured Motorist coverage often applies, even if the deceased was on foot or on a bicycle at the time. Most families don't know this. We map every available source of coverage and pursue them simultaneously.
Talk to DylanWrongful death cases hinge on three kinds of proof: how it happened, what was lost, and what was left undone. Dylan has spent nine years building the experts who establish each.
Engineers who analyze impact angles, vehicle dynamics, ECM data, and physical evidence to establish how the fatal incident occurred, and prove the conduct that caused it was preventable. Often the foundation of liability in disputed cases.
Forensic pathologists, treating physicians, and trauma specialists who document the cause of death and, critically, any pre-death suffering. The latter supports a survival action separate from the wrongful death claim itself, two recoveries, not one.
Forensic economists who calculate lost lifetime earnings, lost household services, and the financial impact on the surviving family. For families with children, the calculation extends to lost parental guidance, mentorship, and care, all recoverable under Colorado law.
The Wrongful Death Act gives you two years to file. But the evidence that proves your case, video footage, witness memories, vehicle data, doesn't wait. Below is a gentle order of operations.
There is no legal step that needs to happen this week. Funeral, family, and your own immediate wellbeing come first. The Wrongful Death Act gives your family a full two years to file, the work the case requires can wait until you are ready to start it.
Police reports, news articles, photos shared by witnesses, the responding officer's name, the funeral home's records. Put everything in a folder, physical or digital. We will reconstruct the rest later. You don't have to organize it. Just don't throw anything out.
An adjuster will likely reach out within days, sometimes with a sympathetic tone and an offer that sounds generous. You are not legally required to engage. Anything you say will be used to value the case. Politely decline until you have spoken with counsel, this protects your family's options.
Insurers sometimes present releases, settlement checks, or "courtesy" forms early in the process. Signing any of them can permanently waive your family's rights to a full recovery. If anything is sent to you, set it aside and bring it to your attorney unopened or unsigned.
Witnesses, first responders, the businesses near the scene, the person who first called your family, write down names while they are still fresh. Memory fades fast. Even partial notes now help us build a complete picture later. We will follow up on the rest.
The Wrongful Death Act has a strict hierarchy. In year one, only the surviving spouse may file (or children with the spouse's consent). In year two, the spouse and adult heirs may file together. If there's no spouse or heirs, parents may file. We work out the correct plaintiff together, this is a step that has to be right.
An attorney can issue formal preservation letters to the at-fault party, trucking carriers, vehicle manufacturers, and other defendants, forcing them to retain ECM data, dash-cam footage, dispatch records, and surveillance video before it is legally overwritten. Once issued, the clock stops.
If your family chooses to bring a survival action (for the decedent's pre-death suffering, in addition to the wrongful death claim itself), the estate must be opened with the court and a personal representative appointed. This is paperwork we walk you through, it does not need to be intimidating.
The at-fault party's liability policy is usually the starting point, but it is rarely the only one. Uninsured Motorist, Med-Pay, employer liability, and other coverages may apply. Where multiple policies apply, we coordinate claims so nothing is left on the table.
There is no obligation in a first conversation. Many families call simply to understand whether they have a case and what their options look like. The consultation is free, the conversation is private, and the decision to move forward stays entirely with you. Call 877-2929-LAW.
The income your loved one would have earned over their working life, projected by forensic economists who account for career trajectory, raises, benefits, retirement contributions, and inflation. Often the largest single component of a wrongful death recovery.
The financial value of what your loved one contributed to your household beyond income, childcare, eldercare, maintenance, driving, errands, the daily work of running a home. This category is often overlooked. We make sure it isn't undervalued.
The loss of love, affection, comfort, guidance, and companionship a spouse, child, or parent provided. Colorado caps this category in most cases, unless the death was caused by a "felonious killing," in which case the cap is removed entirely.
The Act recognizes that surviving family members carry real emotional injury from the loss, separate from the financial impact. Colorado allows recovery for grief, sorrow, and the lasting mental anguish of losing a loved one to someone else's negligence.
All reasonable costs associated with the funeral, burial or cremation, memorial service, and final medical expenses are recoverable. These are documented and added to the economic damages portion of the claim.
A separate claim, brought by the estate, for the conscious pain, suffering, and medical costs your loved one experienced between the injury and the moment of death. Many firms overlook this. When applicable, it can substantially increase total recovery for the family.
Non-economic damages in Colorado wrongful death cases are capped (adjusted annually for inflation). The cap is removed entirely when the death results from a "felonious killing" under C.R.S. § 13-21-203(1)(b), DUI fatalities, vehicular homicide, and similar conduct typically qualify. In those cases, the family may also pursue punitive damages designed to punish the at-fault party.
The Colorado Wrongful Death Act applies to any death caused by another person or entity's "wrongful act, neglect, or default." In practice, a handful of root causes account for most of the cases we see.
Alcohol, marijuana, and prescription-drug impairment account for a substantial share of Colorado fatal crashes. When proven, impaired-driving fatalities frequently qualify as "felonious killing" under the Act, removing the cap on non-economic damages entirely and opening the door to punitive damages.
Phone use, infotainment-system interaction, eating, grooming. Distracted-driver fatalities are documentable through phone records, vehicle infotainment logs, and witness accounts. The "I just looked away for a second" defense rarely survives the records.
Speed is the single most consistent factor in fatal-crash severity. The faster the vehicle, the lower the survival probability for pedestrians and other-vehicle occupants. Speed evidence comes from Electronic Control Modules, witness statements, and reconstruction analysis of impact damage.
Fatigue, falsified logs, inadequate training, and Federal Motor Carrier Safety Regulation violations turn commercial trucks into rolling lawsuits when a fatality occurs. The corporate carrier, not just the driver, usually has substantial exposure in these cases.
Inadequate security, building-code violations, hazardous stairs, unguarded pools, electrocution, and similar dangerous-property conditions can cause fatalities. These cases involve the property owner, the management company, and sometimes contractors who created the hazard.
Vehicle defects, recalled goods, defective equipment, and unsafe consumer products account for a meaningful share of wrongful death claims. These cases involve the manufacturer, distributor, and retailer, and may proceed under strict-liability theories that don't require proof of negligence at all.
A confidential conversation. No obligation. We take the legal weight so your family can focus on each other.
Estimates only. Your final recovery is reduced by case costs, medical liens, and other legal obligations. Every case is different. Fees and costs are discussed at consultation.
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