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Most injury firms still operate on bloated staff and outdated systems, and either ignore technology or charge you extra for it.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. The best possible 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
Nearly every injury firm charges a percentage of your recovery. The difference is what percentage they charge. We are transparent with our fees. Most firms tend to hide theirs.
Lower overhead means a lower fee, not a lower standard. The firm never makes more than the client.
*Venyx fee structure: 29% standard, 33% if a lawsuit is filed. Client is responsible for case costs. Calculator figures are estimates only; actual fees are discussed at consultation, and your final recovery is also reduced by case costs, medical liens and other legal obligations. Every case is different.
Cars, 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 a decade 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.
Colorado's statute sets an order. In the first year after the death, the surviving spouse has the primary right to file, and the children or a designated beneficiary can file with the spouse's written agreement or if there is no spouse. In the second year, the spouse, the children, or a designated beneficiary may file. If there is no spouse, child, or designated beneficiary, the parents may file, and since 2025 siblings can bring a claim in certain circumstances. The order matters, and getting it wrong can put the claim at risk.
Generally two years from the date of death. If a government entity is involved, such as a public vehicle or a dangerous road condition, written notice is generally required within 182 days. Those deadlines can arrive while a family is still grieving, which is one reason to talk with a lawyer early, even if you aren't ready to decide anything.
Yes, for noneconomic damages, which compensate for grief and loss of companionship. For wrongful death lawsuits filed on or after January 1, 2025, that cap is $2.125 million, with inflation adjustments beginning in 2028. Economic losses, like lost financial support and funeral costs, are not subject to that cap, and there is no cap at all when the death was caused by a felonious killing.
Economic damages can include the financial support and services your loved one would have provided, medical bills from the final injury, and funeral and burial costs. Noneconomic damages compensate the family for grief, loss of companionship, and emotional distress. Every family's losses are different, and the value of the case depends on building a full picture of the life that was lost.
Yes. The civil claim is separate from any criminal prosecution, it has a lower burden of proof, and it does not have to wait for the criminal case to finish. A conviction can help the civil case, but an acquittal does not end it.
Nothing upfront, and no attorney's fee unless we recover for you. My fee is 29% pre-litigation and 33% if we sue, compared to the 33-35% and 40-45% most Colorado firms charge. At every fee level, the firm never makes more than the client. See exactly how our fee works. You will work with me directly, not with a case manager.
Take care of each other first. When you're ready, keep the accident report, medical records, and bills in one place, don't give recorded statements to any insurance company, and don't sign any release. Evidence in a fatal crash should be preserved early, so a call with a lawyer sooner rather than later protects your options without committing you to anything.
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.
Get a Free Consultation
