A tragic loss caused by someone else’s negligence is a life-changing event, leaving a trail of heartbreak, unanswered questions, and financial uncertainty. In times like these, you might feel overwhelmed and uncertain about where to turn or how to move forward. A Denver wrongful death lawyer can help you honor your loved one’s memory and hold the responsible parties accountable.
At Gerash Steiner, P.C., we are relentless advocates who know how to take on powerful corporations and insurance companies that try to dodge responsibility. We combine compassion with courtroom tenacity, ensuring that you are supported and fiercely represented every step of the way.
If you’re ready to take control of your case and fight for the justice your family deserves, keep reading to learn how we can help guide you through the legal process in Colorado.
What Is Wrongful Death?
Any death that is the result of someone else’s negligence or intentional actions can be considered a wrongful death. Most commonly, wrongful death lawsuits are filed for auto vehicle accident deaths, victims of medical negligence, product failure leading to death, or nursing home abuse and neglect. Our Denver wrongful death attorneys can help you determine if you have a valid wrongful death case and then help you fight for the full compensation you deserve.
What Do You Need to Prove in a Wrongful Death Case?
Wrongful death claims are civil lawsuits filed by surviving family members when another person’s misconduct or negligence caused someone’s death. These claims serve to compensate the family for the financial and emotional consequences of an untimely death.
To succeed in a Colorado wrongful death case, you must establish the following elements:
- Duty of care. The at-fault party was legally obligated to act safely and reasonably under the circumstances. This duty can apply to drivers, property owners, medical professionals, and others.
- Breach of duty. The responsible party failed to uphold that duty through negligent or reckless behavior, such as running a red light or misdiagnosing a medical condition.
- Causation. The breach of duty must be shown to have directly caused the death. This element often involves gathering physical evidence, expert testimony, and eyewitness accounts.
- Damages. The death must have resulted in losses to the surviving family members, including financial hardship and emotional suffering.
Colorado law outlines who may file a claim and when. In most cases, spouses, children, or parents are eligible to pursue wrongful death compensation. Our Denver wrongful death lawyers act quickly to help protect your rights within these strict legal timelines.
What Evidence Is Used in Wrongful Death Cases?
The strength of a wrongful death case often hinges on the quality, relevance, and preservation of available evidence. Every detail can influence how liability is determined and how much compensation the surviving family may receive. At Gerash Steiner P.C., we approach evidence collection with strategic attention to detail, ensuring nothing critical is overlooked.
Some of the most important types of evidence include:
- Accident reports—from police or emergency responders that summarize the scene, indicate contributing factors, and may document citations or violations;
- Witness statements—that provide independent perspectives of what occurred before, during, or after the incident;
- Photos and videos—showing road conditions, vehicle positions, environmental hazards, and visible injuries;
- Medical documentation—that supports the cause of death, prior treatment, and the timeline between injury and fatality;
- Financial and employment records—proving the decedent’s earnings, benefits, and expected career trajectory;
- Expert testimony—from professionals in accident reconstruction, medical evaluation, and economic impact analysis; and
- Digital communications—such as emails, text messages, or internal reports that may reflect negligence or prior safety concerns.
We also investigate whether the defendant had a history of similar incidents, safety violations, or complaints. In cases involving corporations or institutions, this broader context can be instrumental in establishing a pattern of negligence.
Preserving this evidence is critical. We act quickly to send preservation letters, conduct scene investigations, and collect records before they are altered or lost. Our Denver wrongful death lawyers collaborate with respected experts and forensic specialists when needed to help build a compelling, well-supported case.
Why Do I Need a Denver Wrongful Death Lawyer?
At Gerash Steiner, P.C., our Denver wrongful death lawyers are committed to supporting those who have lost loved ones. Here’s how a skilled wrongful death attorney in Denver can help you:
- Legal guidance and experience. Wrongful death laws are complex, and small mistakes can jeopardize your case. Our lawyers understand the legal system and ensure that every aspect of your claim is handled correctly.
- Investigation and evidence collection. We gather critical evidence such as police reports, medical records, and witness statements to strengthen your case and prove liability.
- Negotiation with insurance companies. Insurance adjusters often try to minimize payouts. We handle negotiations to seek a settlement that fully covers your losses.
- Courtroom advocacy. If a fair settlement isn’t possible, we’re prepared to take your case to trial. Our trial attorneys are experienced in presenting compelling arguments before judges and juries.
- Emotional support. We offer compassionate and kindhearted counsel to help you through this difficult time, ensuring you feel heard and supported.
We will build a strong case, gather every piece of evidence, and advocate tirelessly for the justice your family deserves. When you work with us, you will always speak directly with an
attorney who understands the stakes and is committed to guiding you with empathy and professionalism. Call us or email us to get started on your claim.
What Are Common Causes of Wrongful Deaths?
Wrongful deaths occur when an individual’s life is tragically cut short due to the careless, reckless, or intentional actions of another. These incidents can arise in various circumstances, many of which could have been prevented. Some of the most common causes include:
- Automobile accidents. Fatal crashes often result from drunk driving, distracted driving,
- speeding, or other negligent behaviors on the road.
- Medical malpractice. Mistakes such as misdiagnosis, surgical errors, or failure to provide timely treatment can lead to preventable deaths.
- Workplace accidents. Hazardous working conditions, lack of safety protocols, and defective equipment can result in fatal injuries, especially in construction and industrial settings.
- Defective products. Dangerous or poorly designed products, including faulty vehicles, machinery, or medications, can lead to fatal accidents.
- Premises liability. Fatal injuries may occur due to unsafe property conditions, such as slip and fall accidents, inadequate security, or exposure to hazardous materials.
Understanding the cause of your loved one’s wrongful death is essential to building a strong legal case. At Gerash Steiner, P.C., we thoroughly investigate each case to uncover the truth and hold negligent parties accountable.
What Is the Average Wrongful Death Settlement in Colorado?
There is no definitive “average” settlement amount for a wrongful death case in Colorado. Each claim is unique, and the outcome depends on numerous factors. However, compensation often ranges from tens of thousands to millions of dollars.
Some of the most important variables influencing a settlement include:
- Insurance coverage available through the at-fault party’s policy or employer;
- Medical expenses and burial costs resulting from the injury and death;
- Emotional pain and loss of support experienced by the surviving family;
- Age and earning potential of the decedent, which impacts long-term financial damages; and
- Nature of the incident and whether egregious conduct was involved.
These considerations highlight the importance of working with experienced Denver wrongful death attorneys who know how to calculate the full extent of your damages and negotiate with insurers effectively.
- Including drunk driving accidents and commercial truck crashes
- Dangerous drugs, automobile defects, and product liability cases
- Improper diagnosis or failure to treat
- Inefficient security, slip & fall cases, rabid dog bites
Statute of Limitations on Colorado Wrongful Death Claims
Understanding the time limits for filing a wrongful death claim is essential to protecting your right to seek justice and compensation. Colorado law sets a two-year statute of limitations for most wrongful death claims. This law means you must file your lawsuit within two years from the date of your loved one’s death.
However, there are important exceptions to be aware of:
- Motor vehicle accident. If the wrongful death occurred as a result of a car accident, the statute of limitations extends to three years.
- Vehicular homicide. A wrongful death lawsuit related to vehicular homicide, where the defendant also fled the scene of the fatal accident, must be filed within four years from the date of death, regardless of the legal theory or the defendant involved.
- Dram Shop Act. If a wrongful death claim is based on Colorado’s Dram Shop Act, then the claim must be filed against a social host within one year after the service of alcohol.
Once the statute of limitations expires, you are typically barred from filing a wrongful death lawsuit. Therefore, it is crucial to consult with an experienced Denver wrongful death attorney as soon as possible. At Gerash Steiner, P.C., we act quickly to preserve evidence, build a strong case, and ensure you meet all deadlines to protect your claim.
Frequently Asked Questions
Here are some commonly asked questions about wrongful death.
Who Can File a Wrongful Death Claim in Colorado?
Colorado law limits wrongful death claimants to spouses, the deceased’s children, and the deceased’s designated beneficiary, if any. The law allows only the deceased’s surviving spouse to file a claim in the first year after the wrongful death. If there is no surviving spouse, then the deceased’s children and then any designated beneficiaries can file. In the second year after the wrongful death, the surviving spouse, children, and designated beneficiary can file. The parents of the deceased cannot file a wrongful death claim unless there is no spouse, child, or designated beneficiary.
What Damages Can I Win in a Wrongful Death Case?
Colorado law allows you to recover economic and non-economic damages including:
- Lost financial support,
- Lost services to the family,
- Funeral expenses,
- Property damages,
- Pain and suffering,
- Sorrow and grief,
- Loss of consortium or friendship, and
- Punitive damages.
Colorado law allows exemplary or punitive damages only in limited circumstances. Additionally, Colorado law caps pain and suffering damages. Therefore, you should talk to an experienced Denver wrongful death lawyer about the damages you can receive.
What Are My Options If My Loved One Didn’t Die Right Away?
Colorado Revised Statute 13-21-202 allows your loved one’s estate to file a claim for damages for any losses between the infliction of injury and the time they died. Under this statute, your loved one’s estate can file a claim against the entity responsible for inflicting injury. The estate could claim damages like medical expenses and lost wages.
Depending on the circumstances, there could be both a wrongful death claim and a survival claim. The two claims are brought for different purposes and benefit different individuals. Compensation for wrongful death belongs to the deceased person’s close family members, while compensation for a survival claim goes to the person’s estate. Your Denver wrongful death claim attorney can further explain how to claim damages under this law and Colorado’s wrongful death statute.
How Much Does It Cost to Hire a Denver Wrongful Death Attorney?
One of the most common concerns families have after a wrongful death is the cost of legal representation. At Gerash Steiner, P.C., we understand that financial burdens can be overwhelming after losing a loved one. That’s why we operate on a contingency fee basis for wrongful death cases.
With a contingency fee arrangement, you pay no upfront costs. We only collect our fees as a percentage of the compensation we recover on your behalf. You owe us nothing if we do not secure a settlement or favorable court verdict for you. This structure ensures that legal services are accessible to families without adding more financial strain.
Statistics and Resources for Colorado Families
According to the CDC, unintentional injuries are the third leading cause of death in the country. Many of these fatalities involve preventable incidents like motor vehicle crashes, falls, and medical errors.
Colorado families coping with the sudden loss of a loved one may find the following resources helpful:
- Colorado Judicial Branch—Learn about the legal process for civil claims, including wrongful death lawsuits;
- Denver Office of the Medical Examiner—Access official reports and documentation on the cause of death; and
- Colorado Department of Public Health and Environment—Explore public health data and available grief resources.
Our firm can assist you in locating and interpreting records from these agencies, as well as preparing them for use in your legal case.
Contact a Wrongful Death Attorney in Denver Today!
The sudden and preventable loss of a loved one is a tragedy that no family should have to endure. While no amount of compensation can replace what has been lost, pursuing a wrongful death claim can help provide both justice and financial stability during a time of immense grief.
We are committed to providing compassionate, high-quality representation that prioritizes your family’s needs. One of our partners, Attorney Eric Steiner, M.D., is also a doctor. As a physician and a practicing lawyer, Dr. Steiner provides valuable legal insight on medical issues that apply to fatality cases.
To view some of the successful results we have achieved on behalf of wrongful death clients and their families, please review our representative cases. We proudly provide free case consultations on all injury and wrongful death claims. Contact our Denver wrongful death attorneys to learn more about how we can help you.
Our experienced legal team also handles other types of injury cases, including:
- Auto Vehicle Accidents
- Trucking Accidents
- Product Defects
- Motor Vehicle Accidents
- Trip and Fall
- Pedestrian / Bicycle Accidents
- Railroad / FELA Injuries
- Construction Site Accidents
- Catastrophic Injuries
If you need effective representation in a fatal accident claim, call the Denver wrongful death lawyer at Gerash Steiner, P.C. to discuss your case.