Wrongful Death of a Child

Losing a child is every parent’s worst fear made real. There is no tidy way to talk about it, and there is no payment that can fill that empty seat at the table. What the law can do, however, is create accountability, uncover answers, and provide financial support that helps a family keep going. At Cook Bradford & Levy, led by trial lawyers Jason Levy and Brian Bradford, we guide grieving families through Colorado’s wrongful death process with care, clarity, and resolve. Our entire team’s focus is to shoulder the legal work so you can focus on your family. Call us today at 303-543-1000 for a free consultation.

What “Wrongful Death” Means in Colorado When a Child has Died

Colorado’s Wrongful Death Act allows certain family members to bring a civil claim when a person’s death was caused by another’s wrongful act. For an unmarried minor without descendants, Colorado law authorizes the child’s father and mother to bring the claim. The parents have an equal interest in the case and, if one parent is deceased, the surviving parent has the exclusive interest. This right exists whether the death resulted from a crash, a dangerous property condition, a defective product, medical negligence, or another preventable event. 

A Colorado civil wrongful death case is separate from any criminal prosecution. It is about accountability and compensation under civil standards of proof, which is much lower and easier to prove than in a criminal case. The statute also requires that claims arising from the death of one person be brought in a single civil action, and the recovery is then distributed under Colorado’s descent and distribution rules. 

Who Can File, and When

Parents as statutory beneficiaries

When the decedent is an unmarried minor with no descendants, either or both parents may file. Parents have equal standing to bring the claim and to share in the recovery unless one parent is deceased, in which case the surviving parent has the exclusive interest. If there are no surviving parents, the statute provides a path for other heirs in very limited circumstances. 

Deadlines that govern your case

Most Colorado wrongful death cases must be filed within two years from the date the claim accrues. There is a special, longer period when the death results from vehicular homicide coupled with the driver leaving the scene, in which case the deadline extends to four years. Additionally, if a governmental entity is involved, the are certain notice requirements that must be met within six (6) months of the event. Missing the deadline usually ends the claim completely, so early legal guidance matters. 

What Damages and Compensation are Available in a Wrongful Death Case Involving a Child?

Colorado law recognizes both economic and noneconomic losses, and it gives families two different paths to seek noneconomic relief.

Economic losses

Economic damages capture the financial impact of the death. In the context of a child, they often include funeral and burial expenses and, in some cases, the value of services or financial contributions the child would have provided. Interestingly, the Colorado Supreme Court has held that juries may not reduce wrongful death economic damages based on estimates of the decedent’s future income taxes, because those estimates are speculative and would undermine full compensation. 

Noneconomic damages, the wrongful death cap, and solatium

Colorado places a statutory cap on noneconomic damages in wrongful death cases. Beginning January 1, 2025, the legislature raised the general wrongful death noneconomic cap to 2,125,000 dollars, with future inflation adjustments scheduled to begin in 2028. Medical malpractice wrongful death caps follow a different, step-up schedule. Your lawyer will analyze which cap applies, based on the claim’s accrual date and the claim type.

Families also have the option to elect a statutory solatium. Solatium is a fixed amount that a family can choose to receive in lieu of litigating noneconomic damages, awarded upon a finding or admission of liability. The solatium amount is set by statute and periodically adjusted. The solatium election can simplify proof in certain cases and avoid a protracted fight over grief and companionship damages, but it also means giving up the opportunity to prove and recover a larger noneconomic award. Choosing between the capped noneconomic path and solatium is a strategic decision that should be made with counsel who understand the statute and current adjustments. 

Colorado law also includes a narrow “felonious killing” exception that removes the noneconomic cap when the death is caused by conduct meeting that definition, subject to how courts apply the exception within specific statutory frameworks. 

How Colorado Courts Shape Wrongful Death Claims

Case law gives real-world meaning to the statutes. Several decisions are especially important to families pursuing claims for the death of a child.

One death, one civil action, and how recoveries are handled

Colorado’s high court has emphasized that all claims stemming from a single death must be joined in one wrongful death action, and the resulting judgment is then distributed to heirs under the statutes of descent and distribution. That structure prevents duplicative suits and ensures consistent outcomes. 

Governmental and special statutory caps still apply

In Steedle v. Sereff, the court addressed how the Colorado Governmental Immunity Act interacts with the Wrongful Death Act. When the defendant is a governmental entity or employee, the governmental cap can limit total recovery for the death, even where multiple family members are harmed. Although most child wrongful death cases are against private actors, Steedle matters when public entities are involved, for example in roadway or school-related cases. 

What Makes Child Wrongful Death Claims Different

Proving the full human loss

Damages in a child’s wrongful death case can be complex. The law recognizes parental grief, loss of companionship, and the profound change to a family’s life, but it still requires proof that fits the statutory scheme. Families can present testimony about the child’s role in the household, the daily routines that are gone, the hobbies and plans that defined that child’s life, and the ways siblings and parents have been affected. The choice between a capped noneconomic claim and solatium affects how much of this evidence is needed, and how intrusive the process will be for your family.

Economic issues particular to minors

Because a child has not entered the workforce, expert testimony about likely services and contributions may be limited, but funeral and burial expenses, counseling costs, and other concrete losses are always compensable. Colorado’s prohibition on considering future income taxes helps prevent needless fights about unknowable future careers or tax codes.

Potential parallel claims

A child’s estate may also have a survival claim for the decedent’s own injuries between the negligent act and death, which is distinct from the family’s wrongful death claim. Survival actions belong to the estate and focus on the decedent’s own damages prior to death. The two types of claims serve different purposes, and they may proceed together. 

Allowing Cook Bradford & Levy to Develop Your Wrongful Death Case

Early investigation

Time matters. Alt Cook, Bradford and Levy, we move quickly to secure crash data, surveillance footage, product components, property maintenance logs, and witness statements. In motor vehicle cases, we promptly obtain law enforcement reports, download event-data recorders when appropriate, and work with reconstruction experts. In premises and product cases, we send preservation notices and, when needed, ask a court to prevent spoliation. Our experience litigating across Colorado means we know what evidence tends to vanish first and how to stop that from happening. 

Damages development that respects your family

Your story is central, and we are honored to tell it. We work with you to decide how much evidence you want to present about your child and your family’s life. If the case warrants a solatium election, we will explain that path in plain language and compare it to a traditional noneconomic claim under the current cap, with the goal of aligning legal choices with your family’s priorities. 

Answers to Common Questions from Grieving Parents

Do we have to agree as parents to file together

The Colorado Wrongful Death statute allows either parent to file. If both participate, they share an equal interest in the case unless one parent is deceased. We can help counsel separated or divorced parents on how to structure the lawsuit and settlement so that everyone’s rights are respected and the family can avoid unnecessary conflict. 

How long will the case take

Some cases resolve after a thorough investigation and structured negotiations with the insurer. Others require filing suit and, sometimes, a jury trial. Complex cases that involve multiple defendants, public entities, or disputed liability typically take longer. Our commitment is to communicate clearly at each milestone so you always know what comes next.

Is there any benefit to choosing a solatium

Possibly. Solatium replaces the fight over noneconomic damages with a fixed, adjusted amount once liability is admitted or proven. That can reduce the emotional burden of litigation, shorten the case, and lower the risk of invasive discovery into grief and family dynamics. The tradeoff is that you cannot also recover noneconomic damages under the general cap. We will model both paths for you so you can choose what aligns with your needs.

Why Families are Choosing Cook Bradford & Levy

You want a law firm that will listen, explain the process in human language, and then fight for you. You also want a firm rooted in Colorado, with a track record of handling serious injury and wrongful death cases and of dealing with the insurers and defense firms who operate here. Cook Bradford & Levy offers free consultations, works on a contingency fee basis, and meets families where they are, including at home when travel is hard. Our Lafayette office serves communities across the Colorado.

What to do Next

1. Take care of yourself and your family first. Accept help from friends, faith communities, and counselors.
   
2. When you feel ready, talk to a lawyer who will protect your rights and guide you through the next steps.
   
3. Start gathering documents and information you already have, such as incident reports, photographs, and contact information for witnesses.

Cook Bradford & Levy is available to speak with you, answer questions, and offer straightforward guidance about your options. We will listen first, then give you clear recommendations about how to proceed.

A Final Word from Our Colorado Wrongful Death Lawyers

Grief after the loss of a child is unlike any other pain. Some days will feel unbearable, and healing may seem out of reach. While the legal system cannot undo your loss, it can deliver accountability, recognition, and the financial support your family needs to move forward.

At Cook, Bradford & Levy, our Colorado wrongful death attorneys have helped families across the state find justice after preventable tragedies. If your child’s death may have been caused by negligence, we are here to explain your rights, guide you with compassion, and pursue the justice your child deserves under Colorado law.

Call us today at 303-543-1000 for a free and confidential consultation. Let our experience and care help you find a path forward.