Wrongful Death of a Spouse or Parent

We know that losing a spouse or parent reshapes a family in an instant. The grief is heavy, and the practical fallout is immediate. There are bills to pay, paperwork to untangle, and a thousand questions about what comes next. At Cook Bradford & Levy, our job is to steady you in that storm and lead you through the legal steps that protect your family’s future. We are a Colorado personal injury firm led by trial lawyers Jason Levy and Brian Bradford, and we represent families across the Front Range and throughout the state in wrongful death claims arising from crashes, dangerous premises, medical negligence, and other preventable harms. Our work is focused on answers, accountability, and financial recovery for the people left behind. Call us today at 303-543-1000 for a free consultation.

What a Colorado Wrongful Death Claim Does

A wrongful death claim exists to compensate close family members when a death is caused by another’s wrongful act, neglect, or default. It is different from the claim your loved one might have had for personal injuries while alive. Colorado’s Wrongful Death Act creates a separate claim that belongs to survivors, not the decedent, and it recognizes the unique and far reaching impact of losing a spouse or parent. Courts have long described this statute as a distinct cause of action for the survivors themselves, rather than a continuation of the decedent’s claim. 

The civil justice system cannot bring your person back. What it can do is impose financial responsibility on those who caused the loss, help your family absorb the shock of lost income and services, and provide compensation for grief and loss of companionship. That recovery is not a windfall. It is a recognition of the concrete and human consequences a preventable death leaves behind.

Who May File and When

Colorado law carefully sets out who may bring a wrongful death case, and when they may file. The timing rules depend on the first and second year after the death.

First Year After Death

In the first year, the surviving spouse has the exclusive right to file. The spouse may choose to file alone, to file jointly with the decedent’s heirs, or to allow the heirs to file in the spouse’s place. If there is no surviving spouse, the heirs may file, and in some circumstances a designated beneficiary may also file. These rules prevent multiple overlapping lawsuits and ensure a clear path forward. 

Second Year After Death

In the second year, the circle broadens. The spouse, the heirs, the spouse and heirs together, or a designated beneficiary may file. If the heirs file first, the spouse or designated beneficiary can move to join the case within the time allowed by statute once they receive notice. These joining rules protect family members who did not file first but have a rightful seat at the table. 

Special Situations and the 2024 Legislative Update

Colorado’s legislature updated the statute in 2024 to clarify and expand who may sue in certain circumstances. Among other changes, siblings may be permitted to sue if there is no spouse, no heirs, and no designated beneficiary, or in narrow situations involving minors or adults without descendants. This update reflects the reality that siblings sometimes are the closest remaining family. If your family structure is complex, we will map the filing options precisely and on the correct timeline.

The Related Survival Action

Families often pursue two claims together. The wrongful death claim belongs to survivors for their losses. A separate survival action belongs to the estate and is the decedent’s own claim that continues after death. Survival damages are limited to losses that accrued before death, such as medical expenses and lost earnings to the date of death. Colorado law does not allow recovery for the decedent’s pain and suffering under a survival action, and punitive damages cannot be awarded after the person’s death in a survival case. We evaluate both paths from the start, then plead each claim correctly so nothing is left on the table. 

Some Unique Damages Available to Spouses and Children in Wrongful Death Cases

Noneconomic Losses and Grief

In Colorado, families can recover economic losses like lost income and past medical expenses, but Colorado also allows recovery for the human losses that come with the death of a spouse or parent. These include grief, loss of companionship, emotional stress, and the many ways a family’s life is diminished. The law also provides an alternative called a solatium, which is a fixed amount that can be elected instead of pursuing noneconomic damages. For claims in 2024 and 2025, the adjusted solatium figure is reported as $135,990 dollars. We help families choose the approach that aligns with their evidence and goals. 

Solatium Explained

Solatium is a unique Colorado option. By electing solatium in writing, eligible family members receive the fixed statutory amount in lieu of noneconomic damages, plus economic losses and funeral expenses as proven. The Supreme Court of Colorado has held that when a plaintiff elects solatium and the decedent was less than 50 percent at fault, the plaintiff is entitled to the full statutory amount from a defendant. That decision protects families from having their solatium award reduced because of fault allocated to nonparty actors, and it guides strategy in cases with complicated fault scenarios. 

Exemplary or Punitive Damages

In egregious cases involving fraud, malice, or willful and wanton conduct, Colorado law allows exemplary damages in a wrongful death action. Courts can increase an exemplary award up to three times the amount of actual damages if there is continued or aggravated misconduct during the case, subject to statutory limits and judicial oversight. We evaluate punitive exposure early where the facts warrant it, such as extreme drunk driving, reckless company policies, egregious distracted driving, or intentional misconduct. 

One Case, One Shot

Colorado’s Wrongful Death Act permits only one civil action for the death of a single person. That is true even if there are multiple potential plaintiffs or multiple defendants. Settling a wrongful death claim counts as the action for purposes of this limitation. Filing strategy and family coordination are therefore critical. We organize the proper parties, obtain necessary consents, and align the case participants before suit is filed to avoid accidental forfeiture of other family members’ rights. 

Proving Fault and Causation

Every wrongful death case begins with liability. Our team investigates the full story behind the loss. In a fatal highway crash, we analyze electronic data, dash and traffic cameras, scene measurements, and commercial carrier records. In a dangerous premises case, we secure incident reports, maintenance logs, and prior complaint evidence. From the outset we preserve all available evidence through spoliation letters and prompt discovery, then position the case for resolution or trial. The standard of proof is a preponderance of the evidence. We build toward that standard in small, deliberate steps that add up to accountability.

Valuing a Family’s Case

No two families are alike. We never force lives into one size fits all formulas. Instead we capture the unique fabric of your family’s relationships and the practical impact of the loss. For a surviving spouse, that often includes the arc of a shared life, the balance between careers and caretaking, and the services your partner provided at home. For adult children, it may focus on guidance and mentoring that can be demonstrated through school, work, and family milestones. For younger children, we often work with experts to quantify lost parental guidance and support over time. This human portrait, paired with careful economic analysis, is what persuades insurers, mediators, judges, and juries.

The Timeline You Can Expect

Early Case Work Best

We begin with a free consultation to understand your family’s needs and to identify filing eligibility. Once retained, we secure the death certificate, open an estate if a survival claim is warranted, and calendar the filing windows. We gather insurance information and place carriers on notice. We request and preserve critical evidence, from vehicle data to property records to corporate policies and training materials. We also guide you through immediate benefits such as medical payments coverage, life insurance claims, or employer sponsored survivor benefits while the case develops. 

Filing and Discovery

We draft and file a detailed complaint that properly pleads both wrongful death and any survival claims, identifies all necessary and appropriate parties, and lays out the factual and legal bases for liability and damages. Discovery follows, which may include depositions, written discovery, and expert work. Wherever possible, we seek early resolution through focused negotiations or mediation, but we prepare each case on the assumption it will go to trial. That approach consistently improves settlement leverage.

Resolution, Trial, and Appeal

Many cases resolve in mediation once liability and damages are clear or the risk is high for the insurance company to deny liability. If not, we try cases before Colorado juries and preserve the record for appeal. We are familiar with the decisions that shape outcomes, including cases on solatium, noneconomic damages caps, and the calculation of economic losses, and we brief the court on these issues to protect your recovery. 

Insurance, Multiple Defendants, and Comparative Fault

Wrongful death cases often involve several layers of insurance and multiple responsible parties. A roadway death might implicate a negligent driver, an employer, a vehicle manufacturer, or a governmental entity. Under Colorado’s proportionate liability rules, the defense may try to blame empty chairs. We counter with precise liability evidence, and where solatium is elected, we rely on the Supreme Court’s guidance to secure the full amount despite fault attributed to nonparties when the decedent’s fault is less than 50 percent. In cases without a solatium election, we prepare to defeat apportionment strategies with expert reconstruction, industry standards, and thorough cross examination. 

Special Considerations When the Decedent Was a Parent

When a parent dies, children lose more than financial support. They lose a guide, a mentor, and a steady hand. Colorado law recognizes the right of heirs to bring a claim in the correct time window and to recover for the loss of companionship and guidance, subject to the statutory framework for caps and solatium. We make sure children’s voices are reflected in the case record through thoughtful testimony, school or community records, and family narratives that show what was lost. Where minors are involved, we coordinate court approval of settlements to protect those funds for education and life needs. 

Special Considerations When the Decedent Was a Spouse

A spouse’s death reshapes every day’s routines. The surviving spouse’s claim recognizes both the economic and human losses of a shared life. We build proof of household services and partnership support through calendars, messages, and the testimony of friends and family. We also document retirement plans, life expectancy, and the financial consequences of disrupted goals. Where appropriate, we evaluate exemplary damages in cases with aggravated wrongdoing and pursue them within the boundaries of the statute. 

Why Families are Selecting Cook Bradford & Levy

You deserve lawyers who will meet you where you are, translate complex rules into plain language, and stand up to insurers and corporations with experience and resolve. Our team is built for that work. We practice statewide from our Lafayette area office, and we remain directly reachable to our clients while cases are pending and often several years after a case closes. We walk families through the most difficult chapters of their lives with legal skill and practical compassion. Your first conversation with us is free, and if we take your case, you do not owe fees unless we recover for you. 

Our Commitment To You

At our personal injury law firm, we believe families deserve patient counsel and relentless advocacy. That means returning calls, preparing witnesses carefully, and showing up in the hard moments when answers are scarce. It also means knowing the statutes and decisions that control your case and using them to your advantage. Brian and Jason will keep you informed at every step, translate legal language into practical terms, and measure every recommendation against your goals.

Colorado Wrongful Death Lawyers Who Listen and Take Action

Losing a spouse or parent because of someone else’s negligence is an experience no family should endure. The emotional, financial, and practical challenges can feel overwhelming, but you don’t have to face them alone. At Cook, Bradford & Levy, our Colorado wrongful death attorneys are here to listen, answer your questions, and guide you through every step of the legal process with care and precision. We understand what’s at stake for your family, and we’ll stand by your side to seek accountability and justice for your loved one.

Our Lafayette-based law firm represents families throughout Colorado in wrongful death cases arising from car and truck crashes, unsafe property conditions, and other preventable tragedies. When you sit down with us, you’ll speak directly with experienced trial lawyers who treat your story with respect and urgency. Call 303-543-1000 or reach out through our website to schedule a free, no-pressure consultation. Let us shoulder the legal burden so you can focus on healing and protecting your family’s future.