Wrongful Death of an Elderly Family Member

Losing a parent or grandparent is always hard. When the loss happens because a person, facility, or company failed to act with reasonable care, the grief is often accompanied by questions that deserve clear answers. At Cook Bradford & Levy, our Boulder County based wrongful death attorneys help Colorado families protect their loved one’s legacy, investigate what went wrong, and pursue the compensation the law allows. Our firm is led by trial lawyers Jason Levy and Brian Bradford, and we are committed to respectful guidance and diligent advocacy from the first conversation through resolution. Call us today at 303-543-1000 for your free consultation.

What Counts as a Wrongful Death Under Colorado Law

Colorado’s wrongful death law allows certain family members to bring a civil claim when a death is caused by another’s negligence, recklessness, or intentional act. The statute gives the surviving spouse priority to file in the first year after death. In some circumstances the decedent’s heirs, a designated beneficiary, or other relatives may file. The law was recently updated to expand who may sue in limited situations, which can matter when an elder left no spouse or when the adult children live out of state. 

Colorado also recognizes a separate but related survival action. A survival claim belongs to the estate and seeks the damages the decedent could have recovered if they had lived, such as medical bills incurred before death and lost wages to the date of passing, but not pain and suffering after death. Families often pursue wrongful death and survival claims together to account for the full scope of harm. 

Why Elder Cases Are Different

Common fact patterns in elder wrongful death cases

Older adults face unique risks that can compound when safety rules are ignored. We frequently see the following scenarios in elder cases:

• Falls in nursing homes, assisted living, or hospitals that result from poor staffing, failure to use bed or chair alarms, or ignored fall risk assessments.
  
• Medication errors or failure to monitor drug interactions that cause aspiration, internal bleeding, or stroke.
  
• Wandering or elopement from memory care due to inadequate supervision or malfunctioning alarms.
  
• Pressure injuries that progress to sepsis because repositioning and wound care protocols were not followed.
  
• Pedestrian or scooter collisions in parking lots and crosswalks, where drivers fail to yield to elders with slower gait or mobility devices.

These events can be the product of negligence or, in some instances, a pattern of reckless disregard for resident safety. Recognizing the difference matters for how a case is investigated and valued. 

Proving fault in elder settings

In facilities caring for older adults, the standard of care is shaped by federal and state regulations, physician orders, and facility policies. Establishing fault usually involves a careful review of charting and risk assessments, interviews of staff and administrators, and consultation with nursing and medical experts. When a facility’s own documentation shows that fall risk, pressure sore risk, or aspiration risk was identified and then ignored, that can be powerful evidence.

Our team here at Cook, Bradford and Levy builds the liability picture with methodical records analysis and targeted witness examinations. That preparation allows us to explain, in clear terms, how basic safety rules would have prevented the outcome and why responsibility rests with the people and companies who broke those rules.

Who Can File and When

Priority to file

Colorado’s statute defines who may bring a wrongful death claim and when they may do so. In the first year after death, the surviving spouse has the exclusive right to file or to allow the decedent’s heirs to file. In the second year, the heirs may file if the spouse has not done so. If there is no surviving spouse, the heirs or a designated beneficiary may file. Recent legislative changes recognize limited circumstances in which siblings or their heirs may bring a claim. These timing and eligibility rules are technical, and a short consultation can prevent procedural missteps. 

Statute of limitations

Most Colorado wrongful death claims must be filed within two years of the date of death. There is a limited exception that extends the deadline to four years in certain hit and run vehicular homicide cases. Also, there is a time limit of six (6) months to file a notice if the death was caused by a governmental entity. Waiting to start the investigation risks losing critical evidence, so it is wise to speak with counsel as soon as possible. 

What Damages Are Available

Economic losses

Families like yours can recover the financial contributions their loved one would have made, funeral and burial costs, and other provable economic harms. Even where a family elder was retired, Colorado law recognizes the value of household services, guidance, and benefits that the decedent provided, along with out of pocket expenses caused by the death.

Noneconomic losses and the solatium option

Colorado permits you to recover the noneconomic damages such as grief, loss of companionship, and emotional stress. The legislature has set limits on noneconomic wrongful death damages, and those limits are periodically adjusted for inflation. Families may choose an alternative called the solatium, which is a fixed amount designed to acknowledge grief without proving the full detail of noneconomic harm. The choice between pursuing noneconomic damages or electing the solatium should be made with advice tailored to the facts because it cannot be changed later. 

Survival damages

Through a survival action, the estate may recover pre-death economic losses such as medical expenses related to the final injury and lost earnings up to the date of death. Colorado law does not allow pain and suffering or punitive damages to be awarded in a survival action after the defendant’s or the decedent’s death, but punitive damages may sometimes be available in the wrongful death claim itself when conduct is proven willful and wanton. 

Building Your Elder Wrongful Death Case 

Early evidence preservation

The most effective elder wrongful death cases begin with rapid preservation of evidence. We send spoliation notices to facilities and insurers, request complete charts including medication administration records and care plans, secure photographs of the scene and any equipment, and identify all potentially responsible entities. In a traffic or premises case, that can include businesses that control parking lots or sidewalks, maintenance companies, and product manufacturers.

Expert work that fits the facts

Elder cases often require multiple disciplines. A nursing expert can explain fall prevention and pressure ulcer protocols. A geriatrician can speak to aspiration risks and medication management. An economist can value household services and benefits even when a retiree no longer had wage income. Where the conduct rises to recklessness, we analyze whether the facts support a request for exemplary damages within Colorado’s statutory framework. 

Addressing causation in the presence of co-morbidities

Defense lawyers sometimes argue that an elder’s medical conditions, rather than negligent conduct, caused the death. Colorado law does not excuse negligence simply because a person was vulnerable. Caregivers and drivers must take people as they find them and follow safety rules precisely because frail elders can be harmed by errors that a younger adult might withstand. Proper expert testimony and careful documentation can separate preexisting conditions from the injuries that actually caused the death.

Special Considerations in Nursing Home and Assisted Living Cases

Staffing and training

Facilities must staff adequately and train employees to recognize and respond to known risks. Patterns of understaffing, high turnover, or reliance on agency staff can lead to skipped safety checks and charting that is inaccurate or copied forward. These patterns are frequently at the heart of preventable falls, pressure injuries, and fatal infections.

Policies that look good on paper but fail in practice

Most facilities have policies that promise individualized care. The real test is whether those policies are implemented. When care plans call for one on one supervision for ambulation, for example, a resident should never be left to walk alone. When orders require thickened liquids to prevent aspiration, every shift must comply. We compare written policies and physician orders to actual practice using timestamped chart entries, call bell records, electronic medication logs, and witness interviews. 

Evaluating egregious conduct

Some elder wrongful death cases involve more than negligence. Repeated violations, falsified charting, or conscious disregard for known risks can support enhanced remedies. When the evidence shows a pattern of dangerous behavior, we pursue accountability that fits the seriousness of the conduct under Colorado law. 

How Cook Bradford & Levy Helps Your Family

Local roots and trial readiness

Our firm serves families across Coloradol, and we offer free consultations, travel to meet families when needed, and handle wrongful death cases with no fee unless we recover compensation. Our approach pairs compassionate client service with trial focused preparation, which gives families leverage at the negotiating table and confidence if a jury must decide. 

Clear communication and decisions that belong to you

We explain the law in plain language, break down options at each stage, and help you decide whether to pursue settlement or trial based on your goals. In elder cases, that often includes conversations about whether to elect the solatium, how to coordinate a survival claim with wrongful death, and how to document the extraordinary noneconomic harm families endure when a parent or grandparent is lost.

Respect for your loved one’s story

Every elder has a life story that deserves to be told with dignity. We work with families to collect photographs, handwritten cards, and memories from friends and neighbors to humanize the decedent. These details help juries and adjusters understand the real impact of the loss and why accountability matters.

Frequently Asked Questions

What if my loved one was already very ill

You can still have a wrongful death case. The question is whether negligent conduct caused the death or shortened life in a way the law recognizes. Even when someone is near the end of life, safety rules still apply. A fatal fall due to ignored precautions, for example, can be actionable.

Do we have to go to court

Many cases resolve without a trial once the evidence is developed and presented clearly. We prepare every case as if it will be tried. That preparation is the best path to fair resolution.

What if the facility pressures us to sign forms

Speak with counsel first. Admissions agreements, arbitration clauses, and releases can affect your rights. We review documents quickly and advise on next steps.

Getting Started

If you have lost an elderly family member and you suspect negligence or wrongdoing contributed to their passing, a conversation with an experienced wrongful death lawyer can help you understand your options. Colorado law sets who may file and when, and it provides several routes to compensation that must be chosen carefully. We are ready to listen, to investigate, and to pursue justice for your family.

Call Cook Bradford & Levy today at 303-543-1000 to schedule a free consultation with Jason Levy or Brian Bradford. We can meet wherever is easiest for you or speak via phone or video-conference. Cook Bradford & Levy is honored to stand with Colorado families during some of the hardest days of their lives. Your parent or grandparent’s legacy is worth protecting. We are here to help you do it.