Denver Wrongful Death Lawyer

Losing a loved one in Denver is devastating, but when that loss stems from someone else’s negligence – whether on I-25, at a local construction site, or in one of our medical facilities – the pain is compounded by a sense of injustice. In these heart-wrenching moments, a Denver wrongful death attorney becomes more than just a legal representative – they’re a beacon of hope and an unwavering advocate for Front Range families.

With compassionate guidance and relentless determination, our experienced Denver lawyer navigates Colorado’s complex wrongful death laws, including the state’s 2025 statute of limitations and damage caps. We fight to hold responsible parties accountable.

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At McQuaid Injury Law, our experienced Denver wrongful death attorney understands the complex legal and emotional challenges Front Range families face after a tragic loss. We are committed to helping you seek justice under Colorado’s 2025 wrongful death statutes while providing compassionate support during this difficult time.

Legal representation is crucial in Denver wrongful death cases due to the complexities of proving liability under state law and calculating damages within Colorado’s statutory limits. Our skilled Denver team will thoroughly investigate the circumstances of your loved one’s death – from accidents in the Denver Tech Center to incidents at mountain construction sites – and identify all responsible parties. We understand the unique aspects of wrongful death litigation in Denver’s courts and will build a strong case to help your family recover the full compensation allowed under Colorado law. Whether the tragedy occurred in downtown Denver, at DIA, or anywhere across the metro area, we’ll be your dedicated advocates in seeking justice through the Colorado legal system.

In 2023, the total number of injury-related deaths in Colorado was 5,024, based on data from the Colorado Department of Public Health and Environment (CDPHE).

casket with family surrounding it after a wrongful death due to a truck accident
Wrongful death lawsuits can provide compensation for funeral expenses, lost income, and loss of companionship.
Types of Wrongful Death Cases We Handle

Our Denver firm has extensive experience handling a wide range of wrongful death cases, including those caused by:

Car accidents

Devastating losses when negligent drivers rob families of their loved ones through reckless actions that could have been prevented.

Truck accidents

Catastrophic fatalities caused by commercial trucking companies who put profits ahead of safety, leaving families to face an unimaginable future.

Medical malpractice

Heartbreaking deaths resulting from healthcare providers’ preventable errors or negligent decisions that violate the sacred trust between doctor and patient.

Workplace accidents

Tragic losses when employers sacrifice worker safety for productivity, leaving families without their breadwinners due to preventable accidents.

Defective products

Senseless fatalities caused by manufacturers who rush dangerous products to market, knowing they could cause deadly harm to unsuspecting consumers.

Nursing home abuse or neglect

Unforgivable deaths in facilities entrusted with our elderly loved ones, where negligent care leads to preventable tragedies.

Construction accidents

Fatal incidents on job sites where critical safety protocols were ignored, leaving families to cope with the ultimate price of corporate negligence.

Premises liability incidents

Preventable deaths occurring on dangerous properties where owners failed their basic duty to protect visitors from deadly hazards.

Aviation accidents

Catastrophic losses caused by airline negligence, maintenance failures, or pilot errors turn routine flights into devastating tragedies for surviving families.

Compensation Available in Wrongful Death Cases

While no amount of money can truly compensate for the loss of a loved one, a wrongful death claim can provide financial support for:

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Some common financial compensations include:

  • Funeral and burial expenses
  • Pain and suffering experienced by the deceased before death
  • Medical bills related to the final illness or injury
  • Punitive damages in cases of extreme negligence or misconduct
  • Lost income and benefits the deceased would have earned 
  • Loss of companionship and emotional support 
Why Choose Our Firm

Don’t Be Afraid, Call McQuaid

Our experienced team combines aggressive litigation tactics with compassionate client care to maximize your compensation while supporting you through every step of your recovery journey.

  • 20 years of experience in wrongful death litigation
  • Dedicated team of wrongful death Professionals 
  • In-depth knowledge of state-specific wrongful death laws and regulations 
  • proven track record of successful settlements and verdicts
  • Compassionate approach focused on supporting grieving families
  • No fee unless we win your case
  • 24/7 availability for client communication
Lawyer McQuaid with personal injury victim in denver
Handing Check to personal Injury victim in phoenix
Personal Injury attorney Brendan McQuaid
Our Process

From Injury to Justice: 5 Simple Steps

Getting fair compensation after losing a loved one in Denver starts with one step. Begin with a free consultation at our downtown Denver office—we’re available 24/7 to support grieving families across the Front Range. Our compassionate team will investigate your case anywhere in the metro area, from workplace accidents in Commerce City to medical incidents at Denver’s hospitals, and handle all Colorado court documentation while you focus on your family.

We’ll fight determinedly through the Colorado legal system to win your case under the state’s 2025 wrongful death statutes. You pay nothing unless we secure your settlement. Your path to justice in Denver begins with one call to our 17th Street office, where our experienced wrongful death attorneys are ready to guide your family through this difficult time with the care and respect you deserve.

Dial or Text (303) 551-9495 in Colorado or (602) 892-4111 in Arizona to speak with one of our experienced personal injury professionals. We’re here to listen to your story and answer your questions. You can also fill out the contact form to request a free consultation. Provide some basic details about your case, and we’ll get back to you promptly.

Attorney Brendan McQuaid will work on your case, supported by a team of professionals who will work tirelessly to protect your rights. At McQuaid Injury law, you will always speak with an attorney.

Our experienced team will handle the process of filing a personal injury claim with tall responsible insurance companies. We’ll investigate your case thoroughly and collect evidence and documentation to support your claim. We’ll negotiate with the insurance company to secure the maximum compensation possible, always striving to reach a fair settlement.

When an insurance settlement offer isn’t fair or your case requires aggressive legal action, we’ll take your fight to court. Our legal team prepares a compelling case, ensuring all the necessary documentation and witnesses are in place. Our experienced trial team will vigorously represent you in court, fighting for your rights and the compensation you deserve.

Our commitment to you is to achieve the best possible outcome for your case. We’ll work tirelessly to:

Maximize Compensation: We’ll strive to secure compensation for medical bills, lost wages, pain and suffering, and other damages. Brendan McQuaid is a member of the Multi-Million Dollar Advocates Forum, as he has achieved multi-million dollar results for his clients.

Peace of Mind: While we handle the legal complexities, you can focus on your recovery and well-being, knowing your case is in capable hands.

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Victories Echoed: What Our Clients Say

Don’t just take our word for it—hear from those we’ve helped. Our clients’ stories of triumph over adversity speak volumes about our dedication and expertise. From life-changing settlements to compassionate support throughout the legal process, these testimonials reflect our unwavering commitment to justice. Discover why so many trust us with their most challenging moments.

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Based on 157 Reviews
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Jose Gomez
Jose Gomez
March 10, 2025

I was rear ended and got push into a truck infront hurt my leg and my back pretty badly and mcquaid help me get back on my feet

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Ismael Rivera
Ismael Rivera
January 29, 2025

You will be satisfied and thankful you hired the dream team, very persistent and will battle for you until the end

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David Reyes
David Reyes
January 14, 2025

I recently had a car accident and sought the help of McQuaid Injury Law. Brenden McQuaid was incredibly supportive and professional throughout the entire process. They handled my case with great expertise and ensured that I received the compensation I deserved. Their dedication and attention to detail made a stressful situation much more manageable. I highly recommend McQuaid Injury Law for anyone needing legal assistance after an accident. Thank you for your outstanding service!"

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Sara Lockhart
Sara Lockhart
January 9, 2025

We are so grateful for Brendan McQuaid and helping us with our son’s injury claim. We are very impressed with his attention to detail and making sure everything was handled correctly and timely.

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Anita Edwards
Anita Edwards
January 9, 2025

Brendan McQuaid and his team have done such an amazing job for my son‘s case. They are attentive, and know exactly how to handle things appropriately. I trust Brendan and would recommend him to anybody!

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Matt Edgar
Matt Edgar
January 3, 2025

Great job!

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George Ressinger
George Ressinger
December 3, 2024

Brendan and his team got me through a difficult process, and got me a good result

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Joe Totten
Joe Totten
November 9, 2024

This past summer I was in a car accident that left me with very serious injuries and ended up in the hospital for 12 days. My medical bills were astronomical, and I was not able to work due to my injuries. I knew I needed help. I reached out to several large law firms, however, they were either too busy or not interested in taking my case. I finally found McQuaid Injury Law where Brendan and his team immediately took me in and started helping me with my situation. I was truly amazed how quick and efficient they were as they settled my case with maximum recovery potential in a short time frame. They took more interest in my case and undoubtedly put forth more effort than any big law firm would have. Brendan McQuaid is a phenomenal attorney and his head Paralegal Richelle was incredible to work with. I could not have made a better choice going with McQuaid Injury Law as my legal counsel!

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Michael Carlaw
Michael Carlaw
October 22, 2024

Got in a car accident this spring. Connected with them through a referral and they handled the case step by step. Very professional and superb communication! Thank you for helping!!

Your Denver Wrongful Death Questions Answered

Navigate the road to recovery with confidence as we address the most pressing questions our clients ask after experiencing a death.

In Colorado, the right to file a wrongful death lawsuit is governed by specific rules and time frames:

First Year After Death

  • The surviving spouse has the exclusive right to file a wrongful death lawsuit.
  • If there is no surviving spouse, the deceased’s children or designated beneficiary may file.

Second Year After Death

The following parties can file:

  • Surviving spouse
  • Children of the deceased
  • Heirs of the deceased
  • Spouse and heirs together

Special Circumstances

  • If the deceased had no surviving spouse or children, parents can file within two years of the death.
  • As of January 1, 2025, surviving siblings and their heirs may file if there’s no surviving spouse, children, or designated beneficiary.

Additional Notes

  • The statute of limitations for wrongful death claims in Colorado is two years from the date of death.
  • A spouse can grant written permission for heirs to join or file their own claim in the first year.
  • Designated beneficiaries may have priority if specified in an agreement.

This hierarchical structure ensures that those most impacted by the loss have the primary right to seek compensation.

In Colorado, you generally have two years from the date of death to file a wrongful death lawsuit. This time limit is set by the state’s statute of limitations and applies to most wrongful death cases. However, there are exceptions:

Exceptions to the Two-Year Rule

  1. Vehicular Homicide in Hit-and-Run Cases: If the wrongful death resulted from vehicular homicide in a hit-and-run accident, the statute of limitations is extended to four years.
  2. Motor Vehicle Accidents: For deaths caused by motor vehicle accidents (e.g., car or truck crashes), the statute of limitations is extended to three years.
  3. Fraud or Concealment: If the at-fault party concealed evidence or engaged in fraud that delayed filing, the statute of limitations may be “tolled” (paused) until the concealment is discovered.

To protect your right to compensation, it’s crucial to act promptly and consult an attorney as soon as possible after the death. Missing the deadline will likely bar you from pursuing legal action.

In Colorado, wrongful death claims and survival actions are two distinct legal mechanisms for seeking compensation after a person’s death, with key differences in purpose, claimants, and available damages:

Wrongful Death Claims

  • Filed by surviving family members (spouse, children, parents, or designated beneficiary)
  • Seek compensation for the family’s losses due to the death
  • Damages include:
  • Loss of financial support
  • Loss of companionship and guidance
  • Emotional suffering of survivors
  • Funeral and burial expenses

Survival Actions

  • Filed by the deceased person’s estate through a personal representative
  • Seek compensation for losses the deceased experienced between injury and death
  • Damages are limited to:
  • Medical expenses incurred before death
  • Lost wages between injury and death
  • Property damage
  • Funeral and burial expenses

Key Distinctions

  1. Claimants: Wrongful death claims are brought by family members, while survival actions are filed by the estate’s personal representative.
  2. Purpose: Wrongful death compensates family for their losses; survival actions recover what the deceased could have claimed if they had lived.
  3. Damages: Wrongful death allows for non-economic damages like loss of companionship, while survival actions are limited to economic losses.
  4. Governing Laws: Wrongful death is governed by C.R.S. 13-21-202, while survival actions fall under C.R.S. 13-20-101.
  5. Damage Caps: Statutory maximums may apply to wrongful death claims, but not to survival actions, which are limited to economic damages.

Both types of claims can be filed concurrently in Colorado, allowing for comprehensive compensation in cases of fatal injuries caused by negligence or wrongful acts.

Compensation in a wrongful death case in Colorado is determined based on several factors, with damages divided into economic and non-economic categories, and subject to legal caps. Here’s how compensation is assessed:

1. Economic Damages

These are tangible, measurable financial losses resulting from the death. They include:

  • Medical expenses: Costs incurred before the death due to injury or illness.
  • Funeral and burial costs: Reasonable expenses for services.
  • Lost income and financial support: The deceased’s past earnings and the income they would have reasonably earned in the future.
  • Loss of benefits: This includes pensions, health insurance, or inheritance that surviving family members would have received.

Economic damages are calculated using clear documentation, such as bills, pay stubs, and expert testimony on future earnings.

2. Non-Economic Damages

These address intangible losses suffered by the surviving family members, such as:

  • Grief and emotional suffering: Pain, anguish, and loss of companionship.
  • Loss of care, guidance, and support: The emotional and relational value the deceased provided.

Non-economic damages are harder to quantify and often rely on jury discretion or insurance company formulas. However, Colorado law imposes a cap on these damages:

  • As of 2025, the cap for non-economic damages in wrongful death cases is $875,000, adjusted biennially for inflation.

3. Punitive Damages

In cases where the defendant’s actions were particularly egregious (e.g., gross negligence or intentional harm), punitive damages may be awarded to punish the wrongdoer. These are rare in wrongful death cases.

4. Factors Influencing Compensation

The total settlement or award depends on:

  • The deceased’s age, health, and earning potential at the time of death.
  • The extent of financial and emotional losses suffered by surviving family members.
  • Comparative negligence: If the deceased was partially at fault for their own death, compensation is reduced by their percentage of fault under Colorado’s modified comparative negligence rule.
  • Insurance coverage available from liable parties.

5. Legal Caps

Colorado imposes caps on certain damages:

  • For medical malpractice-related wrongful deaths, as of 2025, the total cap is $1.575 million, which includes a $875,000 limit for non-economic damages.
  • General wrongful death claims have no cap on economic damages but are bound by the non-economic damages limit.

Each case is unique, so consulting an experienced wrongful death attorney can help determine a more precise valuation based on specific circumstances.

Yes, you can still file a wrongful death lawsuit in Colorado even if criminal charges are being pursued. Wrongful death lawsuits and criminal cases are separate legal actions with different purposes:

1. Civil vs. Criminal Cases

  • A wrongful death lawsuit is a civil case filed by the deceased’s family or estate to seek financial compensation for their losses. It is focused on compensating the family for damages such as medical bills, funeral expenses, loss of income, and emotional suffering.
  • A criminal case, on the other hand, is initiated by the state to punish the defendant for breaking the law (e.g., manslaughter or homicide). It seeks penalties like imprisonment or fines rather than compensation for the family.

2. Independent Proceedings

  • The outcome of a criminal case does not affect your ability to file or win a wrongful death lawsuit. Even if the defendant is acquitted in criminal court, you can still pursue a civil claim because the burden of proof is lower in civil cases (“preponderance of evidence”) than in criminal cases (“beyond a reasonable doubt”).

3. Concurrent Legal Actions

  • You can file a wrongful death lawsuit while criminal charges are ongoing. These cases proceed independently, though evidence from one case may sometimes be used in the other.

4. Timing

  • Colorado law allows you to file a wrongful death lawsuit within two years of the date of death, regardless of whether criminal charges are pending or resolved.

Filing both types of cases simultaneously ensures that you pursue justice and financial recovery without waiting for the criminal case to conclude. Consulting an experienced wrongful death attorney can help coordinate these efforts effectively.

In Colorado, if your loved one was partially at fault for the accident that caused their death, it may affect the wrongful death claim, but it doesn’t necessarily prevent you from seeking compensation. Colorado follows a modified comparative negligence rule, which applies to wrongful death cases as well.

Here’s how it works:

  1. If your loved one was less than 50% at fault for the accident, you can still pursue a wrongful death claim. However, the compensation will be reduced by the percentage of fault attributed to the deceased.
  2. If your loved one was 50% or more at fault, you would be barred from recovering any compensation through a wrongful death claim.

For example, if your loved one was found to be 30% at fault for the accident, and the total damages were $100,000, the maximum recovery would be reduced to $70,000.

It’s important to note that the comparative fault rule doesn’t apply to the “solatium” amount in Colorado wrongful death cases. This is a fixed amount of compensation for grief and loss that isn’t reduced by the deceased’s comparative fault.

Given the complexity of these cases, it’s advisable to consult with an experienced wrongful death attorney who can help evaluate the circumstances and build a strong case to minimize any fault attributed to your loved one.

Most wrongful death lawyers in Colorado work on a contingency fee basis, meaning you pay no upfront costs. Here’s how the fee structure typically works:

  1. Contingency Fee Percentage:
  • For cases settled out of court: Around 35% of the settlement amount
  • For cases that go to trial: Up to 42% of the awarded damages
  1. No Win, No Fee:
    If the case is unsuccessful, you generally do not owe the attorney any legal fees.
  2. Case Expenses:
  • The lawyer typically covers upfront costs like court filing fees, expert witness fees, and investigation expenses.
  • These costs are usually reimbursed from the settlement or award if the case is successful.
  1. Free Initial Consultation:
    Most wrongful death attorneys offer a free initial case evaluation to discuss the merits of your claim.
  2. Proposed Legislation:
    As of July 1, 2025, new regulations may require attorneys to provide written disclosure of estimated litigation costs and expenses to clients before representation begins.

This contingency fee structure allows families to pursue justice without worrying about upfront legal costs, making quality legal representation accessible regardless of financial circumstances.

In Colorado, the amount you can sue for in a wrongful death lawsuit depends on several factors and is subject to certain caps. As of January 1, 2025, the following limits apply:

Economic Damages

There is generally no cap on economic damages, which include:

  • Medical expenses
  • Funeral costs
  • Lost wages and financial support
  • Loss of benefits

Non-Economic Damages

The cap for non-economic damages (such as pain and suffering, grief, and loss of companionship) is $1.5 million, adjusted for inflation every two years starting January 1, 2028.

Total Wrongful Death Cap

A new overall cap of $2.125 million has been imposed for wrongful death cases, also subject to biennial inflation adjustments from January 1, 2028.

Medical Malpractice Cases

For wrongful death resulting from medical malpractice:

  • The total damages cap will gradually increase to $1.575 million over five years starting January 1, 2025.
  • Non-economic damages in medical malpractice cases will incrementally rise to $875,000 over the same period.

Special Circumstances

  • If there’s no surviving spouse, minor children, or dependent parents, total damages are capped at $500,000 with clear and convincing evidence.
  • In cases of felonious killing, all statutory caps may be lifted.

Solatium Amount

As an alternative to proving non-economic damages, plaintiffs can elect to receive a “solatium amount,” currently set at $87,210.

These new caps represent a significant increase from previous limits and will be automatically adjusted for inflation to reflect current economic conditions.

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