Menu
Wrongful death claims are a relatively recent addition to American jurisprudence. Historically, surviving family members had no legal recourse to recover losses sustained from a loved one’s wrongful death. This created an inequitable situation where injured survivors could recover substantial compensation for economic and non-economic losses, but no recovery was possible if the victim died from injuries.
To address this injustice, states enacted wrongful death statutes creating a legal cause of action allowing specific family members to pursue compensation after a wrongful death. Colorado’s wrongful death law differs significantly from personal injury law, making specialized legal representation essential for potential claimants.
Our Denver wrongful death attorneys provide complimentary consultations, and you’ll pay no legal fees unless we successfully recover compensation on your behalf. Call 888-668-1182 or contact us online today for a free, no-obligation consultation.
Legal actions based on wrongful death can arise from a wide variety of incidents.
Some of the most common types include the following:
For surviving family members to recover damages, they must establish that negligence, recklessness, or intentional misconduct caused their loved one’s death. This often requires substantial evidence gathering and presentation, including eyewitness testimony, surveillance footage, accident reports, cell phone records, vehicle computer data, maintenance records, business documentation, expert witness testimony, and medical records.
Potentially liable parties may resist producing critical evidence or attempt to destroy it, highlighting the importance of promptly securing experienced wrongful death representation in Denver.
Colorado law strictly limits wrongful death claim eligibility and imposes specific timing requirements based on the plaintiff’s relationship to the deceased.
Only surviving spouses, children, designated beneficiaries, or the decedent’s parents may potentially bring wrongful death claims. Unlike many states, Colorado restricts recovery to lineal descendants, excluding siblings, nieces, nephews, and other relatives.
The law establishes different filing periods:
Damage determination in Colorado wrongful death claims involves complex calculations assessed by a jury or judge. Plaintiffs may recover:
If you’ve lost a loved one due to another’s negligent or wrongful conduct, you may be entitled to significant compensation. While no monetary award can bring back your loved one, civil litigation can provide a sense of justice and accountability.
The Denver wrongful death attorneys at McCormick & Murphy, P.C. have advocated for injury victims since 1995, committed to securing optimal results in every case.
To schedule a free consultation with our experienced lawyers, call 888-668-1182 or submit your information through our online contact form.
The pain of losing a loved one is overwhelming. When that loss is due to someone else’s carelessness or wrongful act, the grief is compounded by anger and a sudden burden of financial hardship. You’re facing medical bills, funeral costs, and the sudden absence of income your family relied on. The thought of a legal battle feels impossible while you’re grieving, yet you know you need justice for your loved one and financial stability for your family’s future.
You don’t have to carry this burden alone. Our Denver wrongful death lawyers at McCormick & Murphy, P.C., are dedicated to helping families like yours. Since our founding in 1995, we have handled every legal detail with sensitivity and determination, working to recover the maximum compensation possible so you can focus on healing and rebuilding your lives. Our founders, Kirk R. McCormick and James “Jay” Murphy, bring over 60 years of combined legal experience, including a unique background in representing insurance companies, which gives us unparalleled insight into how the opposition operates.
A wrongful death occurs when a person dies because of another individual’s or entity’s negligent, reckless, or intentional actions. In Denver, these cases frequently arise from:
Effective January 1, 2025, Colorado significantly increased the financial recovery available to families in wrongful death cases. These changes mean your family can now seek much more than was previously possible, offering greater security for your future.
The maximum compensation for non-economic losses (like emotional suffering and loss of companionship) in most wrongful death cases has increased to $2.125 million – a substantial increase from previous limits. For cases involving felonious killings (e.g., vehicular homicide due to DUI), there is now no limit on damages at all.
If your loved one had no surviving spouse, children, or dependent parents, Colorado law now allows siblings and their heirs to file wrongful death claims. This important change recognizes the deep losses extended family members also experience when someone dies due to negligence, providing a path to justice they didn’t have before 2025.
The law now requires automatic adjustments to damage limits every two years starting in 2028, ensuring that compensation keeps pace with rising costs of living and maintains its value over time.
Your family may be entitled to several types of damages that address both immediate financial needs and long-term security:
In cases involving particularly reckless or intentional conduct (e.g., drunk driving, egregious medical negligence), courts may award punitive damages. These are designed to punish the wrongdoer and discourage similar harmful behavior in the future. Our firm has a strong track record of securing significant jury awards in such cases.
Colorado law specifies who has the legal right to pursue a wrongful death claim, following a specific hierarchy:
If no family members can file, the deceased person’s estate representative may pursue the claim on behalf of the estate. Our firm can help navigate these complexities to ensure the proper party files the claim.
Pursuing a wrongful death claim while grieving presents unique difficulties. Experienced Denver wrongful death lawyers at McCormick & Murphy, P.C., help families overcome these obstacles:
You must show that the defendant’s actions or inactions directly caused your loved one’s death. This requires:
Insurance adjusters often contact grieving families immediately, hoping to secure quick, low settlements. They may:
Our firm’s founders’ prior experience representing insurance companies provides us with invaluable insight into these tactics, allowing us to effectively counter them.
Determining the true value of your loss requires careful calculations considering:
Colorado’s statute of limitations generally gives you two years from the date of death to file a wrongful death lawsuit. However, claims against government entities (e.g., City and County of Denver) often have much shorter notice periods. Missing these deadlines typically means losing your right to compensation forever. We ensure all deadlines are met.
Pursuing a wrongful death claim while grieving is emotionally draining. Depositions, document reviews, and court appearances can re-traumatize families already dealing with immense loss. Our team works to shield you from this burden as much as possible, handling the legal complexities so you can focus on healing.
Experienced wrongful death attorneys at McCormick & Murphy, P.C., follow a systematic approach to maximize your family’s recovery and secure justice:
Understanding the typical timeline helps you prepare for what lies ahead. Our team will keep you informed at every step:
Working with attorneys who know Denver’s legal system provides distinct advantages for your case:
Be alert to these warning signs that indicate you need legal representation immediately. Insurance companies are not on your side; they want to minimize their payout.
If an insurance company contacts you within days or weeks of your loved one’s death offering a settlement, they likely know the case is worth much more than they’re offering, especially with the new 2025 damage caps.
Insurance adjusters may suggest your loved one was partially or entirely at fault for their death, even when evidence suggests otherwise, attempting to reduce their liability.
Legitimate claims shouldn’t take months to investigate without reason. Excessive delays often suggest unfair tactics (a form of insurance bad faith, which our firm specializes in).
Initial offers are almost always far below fair value. Insurance companies expect negotiation and often have authority to pay much more.
Statements like “this offer won’t be available later” or “you should take this now” are warning signs that you’re being manipulated into accepting less.
At McCormick & Murphy, P.C., we believe quality legal representation should be accessible to all families. Most wrongful death attorneys, including our firm, work on a contingency fee basis, meaning:
These expenses are usually advanced by our law firm and deducted from any settlement or verdict, not paid separately by you, ensuring transparency.
Before hiring an attorney, ask these important questions to ensure you choose the right legal partner for your family:
While nothing can undo your loss, legal action serves important purposes:
Contingency fee arrangements with firms like McCormick & Murphy, P.C., make quality legal representation accessible to all families, regardless of financial situation. You pay nothing upfront.
Insurance companies profit by paying as little as possible. Without legal representation, you’ll likely receive far less than your case is truly worth.
Most cases settle out of court, often providing faster resolution and guaranteed compensation without the stress of a trial. However, our firm is always trial-ready if necessary.
If you’ve lost a loved one due to someone else’s negligence, taking these steps can protect your family’s rights:
Colorado’s two-year statute of limitations (for most wrongful death cases) means you have a limited window to file your claim. However, waiting too long can hurt your case in other ways:
Beyond legal representation, our experienced Denver wrongful death lawyers provide compassionate support:
Strong wrongful death cases typically share these characteristics, all of which we strive to establish:
If you’ve lost a loved one due to someone else’s negligence, you don’t have to face this alone. Denver wrongful death lawyers at McCormick & Murphy, P.C., are here to help you get the justice and compensation your family deserves.
During your consultation, you’ll learn:
Every day you wait is another day that evidence can disappear, witnesses’ memories can fade, and your legal rights may be impacted. Colorado’s wrongful death laws have never been more favorable to families, with damage limits more than tripling in 2025.
Your loved one’s life had immense value. Their death has left your family facing emotional trauma and financial hardship that you never should have had to endure. While we can’t bring them back, we can help you secure the compensation needed to rebuild your life and hold those responsible accountable for their actions.
Don’t let insurance companies take advantage of your grief. Don’t let negligent parties escape responsibility. Don’t let your family’s financial future remain uncertain.
Call McCormick & Murphy, P.C. today for your free, no-obligation consultation. Learn about your rights, understand your options, and take the first step toward getting the justice and compensation your family deserves. You have nothing to lose and everything to gain.
Your loved one’s memory deserves justice. Your family deserves security. Let us help you get both.
We provide convenient and exceptional legal services to personal injury victims throughout the state of Colorado, we have offices in:
Fill out the form and we will contact you ASAP!
Disclaimer: The information on this website is for information purposes only. This website should not be taken as legal advice. Prior results do not guarantee a similar outcome. This information should not be taken as the formation of a lawyer or attorney client relationship.
© 2025 McCormick & Murphy, P.C. | All Rights Reserved | Privacy Policy | Terms & Conditions