Denver Wrongful Death Lawyer

Losing someone you love is overwhelming. You are grieving. You are trying to hold your family together. And now someone is telling you that you might have a legal case.

It feels impossible to think about lawsuits and paperwork when you are just trying to get through the day. But here is what matters: if someone else’s negligence caused your loved one’s death, holding them accountable is not about dishonoring the person you lost. It is about making sure this does not happen to another family.

At McCormick & Murphy, P.C., Kirk and Jay work with families in Denver who are facing the unthinkable. They handle the legal process so you can focus on your family. They answer your questions without legal jargon. And they fight to make sure your loved one’s life is honored through real accountability.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit brought when someone dies because of another person’s negligence, recklessness, or intentional act. It is separate from any criminal case. The criminal system punishes the wrongdoer. A wrongful death lawsuit seeks compensation for the family left behind.

These cases arise from car accidents, medical mistakes, workplace incidents, defective products, and violent crimes. The common thread is this: someone failed to act with reasonable care, and that failure cost a life.

You did not choose to be in this position. But you do have the right to seek answers and accountability.

Who Can File a Wrongful Death Lawsuit in Colorado?

Colorado law is specific about who has the legal right to bring a wrongful death claim. Not everyone can file, even if they were close to the person who died.

In the first year after the death, only the spouse of the deceased can file. If there is no surviving spouse, the deceased person’s children can file. If there is no spouse and no children, the parents can bring the claim.

After the first year, if no one has filed, a designated beneficiary or the personal representative of the estate may pursue the case on behalf of those who are entitled to recover damages.

This legal structure exists to prevent conflicts and ensure that the people most directly impacted by the loss are the ones who control the case. Kirk and Jay explain these rules clearly during your first conversation. They help you understand whether you have standing to file and what that process looks like.

What Caused the Death Matters

Wrongful death cases in Denver stem from many types of incidents. Understanding how your loved one died helps determine who is responsible and what kind of evidence will be needed.

Car accidents are among the most common causes. A driver who runs a red light, drives drunk, or texts behind the wheel can be held liable if their actions result in a fatal crash. Hit-and-run accidents add another layer of complexity, but they do not eliminate your right to pursue compensation.

Medical malpractice claims arise when a doctor, nurse, or hospital fails to provide the standard of care expected in the medical community. Surgical errors, misdiagnoses, medication mistakes, and delayed treatment can all lead to preventable deaths.

Workplace accidents, particularly in construction, manufacturing, and transportation, can be grounds for a wrongful death claim when an employer’s negligence or unsafe conditions contribute to a fatality. While workers’ compensation provides some benefits, it does not always cover the full scope of a family’s loss.

Premises liability cases occur when dangerous conditions on someone else’s property lead to a fatal accident. Slip and fall incidents, inadequate security, and structural failures can all support a wrongful death claim if the property owner knew or should have known about the hazard.

Defective products, dog attacks, and nursing home neglect are other contexts where families may have the right to hold someone accountable. Each case is different, but the question is always the same: did someone’s failure to act reasonably cause this death?

What Damages Can Be Recovered?

A wrongful death lawsuit recognizes that losing someone you love creates both financial and emotional harm. Colorado law allows families to seek compensation for both.

Economic damages include the financial contributions your loved one would have made if they had lived. Lost wages, benefits, and the value of household services all matter. If your spouse handled childcare, home maintenance, or family finances, those contributions have measurable value.

Funeral and burial expenses are recoverable. So are medical bills incurred before death if your loved one received emergency treatment or hospitalization.

Non-economic damages address the loss that cannot be calculated on a spreadsheet. The loss of companionship. The guidance a parent would have provided. The love and support that shaped your daily life. These losses are real, and Colorado law acknowledges that they deserve compensation.

In cases involving particularly reckless or intentional conduct, punitive damages may also be available. These are designed not to compensate the family, but to punish the wrongdoer and deter similar behavior in the future.

Kirk and Jay take the time to understand what your loved one meant to your family. They do not reduce your loss to a number. They build a case that reflects the full scope of what you have lost and what your family will continue to face.

The Statute of Limitations in Colorado

You have a limited time to file a wrongful death lawsuit in Colorado. The statute of limitations is generally two years from the date of death.

Two years can feel like a long time when you are in the early stages of grief. It can also disappear quickly when you are managing an estate, caring for children, and trying to find your footing.

Missing the deadline means losing your right to file. There are very few exceptions, and courts do not grant extensions simply because you were not ready.

This does not mean you need to rush into a lawsuit before you are emotionally prepared. But it does mean you should talk to a lawyer sooner rather than later. An initial consultation gives you the information you need without committing you to anything. It preserves your options and ensures that critical evidence is not lost while you take the time you need.

How the Process Works

Every wrongful death case is different, but the general process follows a similar path. Understanding what to expect can remove some of the fear of the unknown.

The first step is an investigation. Kirk and Jay gather evidence, interview witnesses, obtain medical records or accident reports, and consult with experts when necessary. This happens quietly, without requiring much from you beyond an initial conversation and access to relevant documents.

Once the facts are clear, they file a complaint in court. This document lays out what happened, who is responsible, and what damages you are seeking. The defendant is served with the complaint and given a chance to respond.

Discovery follows. Both sides exchange information, take depositions, and build their cases. This phase can take months, but your lawyers handle the heavy lifting. You are kept informed without being burdened by every procedural detail.

Many wrongful death cases settle before trial. Settlement does not mean giving up or letting someone off the hook. It means reaching a resolution that provides your family with financial security and some measure of closure without the uncertainty and stress of a trial.

If settlement is not possible, the case goes to trial. A jury hears the evidence and decides whether the defendant is liable and what damages should be awarded. Trials are public and emotionally difficult, but they also provide a platform for the truth to be heard.

Throughout the process, Kirk and Jay make sure you understand what is happening and why. They do not make decisions without your input, and they do not pressure you to accept a settlement that does not serve your family’s interests.

Wrongful Death vs. Criminal Cases

If your loved one was killed by a drunk driver, in a violent crime, or through gross negligence, there may be both a criminal case and a wrongful death lawsuit. These are separate proceedings with different goals.

The criminal case is brought by the state. Its purpose is to punish the wrongdoer through fines, probation, or imprisonment. You may be asked to provide a victim impact statement, but you do not control the case. The prosecutor does.

A wrongful death lawsuit is brought by you, the family. Its purpose is to compensate you for your loss and hold the defendant financially accountable. The burden of proof is lower than in a criminal case. Even if the defendant is acquitted in criminal court, you may still prevail in civil court.

Criminal cases do not provide financial compensation to the family. Restitution may be ordered, but it is often limited and difficult to collect. A wrongful death lawsuit is your opportunity to recover the full damages your family has suffered.

Kirk and Jay coordinate with prosecutors when appropriate, but they do not wait for a criminal case to conclude before pursuing your civil claim. Your rights are independent, and the timeline for filing does not pause while the criminal system moves forward.

How Settlements Are Divided

If your wrongful death case results in a settlement or verdict, the money must be divided among eligible family members. Colorado law provides guidance, but the specifics depend on your family’s circumstances.

A surviving spouse and children typically share in the recovery. Parents may recover if there is no spouse or children. The court considers factors such as the age of the survivors, their relationship with the deceased, and the extent of their financial and emotional dependence.

Division does not happen arbitrarily. If family members cannot agree, the court will decide based on what is fair given the evidence.

This part of the process can be emotionally fraught. Kirk and Jay approach it with sensitivity. They facilitate conversations, provide legal guidance, and help families reach an agreement that honors the person they lost without creating additional conflict.

Will a Lawsuit Interfere with Grieving?

This is one of the most common concerns families raise. The answer is no, but only if you work with lawyers who understand what you are going through.

Grief does not follow a schedule. Some days you will feel ready to talk about the case. Other days you will not. Kirk and Jay adapt to where you are. They do not demand that you relive the worst day of your life over and over again.

Legal work happens in the background. You are not required to attend every meeting, review every document, or participate in every phase of discovery. Your role is to provide information when needed and make decisions at key moments. The rest is handled for you.

For many families, pursuing a wrongful death claim becomes part of the healing process. It is a way to channel grief into action. It is a way to make sure your loved one’s death leads to change. It is a way to protect others from the same harm.

Accountability is not about revenge. It is not about dishonoring the person you lost by reducing their life to a dollar amount. It is about ensuring that the people or companies responsible face the consequences of their actions. It is about saying that this life mattered, and this loss has weight.

Why Work with McCormick & Murphy, P.C.

Kirk and Jay have spent years representing families in Denver who are facing the worst moments of their lives. They do not take every case that walks through the door. They take cases where they believe they can make a difference.

Located at 1547 N Gaylord St UNIT 303 in Denver, they serve families throughout the metro area and beyond, including Lakewood, Aurora, Littleton, Arvada, Westminster, Thornton, Boulder, Fort Collins, and surrounding communities.

They answer your questions in plain language. They return your calls. They explain what is happening and why it matters. And they fight for outcomes that reflect the full scope of what your family has lost.

You do not need to navigate this process alone. You do not need to figure out the legal system while you are grieving. You need someone who will carry that weight for you.

Your Rights Do Not Expire When You Are Ready

You do not need to make a decision today. But you do need to protect your options. The statute of limitations does not pause because you are not ready to file.

Calling a lawyer does not mean committing to a lawsuit. It means getting the information you need to make an informed choice. It means preserving evidence while it is still available. It means making sure that when you are ready, your rights are still intact.

If someone’s negligence took your loved one from you, you have the right to hold them accountable. That right is not about anger or bitterness. It is about justice. It is about making sure this does not happen to someone else.

Call McCormick & Murphy, P.C. at 888-668-1182. Kirk and Jay will listen. They will answer your questions. And they will help you understand what comes next.