Wrongful Death Lawyer in Denver, CO

When Can a Wrongful Death Claim be Filed?

A wrongful death claim is a civil lawsuit that may be brought when a person loses their life because another party acted negligently or failed to exercise reasonable care. These claims allow certain surviving family members to seek compensation for the financial and personal losses caused by the death.

To establish a wrongful death claim in Colorado, four key legal elements must generally be shown: 

Duty of Care

The first element involves showing that the responsible party owed the deceased person a duty of care. This means they had a legal obligation to act reasonably and avoid causing harm.

Breach of Duty

A claim must also show that the responsible party breached that duty by acting negligently or failing to take reasonable precautions. Examples may include reckless driving, unsafe property conditions, or medical negligence.

Causation

It must then be demonstrated that the breach of duty directly caused the fatal injury. Establishing causation often involves reviewing evidence such as accident reports, medical records, and professional opinions that help clarify how the incident occurred.

Damages

Finally, the claim must show that the death resulted in measurable losses for the surviving family members. These losses may include loss of financial support, funeral expenses, and the loss of companionship or guidance.

Proving negligence in a wrongful death case can be complex. The legal team at Ogborn Mihm brings decades of trial experience to these claims and has secured millions of dollars in compensation for clients in Colorado state courts, including the Denver District Court, as well as courts across the country.

Contributing Factors in Denver Medical Malpractice Cases

Medical malpractice does not always result from a single mistake. In many cases, serious medical errors develop because of breakdowns in judgment, communication, or working conditions. 

Several factors may contribute to preventable medical harm, including:

Fatigue

Medical professionals often work long shifts, overnight schedules, and extended hours. Fatigue can affect concentration and clinical judgment, increasing the risk of mistakes during diagnosis, treatment, or surgical procedures.

Understaffing

Hospitals and healthcare systems sometimes operate with limited staff, placing additional pressure on doctors, nurses, and other medical personnel. When patient loads become too high, symptoms may be overlooked, or complications may not be addressed quickly enough.

Communication Breakdowns

Patients are frequently treated by multiple medical professionals. When important information is not clearly shared between doctors, nurses, specialists, and other staff members, mistakes can occur during diagnosis or treatment.

Diagnostic Complexity

Some medical conditions present symptoms that are difficult to interpret. In busy hospital environments, including emergency departments, serious conditions may be missed when symptoms are misunderstood or test results are not properly reviewed.

For years, the attorneys at Ogborn Mihm have represented clients in Denver in complex medical malpractice cases. Through this experience, we understand the patterns and circumstances that can contribute to these claims.

Common Causes of Wrongful Death in Denver

Fatal accidents can occur in many circumstances when individuals, businesses, or organisations fail to exercise reasonable care.

Wrongful death cases in Denver frequently involve incidents such as:

• Motor Vehicle Collisions: Fatal crashes sometimes occur along major corridors such as I-25, I-70, and Colfax Avenue, where heavy commuter and commercial traffic moves through the Denver metro area each day.
• Pedestrian Accidents: Drivers who fail to yield or disregard traffic signals may cause fatal injuries in busy areas such as LoDo and the Union Station district, where pedestrian activity is particularly high.
• Construction Site Incidents: Ongoing development in neighbourhoods such as RiNo and the Denver Tech Center has increased construction activity across the city, where unsafe conditions or equipment failures may lead to fatal injuries.
• Workplace Accidents: Fatal workplace incidents may occur in industries such as transportation, logistics, or manufacturing when safety protocols are not properly followed.
• Medical Malpractice: At hospitals such as UCHealth University of Colorado Hospital or Denver Health Medical Center, fatal medical errors may occur when healthcare providers fail to meet accepted standards of care.
• Dangerous Property Conditions: Fatal accidents may occur when property owners fail to address hazards such as unsafe stairways, poor lighting, or structural dangers.

Although Ogborn Mihm handles complex litigation nationwide, our Denver-based wrongful death attorneys live and work in this community. We understand the hazards people encounter in their daily lives and the negligent conduct that can create unnecessary risks.

Who May File a Wrongful Death Lawsuit in Colorado?

The Colorado Wrongful Death Act identifies the individuals who may pursue compensation following the loss of a loved one. Potentially eligible parties include: 

Surviving Spouse

In most cases, the surviving spouse has the first right to file a wrongful death claim. During the first year after the death, the spouse typically has the exclusive right to pursue the claim, though they may allow other eligible family members to participate.

Children of the Deceased

If there is no surviving spouse, or in certain circumstances after the first year, the deceased person’s children may file a wrongful death claim. Children may pursue compensation for the personal and financial losses resulting from the death of a parent.

Designated Beneficiary

In some situations, a person who was financially dependent on the deceased may have the right to bring a claim as a designated beneficiary. This may apply in cases where the deceased had no spouse or children.

Parents of the Deceased

If the person who died was unmarried and had no children, the deceased person’s parents may be eligible to bring a wrongful death claim under Colorado law.

Siblings of the Deceased

If the person who died was unmarried, has no or no surviving children, has no surviving parents, and no designated beneficiary, the deceased person’s siblings may be eligible to bring a wrongful death claim under Colorado law

If you have lost a loved one due to negligence, the wrongful death attorneys at Ogborn Mihm are here to provide guidance and support. We can explain your legal rights and help determine whether you or another eligible individual can bring a claim.

Compensation Available in a Denver Wrongful Death Claim

While no legal action can undo the loss of a loved one, a wrongful death claim may help families address the financial consequences of the loss and pursue accountability.

Compensation in a wrongful death case may include:

• Lost income and Financial Support: Compensation may reflect the wages, benefits, and financial contributions the deceased would likely have provided to their family over time.
• Funeral and Burial Expenses: Families may recover the reasonable costs associated with funeral services, burial, or cremation following a fatal accident.
• Medical Expenses Prior to Death: If the deceased received medical treatment before passing away, the costs of that care may be included as part of the claim.
• Loss of Companionship and Guidance: Surviving family members may be compensated for the loss of the care, companionship, and guidance the deceased would have provided.
• Grief and Emotional Suffering: Colorado law may allow recovery for the emotional distress experienced by surviving family members after the loss of a loved one.

Colorado law places limits on certain types of damages in wrongful death cases, particularly non-economic damages. Navigating these legal limits while pursuing the full compensation available often requires experienced, trial-ready representation, which the attorneys at Ogborn Mihm provide.

Key Colorado Laws for Fatal Accident Cases

Fatal accident claims in Denver are governed by specific statutes that determine who may bring a claim, how compensation may be awarded, and how long families have to take legal action. 

Some of the key laws include:

Colorado Wrongful Death Act 

The Colorado Wrongful Death Act, found at C.R.S. § 13-21-201, establishes the legal foundation for wrongful death cases in the state. This law identifies who may bring a claim and allows certain surviving family members or other eligible individuals to pursue compensation when a death results from negligence or wrongful conduct.

Statute of Limitations 

Colorado law places a time limit on filing a wrongful death lawsuit. Under C.R.S. § 13-80-102, most wrongful death cases must be filed within two years of the date of death. If this deadline is missed, surviving family members may lose the ability to pursue compensation in court.

Damage Caps 

Colorado law also places limits on certain types of damages that may be awarded in wrongful death cases. Under C.R.S. § 13-21-203, non-economic damages, such as grief and emotional suffering, are subject to statutory caps that are periodically adjusted under state law. The lawyers at Ogborn Mihm were instrumental in helping to amend and increase these caps recently. 

These laws can significantly affect how a case proceeds. The wrongful death attorneys at Ogborn Mihm can ensure that the applicable laws are properly addressed and that all required filings are completed within the appropriate deadlines.

Frequently Asked Questions (FAQ) About Wrongful Death Claims

Families facing the loss of a loved one often have questions about their legal rights and the process involved in pursuing a fatal accident claim. Here are some of the most common questions we hear from our Denver clients. 

How hard is it to win a wrongful death lawsuit?

Wrongful death cases can be challenging because it must be shown that another party’s negligence directly caused the fatal injury. This often involves reviewing evidence such as accident reports, medical records, witness statements, and expert analysis. When the evidence clearly demonstrates negligence, families may be in a strong position to pursue compensation.

What kind of lawyer do you need for a wrongful death lawsuit?

You need an attorney with experience handling complex litigation. This is an area in which Ogborn Mihm has significant experience. Our firm is widely known for representing clients in catastrophic injury and fatal accident cases in Colorado, particularly those involving head trauma and traumatic brain injuries.

What percentage of wrongful death cases go to trial?

Most wrongful death cases are resolved through settlement negotiations before trial. Studies of civil litigation generally show that around 90% to 95% of cases settle, while a smaller percentage proceed to trial.

Even so, preparing a claim as if it might be presented in court can provide an important advantage in negotiations with insurers or opposing counsel. At Ogborn Mihm, we approach every case with trial readiness in mind and are committed to pursuing compensation that reflects the full impact of the loss on you and your family.

How long does a wrongful death claim take?

The length of a wrongful death case can vary depending on the circumstances involved. Some claims may resolve through settlement negotiations within several months, while others may take longer if liability is disputed or the case proceeds to trial.

How much does a wrongful death lawyer cost?

Many fatal accident cases are handled on a contingency fee basis, meaning families do not pay attorney’s fees upfront. Instead, legal fees are typically paid as a percentage of any compensation recovered. Our team can explain our fee structure in more detail during your free initial consultation.

Why Choose Ogborn Mihm for Your Wrongful Death Claim

Wrongful death cases require experienced legal representation and a careful approach to both investigation and litigation. Families in Denver choose Ogborn Mihm because we offer: 

Trial Readiness

Fatal accident claims are often contested by insurance companies, corporations, and other defendants who may attempt to minimise liability. The wrongful death lawyers at Ogborn Mihm prepare each case with trial in mind from the outset, developing a strong evidentiary foundation capable of withstanding scrutiny in court.

Resources for Complex Fatal Accident Cases

Fatal accident litigation requires detailed investigation and expert analysis to determine how negligence contributed to the loss of life. Our firm works with investigators, medical professionals, accident reconstruction specialists, and economic experts to evaluate the circumstances surrounding the death and the full impact on surviving family members.

Commitment to the Denver Community

Although Ogborn Mihm handles complex litigation across the country, our wrongful death attorneys are based here in Denver. We live and work in this community and understand the risks people face each day. Our firm is committed to helping families pursue accountability when negligence leads to the loss of a loved one.

Contact Our Denver Wrongful Death Attorneys

If you have lost a loved one in the Denver metro area, the legal team at Ogborn Mihm is available to help. Our attorneys have extensive experience investigating fatal accidents and representing families in wrongful death litigation throughout Colorado.

When negligence contributes to such a loss, we can advocate on your behalf while pursuing accountability and fair compensation. If you would like to discuss your situation further, please contact our Lincoln Street office to schedule a free consultation.