Wrongful Death Lawyers in Denver

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The loss of a loved one is always difficult to cope with, but when the death of a loved one was caused by someone else’s negligent behavior, it can make the situation even more painful. The sudden departure of a loved one because of an accident can cause financial hardship for their family in addition to the emotional pain and suffering. A Denver wrongful death attorney can help you to get back on your feet and seek compensation for your losses.

Call us today on 512 246 2224 for a FREE consultation with a wrongful death lawyer in Denver.

Wrongful Death Defined

Wrongful death can be defined as a death that resulted from an accident caused by another person’s negligent or intentional acts. In these cases, you may be able to file a wrongful death lawsuit to seek economic compensation from the at fault party for your losses, this includes your financial losses such as funeral expenses, lost income and also loss of consortium or loss of companionship.
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What to Do After an Accidental Death

1. Consult an Attorney

If you have lost a loved one in an accident and believe the accident may have been caused by someone else’s negligent behavior, you should contact a Denver wrongful death attorney as soon as possible. This allows your attorney to have ample time to investigate the details of your claim and determine liability and negligence and potentially file any lawsuit before the statute of limitations expires.

2. Obtain A Death Certificate

You should obtain a death certificate from the Colorado Department of Health.

3. Document the Accident

You should document as much evidence regarding the accident as possible. You should attempt to collect or take photographs of the accident site and objects that may have been involved in an accident. It is also important to collect the contact information of any witnesses to the accident.

4. Appoint A Personal Representative of The Estate

In a wrongful death case, you will need to appoint a personal representative of the estate of the deceased to represent the surviving family members, if one is not already named in a will.

5. Investigation of Accident

Once you have contacted an experienced attorney, they will begin to investigate the accident and determine if you may be eligible to file a wrongful death suit, they will help you file the lawsuit and potentially recover compensation for your lost loved one

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Elements of a Wrongful Death Claim

In order to successfully pursue a wrongful death claim, the plaintiff must prove the following:

Duty of Care

In order to prove liability, it must be shown that the persona at fault for the accident had a duty of care towards the deceased. A duty of care is an obligation that the at-fault party had to behave in a certain manner and take certain precautions in order to prevent an accident from occurring.

Breach of Duty

It must then be shown that the this duty of care was breached, such as by driving under the influence or speeding.


Even if a duty of care has been proven as well as a breach of that duty, it must still be proven that this breach caused the accident that resulted in the wrongful death.


A claim can be denied even if duty, breach of duty, and causation can be proven, but damages or injury to the victim cannot. However, in wrongful death cases, damages and injuries to the victim is usually presumed if the other factors can be proven, as the accident resulted in the victim’s death.


Who Can File a Wrongful Death Lawsuit

A wrongful death action can be brought by:

  • Spouse – if married at the time of the accident
  • Child – if at least one year has elapsed since the victim’s death or the victim’s spouse is no longer alive
  • Parent – if the victim left no surviving spouse or children

A sibling cannot file a wrongful death lawsuit.

Parties That Can Be Held Liable

In a wrongful death case, there are a variety of parties that may be held liable, depending on the type of accident involved as well as the details surrounding it. These parties may be liable:

Car/Truck Accidents

  • At Fault Driver – If they behaved in a negligent or reckless manner that led to an accident resulting in death.
  • Car Manufacturer – If they were negligent in the design or manufacture of the vehicle or its parts, and a malfunction causes death.
  • Government Entities – If poor maintenance of roadways or related objects caused a fatal accident.
  • Trucking/Cargo Company – If a large truck or 18-wheeler was the cause of the accident resulting in death due to negligence.

Workplace Accidents

  • Employer – The employer may be held liable in many workplace accidents, often for a failure to promote effective safety measures, conduct proper oversight, or comply with safety regulations, as well as in cases where the employer’s employee negligently caused the accident.
  • Employee – Employees may be held liable if they negligently cause the workplace accident or the unsafe condition that led to the fatal accident.

Medical Malpractice

  • Physician – If the doctor behaved in a negligent manner that resulted in the death of the patient.
  • Product Manufacturer – If a medical device or medication was manufactured and/or distributed in a negligent manner that resulted in death.

Product Defects

  • Product Manufacturer – If the manufacturer of a defective product that caused death through a malfunction acted negligently during the manufacturing or design process of the product.
  • Retailer – The retailer or distributor who sold the defective product may also be liable in some wrongful death claims.

Premises Liability

  • Premises Owner – The premises owner is the most common party held liable in slip and fall cases or for other unsafe conditions.
  • Employees – Some employees may be held liable if they negligently caused the unsafe condition.
Zinda Law Group
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Zinda Law Group
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Zinda Law Group
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Zinda Law Group is amazing! My husband was in an accident and they made the process super easy and hassle free. They took care of everything, we are so appreciative for them! They exceeded our expectations. We will definitely be telling everyone we know about them. Thank you Zinda Law for everything!
Zinda Law Group is an amazing firm! My case was not without its challenges, but they handled it all in stride. They kept me up to date, kept me informed every step of the way, and ensured I understood the process and all of my options. Burgess, Ryan and their extremely capable staff of Paralegals made a very challenging process as painless as possible. They were kind, compassionate, and patient, and just a real pleasure to work with. I would, and will, recommend them highly to anyone needing an attorney.
My experience with Zinda Law Group was pretty awesome. I definitely would recommend their Law firm. Brendan and his team were very friendly, helpful and informative about my case and were able to win as well. I really appreciate all of their hard work and dedication, I highly recommend.Thank you all again for your help and your time.Sincerely,Pat.b
I was very satisfied with the professionalism of my attorney and the paralegals, they helped me threw this accident and got me a great settlement, all while keeping me involved and informed. Zinda law group made me feel comfortable and I trusted them to fight for me. The trust was well placed! Thank Yous, I appreciate all that Yous done for me and my family!!
I’ve had such a great experience with Zinda law group! They’ve handled everything relatively quickly and professionally. They really have made my life a lot easier. I recommend anyone dealing with auto accidents (or similarly) to Zinda Law group.I felt I was very important to them and that my feelings and thoughts were validated. They treated me with much care and respect, not like “just another client”. I couldn’t have asked for a better team.
I truly recommend Zinda law group they truly helped me and my family during such a hard hard time. Very accommodating they work extremely hard to make sure that you are compensated from start to finish they made it happen and made a rough time a lot smoother than I could of ever imagined thank you all for everything if you are looking for a lawyer that goes above beyond look no further Michael will get you taken care of!
Zinda Law did an excellent job for us from start to finish. They communicated clearly and their staff was great! My son Nic was in a car accident and had an injury to his eye. Zinda Law took care of everything start to finish and obtained the maximum amount possible from insurance for his injury.
I am so glad I called Zinda law group. being hit by a drink driver was the worst experience of my life physically and emotionally. As soon as I reached out they got the ball rolling with all my medical needs. They were in contact with all of my appointments and made my recovery as smooth as possible. I would definitely without a doubt recommend them. A huge shout out to Shivangi for taking over and fighting for what my family and I deserved.
My experience with Zinda Law Group has been OUTSTANDING! Big shoutout to Joe Caputo and his team!I was the passenger in a terrible car accident that left me needing medical attention. The person at faults insurance company reassured me that my medical bills would be taken care of. However, that was not the case. I started receiving multiple calls from debt collectors, and bill after bill by mail. The driver’s insurance company no longer returned my calls, and emails went unanswered. I was so stressed and over my head with how to handle the situation. It was time to call the pros! As soon as I made the call to Zinda Law Group, Joe and his team I were on it! I no longer received calls from debt collectors, so I knew action was taken immediately. I was informed every step of the way, and every call/email was answered. Had I called sooner, I would have never gone through all that stress. I was treated like a friend, not just a client.Thank you Zinda Law Group!
I hired Zinda for a crazy situation involving an 18 wheeler where an object flew off a trailer and blasted through my windshield.I reached out to Zinda and spoke with Michael Cupero, my attorney at Zinda, after the accident once I realized this is affecting my day to day life in a significant way (PTSD from a "Final Destination" type of incident) and Michael was nothing short of fantastic through the entire process.The Zinda team, including Michael and Mary-Catherine Holt and several others, guided me through the entire process from initial settlement offers, filing the lawsuit, depositions, the whole 9.They listened to my concerns, provided clarity and perspective when needed, and not once did I feel that my best interest was not at the forefront of their actions and behavior through my experience as a client.Thank you Michael, Mary-Catherine and Zinda!If you want a team that will treat you with professionalism, respect, and understanding then do yourself a favor and reach out to Zinda!
Extremely professional and communicative . They explained the process as we went along and made it very clear weighting pros and cons. They understood my pain and my worries but kept their expertise always on the top of things finding elements for me to win my case. I am thankful to have had Zinda Law Group to support me during those two years as it finalized and I can keep on living.
My experience with Zinda law group has been wonderful from start to finish. Natasha and Emily explained everything very well and answered any questions I had, communicated well throughout the whole process , and handled the case very professionally, they worked very hard on my case I would definitely highly recommend to friends and family.
I found myself in a situation where I needed legal representation. After looking over reviews in the area, I decided to contact Natasha at Zinda law group in the hopes that she could represent me . Natasha put me at ease with her responsiveness and her ability to accommodate my last minute needs. I had no idea what to expect. It felt like a wave of relief knowing that you're working with a professional that knows what she's doing, and knows how to get things done quickly and efficiently. I appreciate the time and attention that Natasha put into my case. I hope I won't be needing their services again in the future, but I would absolutely contact them again if I do. Thanks again
I am very satisfied with the service and the outcome of my case.Since the first phone call, and every step of the way until the end, Zinda Law was on top of every detail pertaining to my auto accident case.The case is now closed, and looking back, they made every step of the process easy and manageable. They were very thorough in explaining the different scenarios, and extremely transparent with all the possible outcomes.Thank you to every person who aided in the success of my case, all of whom were exceptional in their tasks and working as a team.
The Zinda Law Group was outstanding in helping me with my aunts case. My two Attorneys Neil and Shivangi were very compassionate, kind, eager to help, and really listen carefully and attentively to my case about my aunt. My aunt got hit by a driver while crossing the street and killed. I went after the guys insurance; although, this doesn't bring back my aunt, but allows for this not to happen to other people like this in her case. These attorneys worked very hard and efficiently to bring the justice that they saw fit. When I had a question they explained in terms I understood and not above and beyond me. I appreciate it when people can come down to my level and not intimidate and use trepidation on someone in feeling like they are the fly while they're the spider waiting for the right moment for the fly to walk into its web.Neil and Shivangi always whenever they called asked me how I was at the beginning of our conversations and is there anything I needed at the end of each call. Each call they made to me, was made very professional, personable and felt heart felt as if you were part of the family. At the end of each subject matter they always asked, "Do you have any questions for me before we go to the next thing we need to talk about?" They always wanted to make sure I understood everything before the next item we needed to talk about. These guys really are good and want to please the client anyway they can I thought; when I first started talking to them. I give them above and beyond a 5-Star rating if there was such a thing. I Highly Recommend The Zinda Law Group to Anyone who needs them. This is what I give them if I could!!💯💯💯💯💯 and👍👍👍👍👍 and⭐⭐⭐⭐⭐❗❗❗THANK YOU TO NEIL, SHIVANGI, MARA AND TO EVERYONE AT THE ZINDA LAW GROUP WHO WORKED ON MY CASE!! I APPRECIATE YOU ALL!
I would like to recognize a fantastic attorney named Joe Caputo from Zinda Law Group. I was involved in an auto accident that had many complicated moving parts that were hard to navigate and understand as a victim. Joe was so gracious and spent quality time explaining what courses of action I needed to take as a victim to protect myself. Joe was also diligent in following up with me regarding my case and provided guides and checklists that were extremely helpful to keep things organized and moving. Joe was always readily available for my questions and responded promptly. Joe Caputo's excellent counsel ensured I protected myself when dealing with the opposing insurance company and ensured the best possible outcome for my case. Joe's expertise in personal injury lawsuits helped alleviate the stress and anxiety that follows the aftermath of an auto accident. Thanks again Joe! You are truly an amazing, kind person and attorney!
Zinda Law was incredibly amazing. I had the pleasure of working with Michael and his incredibly hard working team after my wreck in November. They went above and beyond keeping up with my health, bills, insurance companies, all that fun stuff I had no time for. After what felt like such a short amount of time, they were able to win every last penny from the "bad guys" insurance (loved that term). I couldn't happier, and even though I went through something traumatic, it was still the best experience I could have ever asked for. Thank you Michael and everyone that helped with my case, yall are the best!!
My attorney was Christina , she and her team gave me the best outcome for my case .I am giving an honesty review at first I was very upset because I kept getting moved around and I never knew who I was talking to because they switch attorneys and kept changing my paralegals.. I was going to go with another law firm but Christina helped me with my case from then on out and she worked around my schedule to talk to me which I appreciate. Also my last law firm took 30 percent, and this one took 33 percent which I wasn’t to happy so just a heads up. Overall I rate this 4 stars cause I’m just happy the case is over with and I get to go back to my life.Update: I just received another call from my attorney and they have worked to negotiate my case with the billing and have put more money in my pocket. All the money that I had spent while working on the case has came back to me. I can fully move on and say that I have gain every penny that was lose during those hard times. I’m so happy and thankful to Zinda law group!!!!!!
Zinda Law Group did an excellent job with my case. The staff was super friendly and super effective as far as communicating with me throughout the entire case. I highly recommend Zinda Law Group for your next case and for any of your future cases. 5 Stars across the board thank you so much for everything!
Joh Harper, Priyonka Bhikha, and the rest of the team gave my case a quick and satisfactory conclusion. The attorney, Mr. Harper did an absolutely amazing job keeping me on the same page as far as the case goes. Honestly, if anybody is hurt in a car wreck or another personal injury case, I WILL STRONGLY RECOMMEND THAT YOU SPEAK TO THEM.
I was in a motor vehicle collision about two years ago. From the minute I picked up the phone to speak with a representative to the case finally settling, it was a great experience. I worked with Burgess Williams and his team (Kathy, Ryan, and Linda) throughout the process. They were all very professional and helpful when I needed them the most.
Great Firm. I was in motorcycle accident- T-boned at a full stop with my daughter riding on back. Zinda's team was instantly responsive. Christina was very compassionate, organized and scheduled time before every legal event to discuss goals and overview. The process was 2 years but during that time the lawyers and staff (John and Shane were also great) were always available and understanding. The team is focused on doing what is right and by the book. I would highly recommend this firm to anyone who is suffering from a motorcycle accident.
Jason Aldridge and his paralegal Mara did an absolutely amazing job on my case. They were very responsive to all emails, calls and even texts. They treated me with dignity and respect from start to finish. I never once felt like my case was at the back of the list or anything. Not only did they explain and walked me through everything, they got me the help I needed and a final outcome over what I had expected. I would highly recommend this law firm, Jason and Mara to anyone seeking legal assistance.
Highly Recommended-100% Satisfied!.From the initial phone call I felt confident I chose the right firm. They explained the process and I was always in the loop, even when we were at a stand still. Very grateful I was quickly referred to them by a friend who had a similar case. Both of us are happy with the end result. Thank you!
My team of lawyer were very professional and communicated extremely clearly. They kept me updated on their status and did not make me worry at all about my situation. They explained everything to me very well and put things into simple terms for my understanding. I am very satisfied with their performance.
I would recommend them to anyone that's been involved in an accident and feels skeptical in engaging an attorney.When one gets into an accident, you're traumatized, confused, angry and helpless.That was me last year, getting all kinds of advice becomes your next norm, to use or not to use an attorney.I was in so much pain from my injuries but at the same time knew I had to act fast.I called Zinda Law Group for consultation, they took my case seriously and treated me with respect, they were very professional and understanding.Elizabeth, kudos to you, you're true to your word, Integrity should be your last name.Jason Aldridge my attorney went to work immediately, he assured me that all be well and I should concentrate on my healing and he will do the rest. Thank your Sir, You did just that.His team, Mara, Zuleyma and Andrew, they all become my support system, so professional and lots of respect in each and everyphone call or email. Thank you guys.I would recommend anyone to use Zinda Law Group.
I honestly loved not dealing with the hospital bills while I was recuperating. It gave me peace of mind going through this process and Zinda took care of everything. They found awesome health providers for me and haven't had to worry about anything while they've been taking my case. I've been well informed, communicated with, responded to and understood by Zinda. They have been efficient and effective while working on my case and I'm so glad I choose to go with this law firm.
When I was injured in a car accident in March of 2020 the insurance companies were not concerned with my well being. I called Zinda Law group & spoke with Reagan, who went over my concerns & later had Jono contact me. After reviewing my information with Jono my case was immediately put in motion. I worked mainly with Sam Thomas who truly was a blessing to me, he was very supportive & genuinely concerned with my well being, everything wasn't simply about the case it was about me being healed & getting the proper treatment that I needed. Sam was also emotionally supportive when I went through several losses in my family & is a great friend. In all everyone was extremely supportive & all worked for me which was quite a different legal experience for me from Law groups in my past. I was well supported, always informed, treated with respect & made the priority in all decisions. Zinda Law Group made sure I was compensated completely & that I didn't have financial stresses over hospital bills after all was said & done. Sam, Katrina, Mary Catherine, Reagan & Jono I just want to thank you & all of Zinda for the incredible experience & the wonderful caring people that you all are, you are truly Golden in your field.
They helped me after I got into car accident, they are such a great professional business. I would honestly recommend them to anyone that would need help after a car accident for sure, they kept me up to date with everything that was happening on with my case. I had multiple people working on my said case and they were very professional and nice whenever they had called me and kept it very simple for me to understand what was actually going on. I'm extremely happy that I had found them and went with them to help me and I'm so thankful for them. 10/10 would recommend!
I am so glad I got in touch with Zinda! My car accident occurred just 4 days prior to moving, during the busiest week of the year at my job, and just a week before the quarantine was declared a new reality for all of us. Everyone at Zinda remained persistent, supportive, and most of all advocated for me throughout such a chaotic time. I’ll always be grateful for the care they took to make sure my health and well-being were taken care of. So super grateful to know that a split second mistake someone else made doesn’t have to dictate my life. Thanks!
My experience with Zinda Law Group was better than expected. After an accident that totalled my car, I reached out and was paired with a wonderful attorney. She communicated frequently and responded to my calls and texts in a timely manner. She was friendly, knowledgeable, and answered all of my questions. I was kept in the loop during every step of the process. I would call Zinda Law if I ever need this type of support again.
I had an excellent experience working with the attorneys at Zinda Law Group! They were knowledgeable, professional and patient. They walked me through every step of the long process of getting treatment after my car wreck and kept me updated with timeframes and next steps. I would absolutely recommend anyone working with them!
They helped me with so much! I had a dog bite happen 2019 and it was very heart breaking! This law group made everything so easy to help me through a rough time! John Rogers and Shane Eckert were very easy to talk to and open about if I needed to talk about frustrations I had with bills. Everything got closed before Christmas and I was so blessed! I highly recommend them no matter what! Thank you guys so much!
Zinda Law Group helped me with my personal injury case after an auto accident. I was hurt pretty badly and I wasn't sure which attorney to call, I looked at reviews for Zinda Law and called right away.Kaitlin Nares and her team were so responsive and helpful. Kaitlin called me right away and helped me navigate through a very difficult process and time in my life. Being hurt in a car accident changes you!!! My case settled for more than I thought it would, and a lot quicker. I know sometimes things are more complicated, but my case was settled in only 3 months after my accident. Mary-Catherine was also so helpful in making sure everything was finalized! I have referred two people who have recently been in auto accident because it's not IF, its WHEN these days... I usually don't write reviews unless I feel strongly about sharing my experience to help others! Thank you!!!
I ended up getting hit by a car when I was at school at the age of 17. My whole life ended up changing after that accident and because of family matters I wasn't able to get help till I was 18. I found Zinda law firm and I can swear to anyone these guys will help you! I thought I wasn't gonna get justice till the members of Zinda proved me wrong. They got me all the help I needed and Justice was served because of them. I will forever be grateful!
I was referred here by a family member. Our lawyer jason and his team did and amazing job. They kept me updated in everything made sure I understood what was going on. My son was hit by a van in the hospital jason came right over. He's awesome so much down to earth straight forward. I would recommend him and his firm to everyone and I have thank you zinda but most of all thank you Jason for being there for us for being a friend
Zinda Law Group was recommended to me from another satisfied client and I certainly received excellent service. The attorneys and staff are very proactive with communication and I knew every step of the way what was happening on my case. I never felt pressured with decision making and they went above & beyond to answer questions with satifactory explanations. This is a very professional group of attorneys & support staff. In addition, they were willing to meet me at a location more convenient for me. I appreciated their concern for my time.
Could not speak highly enough of the firm. I was involved in my first accident and thankfully had Zinda Law Group supporting me through the scary time. Jono took care of me every step of the way. He made me feel like I was a priority through the entire process. A big thank you to Jono and the rest of the Zinda crew!
At this time we want to thank Zinda Law Group for taking our case and handling in a fast professional manner. During our tragic personal injury event we found comfort knowing Zinda Law was handling every detail of our case and exceeded our expectations. No one wakes up in the morning expecting tragedy to strike, but if it does we would highly recommend Zinda Law Group to anyone that should need their service. A very special thanks to everyone that worked diligently on our behalf.Sincerely,Blane and Cindy Colbert
When I come to Zinda Law Group with my case, I didn't know what to Expect. And I meet Joe Caputo, and I was unsure of his experience and that He would represent my best interest because he was young...lol . But after I Started to work with Joe and getting to know him and his staff I realize that That they truly were concern about my best interest. And through all the Doctors appointments and the travel arrangements Amanda Kenney made Sure everything was correct. I never meet Amanda In person, but we have talk so much on the phone... She is truly a Remarkable person and an asset to Zinda Law Group and Laura as well.Joe Caputo I take my hat off to you Sir. And thank you for the job you Have done you are truly a professional attorney. And I will recommend You and Zinda Law Group to anyone needing a professional attorney.May GOD continue to bless you and this Law firm.
Zinda Law Group has been in my corner and fighting for what I deserve every since my accident. Jason was my lawyer & he explained the process step by step and always kept me updated on new information. They are constantly there to help with any questions I may have had, and are extremely compassionate. I am definitely happy with my decision to choose Zinda Law Group to represent me. They are AWSOME!

How To File A Wrongful Death Claim

1. Contact A Wrongful Death Attorney

If you have lost a loved one due to an accident where negligence was involved, you should contact a Denver wrongful death attorney as soon as possible. A wrongful death attorney can help guide you through the process, investigate your wrongful death claim, and help to seek potential compensation you may be entitled to.

2. Investigation

Once you have hired an experienced wrongful death attorney, they will begin the process of investigating the accident that resulted in the death of your loved one and the details surrounding it. This investigation will help them to determine liability and potentially prove negligence.

3. Negotiation

Your attorney will present your claim to the defendant or their insurers, and they will give a counteroffer. Your Denver attorney will use the facts uncovered during their investigation to help strengthen your claim. This negotiation may go on for some time until a settlement is reached.

4. Trial

If no settlement can be reached, the case may go to trial. Your lawyer will go to court to prove liability and negligence in order to seek compensation by judgment.

Wrongful Death Settlement

Wrongful death compensation laws vary by state. In Colorado, wrongful death laws allow for a family to collect both economic as well as non-economic compensation.

Economic Compensation

Medical Expenses

The victim in a wrongful death lawsuit may have survived for some time after the accident before succumbing to their injuries, and may have incurred heavy medical expenses. Compensation for medical damages will usually include costs of hospital stay, treatments, and medications.

Burial Costs

Compensation for burial costs usually covers the cost of funeral services and burial.

Loss of Earnings

Compensation for lost income awards are based on lost income during the time period after the accident, but before the loved one’s death, as they were unable to work during this time due to injuries.

Loss of Earning Potential

Compensation for the potential income a lost loved one could have been expected to earn during a normal lifetime. This is calculated according to the deceased’s salary at the time of the accident, sex, age, health, nature of occupation, and other variables.

Non-Economic Damages

Pain and Suffering

Pain and suffering damages offer compensation for the physical and emotional pain or agony the victim may have suffered before their death as a result of the accident. Pain and suffering compensation varies according to the nature of the injuries and details surrounding the accident.

Emotional Distress

Emotional distress damages provide compensation for emotional anguish and distress suffered by the family due to the death of the victim. This compensation can vary according to the details of the case.

Loss of Parental Guidance

If the victim of a wrongful death was survived by their children, the children may be eligible for compensation for the loss of their parent and the care they provided.

Loss of Companionship

If the victim of a wrongful death was survived by a spouse, the spouse may be able to claim compensation for the loss of companionship due to the wrongful death.

Statute of Limitations

In Colorado, the statute of limitations requires the family of a victim of a wrongful death accident to file a claim within two years of the death. If the claim is not filed within this time, it will most likely be dismissed if filed later. It should also be noted that in Colorado, there are time restrictions on when certain family members may file a wrongful death claim. Only a surviving spouse can file a wrongful death claim during the first year after death. During the second year after death, a wrongful death claim may be filed by a surviving spouse, surviving children, or in the absence of a surviving spouse or children, surviving parents may file a claim.

Child Wrongful Death

If a child who is a minor, or under the age of 18, is dies in a fatal accident, and negligence may have been involved, the parents of the child can file a wrongful death claim, so long as the child does not have a spouse or children. However, the damages that parents may seek in these cases are limited to financial damages, and these may be much smaller than similar damage for an adult who contributes to the financial ability of the family.

Common Wrongful Death Cases

Car Accidents

Car accidents can often prove fatal. Common causes of car accidents caused by negligence include distracted drivers, drivers under the influence of alcohol or drugs, or fatigued drivers. In most car accident cases, the negligent driver will be at fault, but if the accident was caused by a mechanical malfunction or a dangerous road condition such as a deep pothole or bridge failure, the car manufacturer or government entity may be at fault.

Truck Accidents

Due to differences in size and weight, accidents involving large trucks or 18-wheelers often result in the death of the driver or passengers of cars involved. These accidents are often caused by negligent behavior such as fatigued driving, driving under the influence, and distracted driving. Some accidents may be caused by mechanical malfunctions, such as brake or tire failure. Depending on the nature of the accident, the driver and/or the trucking or shipping company who owns the truck may be at fault.

Workplace Accidents

Despite substantial regulation, many workplaces often present many dangers and cause fatalities. Common causes of wrongful death include failure to enforce proper safety rules, properly maintain safety equipment, or effectively train employees to perform work safely. If a wrongful death is caused by a workplace accident, the employer may be at fault, as well as any negligent employees, present third-parties, manufacturers, or others who contributed to the accident.

Medical Malpractice

Sometimes medical professionals like doctors may be at fault for the death of a loved one. Such behaviors can include cutting corners or using shortcuts in procedures to save time and effort, misdiagnosis of a condition, a failure to diagnosis it completely, or failure to follow proper protocols during a procedure. The physician responsible for the patient may be at fault for their death if they have acted in such a negligent manner, and in some cases, the hospital or doctor’s employer may also be liable.

Defective Products

We increasingly rely on a variety of manufactured products and machinery to go about our daily lives, but sometimes these machines and products can malfunction, with deadly results. Defective products are usually caused by flawed designs or manufacturing defects. In these cases, the product manufacturer may often be at fault as well as distributors or retailers or the defective product.

Premises Liability

Various injuries are often suffered while on the premises of a business or other third party. Slip and fall accidents are one of the most common causes of personal injury on the premises of another. These falls can sometimes cause a traumatic brain injury, severe internal injury, spinal cord injury, or other serious injury leading to the victim’s death. If a death has occurred, the property owner will often be held at fault, in addition to any negligent employees or third parties who may have contributed to the unsafe conditions that caused the death.

Frequently Asked Questions

When is this claim valid?

  • When a victim is killed as a result of negligence or an intentional harmful act

What do you need to prove?

  • You will need proof that their actions were a direct cause of the death
  • You will also need proof that the victim’s death caused the damages you are seeking to recover

Who can file a wrongful death claim?

  • The spouse or the surviving children
  • If there are no surviving spouse or children, the parents may file the claim

Should you have an attorney?

  • This answer is always yes
  • Hiring a qualified personal injury attorney with experience in wrongful death cases is vital when seeking compensation for the death of your loved one


If you are a relative of a victim that is deceased due to another party’s culpable behavior, it is important that you retain the services of a wrongful death attorney as soon as possible after the accident. Zinda Law Group is a Denver personal injury law firm that has handled numerous wrongful death cases.

Our Denver wrongful death lawyers will put their experience to work to seek the best possible settlement or court judgment for you. Call 303-225-9846 to get a free consultation with us to explore your options.

Meetings with Attorneys by appointment only.

Our Awards

Trucking Top 10 Trial Lawyers


Super Lawyers Rising Stars

AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), JOE CAPUTO (2019-2021), BURGESS WILLIAMS (2019-2020), & NEIL SOLOMON (2020-2021)

National Top 40 Under 40 Trial Lawyers

AWARDED TO JACK ZINDA (2016-2020), JOE CAPUTO (2016 – 2020) & BURGESS WILLIAMS (2016-2017)

Multi-Million Dollar Advocates Forum 2