No Fee
Unless We Win
Your Case

Home » Aurora Wrongful Death Lawyer

Aurora Wrongful Death Lawyer

Does it matter whether a public entity was involved in an Aurora wrongful death?

Yes. If the death involved an RTD bus or R Line train, a City of Aurora vehicle, or a road run by the city or state, the Colorado Governmental Immunity Act cuts the filing window from two years down to a written notice within 182 days of learning about the death. Fatal pedestrian and transit crashes along the I-225 corridor often involve exactly this kind of public entity, so identifying it early and working with an Aurora personal injury lawyer protects this claim before the shorter clock runs out.

Grief doesn’t leave room for legal strategy, and it shouldn’t have to — but Colorado’s rules about who can file, and by when, don’t pause for mourning. Meanwhile, the bills from the hospital and the funeral home keep coming, along with the sudden absence of whatever that person provided for your family. An Aurora wrongful death lawyer can quietly handle the legal side and protect your family’s rights while you take the time you need to grieve.

More than two decades beside grieving families: Jordan S. Levine founded Levine Law over 20 years ago, and our Aurora attorneys continue that work today. Learn about our firm and who would represent your family.
Results measured in what families actually receive: Our multi-million-dollar case results and verdicts, and client reviews from families we’ve represented.
Every kind of fatal case: From car accidents to fatal falls and workplace deaths — on a contingency basis, so you pay no fee unless we win.
A private, no-cost consultation: Contact our Denver office, and see the awards and recognition our attorneys have earned.

Colorado gives most families two years from the date of death to file (C.R.S. § 13-80-102(1)(d)), or four years if the driver fled in a fatal hit-and-run. Acting early protects the crash report, the Aurora Police file, and witness accounts before they disappear.

What should you do after a wrongful death in Aurora?

Protect the record and the family’s legal rights before evidence is lost, and be careful with anything an insurer asks you to sign.

The early days are overwhelming, but a few steps protect a future claim:

Get the official report. If the death followed a crash, C.R.S. § 42-4-1606 requires a prompt report, and the Aurora Police Department or Colorado State Patrol will fill out a Colorado Traffic Crash Report (DR 3447). Aurora crash reports come through Crashdocs. The APD Records Section (303-739-6320) at 15001 E. Alameda Parkway can help if you don’t have a report number. For a fatal workplace, premises, or medical incident, ask the facility involved for the incident report or records.
Keep every document. Trauma records from UCHealth University of Colorado Hospital or Children’s Hospital Colorado, the death certificate, funeral and burial bills, and pay records all help show the losses your family suffered.
Save physical evidence. Vehicles, defective products, or dangerous property conditions can be fixed or thrown out within days. A quick evidence-preservation letter can stop that.
Do not give a recorded statement or sign a release from the at-fault party’s insurer until you have talked with an attorney. Early statements are often used to shift blame or shrink a claim.

What actually happens after a fatal accident in Aurora?

It is hard to keep up with paperwork when you are grieving. In Aurora, insurance companies often act quickly after an accident to try to settle your claim early.

A fatal-crash file from the Aurora Police Department typically takes days to complete, and records tied to a trauma admission or an autopsy through the Arapahoe County Coroner can take even longer. Aurora’s footprint across Arapahoe, Adams, and Douglas counties adds another wrinkle most families don’t see coming — even pinning down which coroner and which court has jurisdiction takes an extra step.

The insurance person from the other side will move very fast. They may call you within days. They might act nice, or they might offer you money right away. They do this before anyone knows the real cost of your loss. If you take that offer, or if you answer questions on a recorded call, you might get much less money than your case is worth. Stick to the basic facts, and do not sign anything until a lawyer looks at it.

What are the most common causes of wrongful death claims in Aurora?

Most Aurora wrongful death claims come from the same preventable carelessness that causes serious injuries. The most common causes:

Motor vehicle crashes — fatal car, truck, and motorcycle crashes such as along I-225, the interchanges at Parker Road, Mississippi Avenue, and 6th Avenue, and roads like Chambers Road and Parker Road (CO-83). A pavement defect on I-225 near 2nd Avenue drew Aurora City Council scrutiny after seven fatal wrecks in nine months, several involving teenage drivers and excessive speed.
Pedestrian deaths — an ongoing danger along East Colfax Avenue, where a driver fatally struck a pedestrian at Havana Street and fled the scene in a 2024 hit-and-run.
Dangerous property — fatal falls, building failures, drownings, or poor security, which may fall under Colorado’s Premises Liability Act — a property owner’s duty to keep the place safe.
Medical mistakes — preventable errors in diagnosis, surgery, or treatment at Aurora-area facilities.
Workplace and job-site incidents — construction falls, equipment failures, and other on-the-job deaths.

Colorado recorded 689 traffic deaths in 2024, including 112 pedestrian deaths — a reminder of how often fatal negligence happens on Front Range roads, Aurora’s included.

Who can file a wrongful death claim in Colorado?

Colorado doesn’t let just anyone in the family step forward — C.R.S. § 13-21-201 sets a strict order, and it shifts as time passes. Figuring out where your family lands in that sequence is usually the very first legal question in an Aurora case:

Year one belongs to the surviving spouse. Only they can bring the claim, though they’re free to bring the children in alongside them.
Year two opens the door wider. The surviving spouse, the children, or other heirs gain the right to file.
No surviving spouse or children? The person’s parents can step into that role.
A designated beneficiary can also qualify — someone named under Colorado’s Designated Beneficiary Agreement Act.

Get the sequence wrong, or miss your window within it, and a claim that should have succeeded can collapse before it starts. Confirming standing early isn’t optional.

Who is liable for a wrongful death in Aurora?

Fault in a wrongful death claim traces back to negligence — someone failing to act with reasonable care — and Aurora cases frequently involve more than one responsible party at once. Depending on how the death happened, liability can fall on:

A careless driver — behind the wheel on I-225, East Colfax Avenue, or Parker Road, drivers remain the most common defendant in these cases.
An employer — on the hook when a work or delivery driver causes a fatal crash on duty, or when unsafe conditions at a job site lead to a death.
A property owner or manager — liable under Colorado’s Premises Liability Act when a hazard on the premises goes unaddressed.
A product manufacturer — when a defective vehicle part, piece of machinery, or consumer product contributed to the death.
A government entity — the City of Aurora, RTD (which runs the R Line along the I-225 corridor), or the state, when a road-design flaw or a transit incident is to blame. These claims fall under the Colorado Governmental Immunity Act, which shortens the notice window to 182 days.

Colorado then applies its modified comparative negligence rule to divide fault between the parties. A share of 49% or less assigned to the person who died reduces the family’s award proportionally; a share of 50% or more wipes it out completely — which is exactly why insurers so often try to pin some of the blame on the deceased.

Find Out How Much Your Case in Worth

Call us for a FREE consultation. No Fee Unless We Get You Money.

Attorney insight: what makes Aurora wrongful death cases complex?

Wrongful death cases are complicated. There are strict rules about who can file a lawsuit, and it is difficult to put a price on a person’s life. These cases are much harder to handle than a normal injury claim.

What makes Aurora wrongful death claims complex:

Who may file is set year by year. Under C.R.S. § 13-21-201, only the surviving spouse may file in the first year; the spouse, children, or heirs in the second; and the parents if there is no spouse or children. The wrong person filing, or the wrong timing, can sink a valid claim.
Venue — and even the coroner — can shift. Because Aurora spans Arapahoe, Adams, and Douglas counties, the case may belong in the 18th Judicial District (Arapahoe) or the 17th (Adams), depending on exactly where the death happened.
The estate can pursue a separate survival action. This isn’t the same claim as wrongful death — a survival action under C.R.S. § 13-20-101 belongs to the estate itself and covers what your loved one endured before passing, like pre-death medical bills and pain, while the wrongful death claim compensates the family directly for what they lost.
Non-economic damages are capped, but solatium is an option. Colorado’s wrongful death damages statute (C.R.S. § 13-21-203) caps non-economic damages at $2,125,000, yet a family may instead take a fixed $135,990 solatium payment without having to prove their grief — a real strategy call with money at stake.
A public entity in the mix shrinks your timeline fast. An RTD bus or train, a City of Aurora vehicle, or a poorly designed public road triggers the Colorado Governmental Immunity Act, and that law gives you just 182 days to file written notice — miss it, and the claim is gone regardless of how much of the two-year window remains.
Insurers look for a reason to blame the deceased. Colorado’s modified comparative negligence rule reduces the family’s award by whatever share of fault gets pinned on the person who died — and erases it completely once that share reaches 50%.

Getting ready for trial means securing evidence early. We gather information, bring in experts like doctors and financial specialists, and clearly document the family’s losses. We treat every case as if it will go to a jury.

What damages can a family recover in a Colorado wrongful death claim?

Two categories of money are in play in a Colorado wrongful death claim, alongside a possible third claim run separately by the estate. Economic damages put a number on what the family actually lost — income, benefits, and out-of-pocket costs. Non-economic damages put a value on what can’t be itemized so easily — the grief and the relationship itself. The estate, separately, can pursue its own “survival action” for what your loved one went through before they died.

On the economic side, families typically recover:

Lost financial support — what the person would have kept contributing to the household.
Lost benefits — health insurance, retirement contributions, and the services the person used to handle.
Funeral and burial costs.

On the non-economic side, damages cover the grief itself, lost companionship, and loss of consortium — the loss of the relationship the family will never get back.

Legal note on Colorado’s wrongful death damages

For cases that happen on or after January 1, 2025, Colorado law limits non-economic damages to $2,125,000 under HB 24-1472. Economic damages, like funeral costs and lost financial support, do not have a limit.

Families can also choose solatium. This is a fixed grief payment of $135,990 set by C.R.S. § 13-21-203.5. You do not have to prove how much you are grieving to get this payment, and the amount is not lowered if the person who died was partly at fault.

Also, the estate can file a survival action under C.R.S. § 13-20-101. This covers the medical bills and pain the person suffered before they passed away.

Choosing the right legal path is a big decision, so it is best to talk with a lawyer first.

SCHEDULE A FREE CONSULTATION TODAY

Levine Law Is Here
To Support You

How long do you have to file a wrongful death claim in Colorado?

Colorado usually gives you two years from the date of death to file a wrongful death lawsuit (C.R.S. § 13-80-102). If you miss this deadline, you usually cannot file the claim. Although, one major exception exists. If the death was caused by a hit-and-run or vehicular homicide where the driver fled, the state allows four years. Because filing deadlines can be complicated, especially if children are involved, it is important to confirm your specific timeline right away.

Pitfall alert: the government-claim deadline is far shorter

Did your loss involve an RTD bus or R Line train, a City of Aurora vehicle, or a dangerous road run by the city or state? Then a much shorter clock applies. Under the Colorado Governmental Immunity Act, you must give written notice of your claim within 182 days of learning about the death. If you miss this deadline, you will lose your right to file the claim. — no matter how much of the two-year window is left. So many fatal pedestrian and transit crashes along the I-225 corridor involve public roads or vehicles that this deadline is easy to miss while a family is grieving.

Why do you need a wrongful death lawyer in Aurora?

Insurers and the companies behind them don’t get to where they are by paying out generously, and fatal claims draw their sharpest resistance — the numbers are large, fault is almost always contested, and no grieving family should be expected to go toe-to-toe with a claims adjuster alone. Here’s what your family is up against:

Insurance companies protect their bottom line, often by fighting fault or downplaying the value of a life.
Fatal claims often involve several parties — more than one driver, an employer, or a government body — and overlapping insurance.
Proving lost financial support and non-economic damages takes careful money analysis and records.

Opponent playbook

Expect the insurer’s first move to be building a case against the person who died, not the driver who hit them or the property owner that dismissed a danger. On the I-225 corridor and at the Colfax-and-Havana corner, that usually sounds like: they were speeding, they weren’t in the crosswalk, they should have reacted faster. It’s not a coincidence — Colorado’s 50% rule means every point of fault the insurer pins on your loved one comes straight off the top of the family’s recovery, and enough points erases it altogether.

Countering that requires speed of our own: pulling the DR 3447 report and the Aurora Police file, preserving scene evidence and vehicle “black box” data before it’s purged, tracking down witnesses while memories are fresh, and bringing in economists who can put a real number on what the family lost.

How a wrongful death lawyer can help

A wrongful death lawyer can take the legal burden off your family while you focus on grieving and supporting one another. They can investigate what happened, identify everyone who may be responsible, and build a claim that accounts for both the financial and personal losses your family has suffered.

Investigate the death: Gather police reports, medical records, surveillance footage, vehicle data, and witness statements before important evidence disappears.
Identify all liable parties: Determine whether the driver, employer, property owner, manufacturer, or another party may share responsibility.
Push back on blame: Challenge attempts to shift fault onto your loved one and protect your family’s right to recover under Colorado law.
Calculate your losses: Work with financial and economic experts when needed to document lost income, benefits, financial support, and other damages.
Handle insurers: Manage negotiations with insurance companies and push back against low settlement offers while you focus on your family.
Prepare for litigation: If the insurer refuses to offer fair compensation, build the case for court and advocate for your family’s interests throughout the process.

What does the wrongful death claim process look like?

Most claims follow a clear path: a free talk, an investigation, a demand and back-and-forth, and — if the responsible party won’t be fair — a lawsuit in the right Colorado district court.

A free, no-pressure case review — we look at the death, figure out who has the legal right to file, and confirm deadlines.
Building the evidence file — reports, medical and autopsy records, money records, photos, and witness statements.
Sending a documented demand — often backed by an economist’s analysis of lost support, followed by back-and-forth with the insurer.
Settling the claim, or taking it to court — if talks stall, we file suit in the right court. Most Aurora cases go through Arapahoe County District Court (18th Judicial District), 7325 S. Potomac St., Centennial, while a death in north Aurora may fall in Adams County (17th Judicial District) in Brighton.

How long this takes depends on how complex the case is and on the court’s schedule.

How do you choose the right Aurora wrongful death lawyer?

Look for a lawyer who has experience winning fatal accident cases and knows how the local Aurora courts work. You want someone who explains things clearly and truly cares about your family. Make sure they are ready to go to trial—look for real proof of their success, not just fancy advertisements.

Does the firm have relevant experience?

More than two decades in, Levine Law has built its practice on wrongful-death and catastrophic-injury cases across Colorado, including a $3.7 million wrongful death verdict after a nursing home’s neglect led to a fatal infection, and a $2.695 million settlement for a client left partially paralyzed (full case results available; past results don’t predict future ones). What a firm has actually done in court counts for more than what it says in an ad.

Do they know the courts that hear Aurora cases?

Look for a lawyer fluent in the 18th Judicial District’s rhythms — and aware that a death in north Aurora can land the case in Adams County instead. Firm founder Jordan S. Levine argued Crowell v. ICAO, a case that still shapes how Colorado holds insurers to account in claims like these.

Are they ready to go to trial?

Insurers negotiate differently once they believe a case is actually headed to a courtroom. Levine Law’s attorneys carry an AV Preeminent rating — Martindale-Hubbell’s top peer rating for legal ability and ethics — plus recognition from Super Lawyers and the National Trial Lawyers, each based on that organization’s own review process.

Are the fees clear?

There’s no retainer and no bill unless Levine Law wins your family’s case — contingency, plain and simple — and the first conversation costs nothing.

Losing a loved one is difficult enough without having to fight insurance companies or navigate a complicated legal claim on your own. Levine Law combines Colorado experience, proven trial results, and a client-focused approach to help Aurora families pursue the compensation they deserve while treating their loss with the care and respect it deserves.

Client testimonials

Families who’ve worked with Levine Law point to the same thing afterward — someone who kept them informed and treated them with care when things were hardest.

“The attorneys at Levine Law did an excellent job helping me navigate my accident in a clear, professional, and personal manner. Special thanks to the care that Patrick Barnes, Kristi Driscoll, Sam Armijo, and Jordan Levine did with my case.” — Joseph H., client testimonial

You can read more verified reviews on our Levine Law Reviews page.

Disclaimer: Client reviews are individual experiences and are not a guarantee of any particular result.

INJURED? GET THE MONEY YOU DESERVE!

Call Levine Law Today at 303-333-8000 and Get Our Injury Lawyers Fighting for Your Rights.

Case results that reflect real experience

Levine Law has represented Colorado families and injured clients in fatal and catastrophic cases, working to recover money for medical costs, lost support, and long-term stability. Representative results include:

$3.7 million verdict — a wrongful death trial for an 88-year-old woman who developed a fatal infection after a nursing home failed to monitor and clean her catheter.
$2.695 million settlement — a participant in a supervised day program suffered partial paralysis after diving into an above-ground pool.
$700,000 settlement — a roof worker’s foot became entangled in an extension cord; the fall left him with a spinal cord injury.

More outcomes are listed on our Cases & Verdicts page.

Disclaimer: Prior results do not guarantee a similar outcome; every case is decided on its own facts.

Areas served

Levine Law represents grieving families throughout Aurora and the Denver metro. Explore our Aurora personal injury hub, or our resources for neighboring communities:

We also handle the underlying causes of many fatal claims in Aurora, including car accidents, truck accidents, motorcycle accidents, and bicycle accidents. For the statewide legal framework, see our Denver wrongful death and pedestrian accident hubs.

Local resources

Level I Trauma Centers (Aurora)

UCHealth University of Colorado Hospital — Anschutz Medical Campus, 12605 E 16th Ave, Aurora, CO 80045 (Level I; only ABA-verified Burn Center in Colorado)
Children’s Hospital Colorado — 13123 E 16th Ave, Aurora, CO 80045 (region’s only pediatric Level I trauma center)
The Medical Center of Aurora (HealthONE) — Aurora hospital and emergency care

Reports & agencies

Aurora Police Department Records — crash and incident reports (Crashdocs); Records Section 303-739-6320, 15001 E. Alameda Parkway
Colorado DMV — Report a Crash
IIHS — Colorado fatality statistics (2024)

Courts

Arapahoe County District Court (18th Judicial District) — Arapahoe County Justice Center, 7325 S. Potomac St., Centennial, CO 80112 (clerk 303-645-6600)
Adams County District Court (17th Judicial District) — Brighton (for north Aurora)

Disclaimer: We provide these resources for convenience only; we do not endorse or profit from them.

Frequently asked questions

Who can file a wrongful death claim in Colorado?

Colorado sets a year-by-year order under C.R.S. § 13-21-201: the surviving spouse in year one; the spouse, children, or heirs in year two; and the parents if there is no spouse or children. A designated beneficiary may also qualify. Aurora cases are usually filed in Arapahoe County District Court in Centennial.

How long do I have to file a wrongful death claim in Colorado?

You usually have two years from the date of death under C.R.S. § 13-80-102(1)(d). If the death came from a hit-and-run or vehicular homicide where the driver fled — as seen at Aurora corners like Colfax and Havana — the deadline grows to four years. Claims against public bodies like RTD require a 182-day notice.

What is a survival action, and how is it different?

A survival action (C.R.S. § 13-20-101) is brought by the estate to recover what the person suffered before death, like pre-death medical bills from a trauma stay at UCHealth Anschutz. A wrongful death claim pays the surviving family for their own losses. Both can go forward together in Arapahoe County District Court.

How much is an Aurora wrongful death case worth?

It depends on lost financial support, benefits, funeral costs, and human losses like grief. For claims that arise on or after January 1, 2025, Colorado caps wrongful death non-economic damages at $2,125,000 under HB 24-1472. Or a family may take a fixed solatium of $135,990. Money losses are not capped.

What is solatium in a Colorado wrongful death case?

Solatium is a fixed grief payment set by law — $135,990 for claims that arise on or after January 1, 2025 — that a family may take instead of proving grief and lost companionship (C.R.S. § 13-21-203.5). Unlike other damages, it is not cut by the deceased’s share of fault, which can matter in disputed Aurora crash cases.

Contact an Aurora wrongful death lawyer today

If your family has lost a loved one to someone else’s negligence in Aurora, Levine Law is available 24/7 to review your claim and explain your options at no cost.

Contact us online for a free, no-obligation consultation.

Attorney Review Disclosure

This content has been reviewed by the attorneys at Levine Law to help ensure its accuracy and compliance with applicable Colorado law. Legal services are provided by attorneys licensed to practice in the State of Colorado.

Denver Office
Levine Law LLC
4500 Cherry Creek S Dr #400
Denver, CO 80246
24/7 Hotline: (303) 333-8000

Other Cases We Take On

Beyond wrongful death, Levine Law helps injured Coloradans across many practice areas:

This content is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee future outcomes; every case is evaluated on its own facts. This content has been prepared for review by Colorado-licensed attorneys at Levine Law.

The customer service I experienced with this firm I would wish every company could live up to.