Lakewood Wrongful Death Lawyer

A phone call in the middle of the night. A police officer at the door, asking to come in and sit down first. However, the news reached you; it probably came with a place attached, maybe West Colfax Avenue, the stretch through Lakewood that recorded six deaths and hundreds of serious injuries in just five years, or somewhere else entirely. The place rarely matters to what you’re feeling right now. What comes next does. Within days, sometimes hours, an insurance adjuster or a facility’s risk manager starts asking questions. 

You should not have to put your grief aside to understand your legal options. Colorado law does, however, impose deadlines and requirements on wrongful death claims, and understanding them early can help protect your family’s options. At Levine Law, we take the time to understand what happened, explain what the law allows, and help you decide what comes next. 

• More than 20 years guiding Colorado families through loss. Founder Jordan S. Levine built Levine Law around the full range of Colorado injury law, wrongful death claims included, not only the cases that are easiest to talk about.
• A results history that includes a fatality case. The firm’s case results and verdicts include a $3.7 million wrongful death verdict — more on that further down.
• One firm, one contingency structure, regardless of case type. Wrongful death claims are handled on the same no-fee-unless-we-win terms as everything else the firm takes on. More about the firm.
• Two years from the date of death. In Colorado, the filing window for a Lakewood wrongful death claim is generally two years, counted from the date the person died. Reach out to us for a free consultation whenever you’re ready.

Who can bring the claim is usually the first question to settle, and the two-year deadline is the reason to settle it early. Here’s where to start.

What kinds of accidents lead to a wrongful death claim in Lakewood?

Numbness and exhaustion are common in the first days, and the legal side of a death can wait while your family comes first. A few practical steps are easier to take early, though, because records and physical evidence can disappear without anyone noticing. The Lakewood Police Department investigates most fatal crashes on city streets. The Jefferson County Coroner looks into sudden or unexpected deaths in Lakewood. When you’re ready:

• Write down the police case number. You’ll need it to request the crash report later, whether the Lakewood police or the Colorado State Patrol handled the investigation.
• Ask the coroner’s office how to request its findings. Its conclusions about how and why the person died can become key evidence later.
• Keep anything connected to the accident. A damaged vehicle, a phone, clothing, or personal items can matter later. If an insurer wants to move or salvage a vehicle, it can help to ask for time until it has been inspected.
• Gather records of what the person provided. Pay stubs, tax returns, and benefits statements can show the financial support the family lost.
• Keep insurance calls short for now. If an adjuster calls, it’s fine to write down the adjuster’s contact details and call back when you feel ready. You do not need to answer detailed questions while you are grieving.
• Wait before signing anything. A release or a settlement check can end the claim, so it can help to have a lawyer review the paperwork first.

What happens in the first weeks after a fatal accident in Lakewood?

Waiting for answers can be one of the hardest parts of the weeks after a death. Several processes usually move at once, each on its own schedule, and most of them move whether or not a family feels ready. Depending on the facts, the police, Jefferson County’s coroner, the district attorney, and the probate court may all be involved. How those stages tend to unfold:

• The investigation at the scene. Officers photograph and measure the scene, identify witnesses, and may bring in crash reconstruction for a serious case. 

Why it matters: Their report is often the first official account of how the death happened and who may be at fault.

• The coroner’s findings. Autopsies are done at no charge to the legal next of kin, and the Jefferson County office says reports are usually complete six to eight weeks later.

Why it matters: The findings on cause of death can connect the death to the accident, especially when the person died days after it.

• A possible criminal case. The First Judicial District Attorney’s Office, which covers Jefferson and Gilpin counties, decides whether to file charges. 

Why it matters: If a crime caused the death, the DA’s victim compensation program may be able to help with funeral and burial costs.

• Opening an estate. When an estate is needed, a judge in the probate division of the Jefferson Combined Court in Golden appoints a personal representative. 

Why it matters: The representative, not the family, brings the estate’s separate claim for costs and lost earnings from before the death.

These processes run side by side, and the civil deadline keeps running while they do.

Which accidents most often lead to wrongful death claims in Lakewood?

Most wrongful death claims in Lakewood grow out of the same kinds of accidents that cause serious injuries, with traffic crashes at the top of the list. The city’s own data shows how concentrated that risk can be. On the 1.5-mile stretch of West Colfax Avenue between Sheridan Boulevard and Teller Street, the city’s West Colfax safety project counted 820 crashes from 2015 through 2019, with six people killed. Five of those six deaths involved someone walking or riding a bike. Common causes include:

• Crashes on busy corridors. Speed, impairment, and failures to yield are frequent factors in fatal collisions on roads like West Colfax, Wadsworth Boulevard, and 6th Avenue. Our Lakewood car accident page covers how fault is shown in those crashes.
• People walking or on bikes. Someone outside a vehicle has no protection in a collision, which helps explain the West Colfax numbers. The firm’s pages on Lakewood pedestrian accidents and bicycle accidents explain how those claims work.
• Motorcycle crashes. A rider can suffer fatal injuries in a collision that the people in a car would walk away from.
• Trucks and commercial vehicles. A trucking company’s hiring, training, and maintenance records can become part of the case.
• Dangerous property. A property owner may be responsible when a known hazard or poor security leads to a death, as our premises liability page explains.
• Neglect in a nursing home or care facility. Missed care can turn a short stay into a fatal one, as it did in the verdict described below.

Who is allowed to bring a wrongful death claim in Lakewood?

Deciding who should step forward can feel uncomfortable when everyone is grieving. Colorado’s Wrongful Death Act (C.R.S. § 13-21-201) settles much of it by relationship and by timing, and it permits a single wrongful death lawsuit for each person who died. That means the eligible family members usually need to agree on who files and who joins. How the law assigns the claim:

• When there’s a surviving spouse. For the first year after the death, the spouse decides. The spouse can sue alone, bring the heirs into the suit, or sign a written election that lets the heirs sue instead. In the second year, the heirs (usually the children) can also file on their own, and the spouse can join within 90 days.
• When there’s no spouse. Without a surviving spouse, the heirs or a designated beneficiary under a recorded agreement may file right away.
• When the person was unmarried with no children. The parents can bring the claim, unless a designated beneficiary holds that right.
• When no closer relative survives. Under HB 24-1472, brothers and sisters can file in narrow situations, generally when the person who died left no spouse, children, parents, or designated beneficiary.

What if you weren’t married to the person who died?

Many couples build a life together without marrying, and the law’s family list can feel as if it leaves them out. Colorado’s designated beneficiary law offers unmarried adults a way in. Two people can sign an agreement that grants each other a set of legal rights, and one of those rights is standing to sue for the other person’s wrongful death (C.R.S. § 15-22-105). That right applies unless the couple specifically excluded it. The agreement takes effect when the clerk and recorder of the county where one partner lives receives it for recording.

Without a recorded agreement, an unmarried partner generally has no standing of their own, although the person’s children or parents may still bring the claim. If you’re not sure whether an agreement was recorded, the Jefferson County Clerk and Recorder’s recording office, which records these agreements for county residents, may be able to help. A lawyer can also check other counties where either partner lived.

SCHEDULE A FREE CONSULTATION TODAY

 

Levine Law Is Here
To Support You

CONTACT US

Who may be held responsible when someone dies in Lakewood?

It’s natural to want the person or company behind a death to be held accountable. Colorado law expects people to use reasonable care, whether they’re driving, running a business, or caring for patients. When a failure of that care causes a death, whoever was responsible can be held legally liable. Running a red light, serving a visibly drunk customer, and ignoring a resident’s worsening infection are everyday examples of that kind of failure. Depending on the facts, responsibility can rest with:

• The driver who caused the crash, when careless or impaired driving led to the death.
• An employer, if the driver or worker at fault was on the job. A delivery driver on a scheduled route is working for the company, while the same driver running a personal errand on a day off usually isn’t.
• A bar, restaurant, or liquor store, under Colorado’s dram shop law (C.R.S. § 44-3-801), when it willfully and knowingly served alcohol to someone visibly intoxicated or under 21 who then caused the death. The deadline for that claim is one year from the sale or service. The statute also places a liability limit on claims brought under this provision. 
• A property owner or manager, when a dangerous condition they knew or should have known about caused the death.
• A nursing home or care facility, when a failure to provide reasonable care caused or contributed to the death.
• A public entity, when a government vehicle or a dangerous road condition played a role, and the legal requirements for governmental liability are met. These claims can involve the Colorado Governmental Immunity Act, including its 182-day notice requirement.

Why liability gets complicated fast

Responsibility for one death is often shared, and each party’s share affects what the family can recover. Under Colorado’s comparative negligence law (C.R.S. § 13-21-111), a jury can also assign part of the fault to the person who died, and the family’s recovery is reduced by that percentage. The family can’t recover at all if that share matches or exceeds the fault of the parties being sued. Hypothetically, if a jury valued a family’s losses at $360,000 and found the person who died 30% at fault, the family would recover $252,000.

Colorado also generally limits each defendant to its own share of the fault under the pro-rata liability law (C.R.S. § 13-21-111.5). If a driver is found 70% responsible and a bar 30%, each pays its own portion, and a share assigned to someone who was never part of the case may go unpaid. That is one reason identifying every responsible party early can matter.

What can a family recover after a wrongful death in Lakewood?

Talking about money after a death can feel wrong, and many families put it off for that reason. Depending on the facts and the evidence, a Colorado wrongful death claim can include economic and non-economic losses. Economic losses are the measurable financial effects of the death, while non-economic losses address grief and the loss of the relationship. A separate survival claim may also belong to the estate.

• Economic losses. These can include lost financial support, such as the wages and benefits the person would likely have shared with the family. They can also include the value of the person’s work around the home and reasonable funeral and burial costs.
• Non-economic losses. These can include the family’s grief, loss of companionship, and emotional distress.
• Solatium as an alternative. Under Colorado’s solatium law (C.R.S. § 13-21-203.5), a family can give up the non-economic damages claim in writing and take a set statutory amount in its place. The Colorado Secretary of State lists that amount as $135,990 for claims that accrue on or after January 1, 2024.
• Exemplary damages in some cases. When a death involves circumstances such as willful and wanton conduct, the jury may also award exemplary damages. Colorado generally limits them to the amount of the actual damages awarded.
• The estate’s survival claim. Colorado also allows a separate survival claim (C.R.S. § 13-20-101), brought by the estate’s personal representative. It is generally limited to lost earnings and expenses from before the death, such as medical bills.

Why calculating damages can be complicated

The hardest part is often measuring a future that won’t happen. A claim looks ahead to what the person would likely have earned and contributed over the coming years, which usually takes pay records, tax returns, and an economist’s projection. Work the person did at home, like raising children or caring for a parent, counts as well. The loss of the relationship has no formula, so a jury would rely on the family’s own account of the person and the life they shared.

The limits depend on who is responsible and when the person died. Colorado caps non-economic damages in wrongful death cases at $2,125,000 for deaths on or after January 1, 2025, under HB 24-1472, and the same cap applies to wrongful death actions filed during 2025. The cap is adjusted for inflation starting January 1, 2028, and every two years after, using the Denver-Aurora-Lakewood consumer price index. The cap doesn’t apply when the death was a “felonious killing,” which Colorado’s probate code ties to murder and manslaughter (C.R.S. § 15-11-803). A criminal conviction can establish it, and without one, a civil court can decide the question under a more-likely-than-not standard.

Claims based on medical care follow separate limits under Colorado’s Health Care Availability Act. A claim against a public entity is analyzed separately under the Colorado Governmental Immunity Act. Immunity rules can decide whether such a claim goes forward at all, and the limits on what a public body pays depend on the entity and the date of death. Working through these rules can feel like one more weight during grief. A clear record of the person’s life, work, and relationships can help the family understand what the claim needs to show.

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

Tracking a legal deadline is a lot to ask of a grieving family, which is why it helps to know the date early. Under Colorado’s wrongful death deadline (C.R.S. § 13-80-102), a lawsuit generally must be filed within two years. The clock starts on the date of death (C.R.S. § 13-80-108), which can be later than the date of the accident. Missing the deadline usually ends the claim, however clear the fault may be.

Because all of Lakewood is in Jefferson County, a lawsuit over a death here usually goes to the Jefferson County District Court, 1st Judicial District in Golden.

Pitfall alert

The four-year exception is narrower than many families expect. Colorado allows four years in only one situation. The person responsible must have committed vehicular homicide and also left the scene in violation of Colorado’s hit-and-run law, as part of the same criminal episode. A hit-and-run on its own doesn’t extend the deadline, and neither does a vehicular homicide charge against a driver who stayed at the scene. A family that counts on the longer window without confirming both facts can lose the claim at the two-year mark.

Why do you need a lawyer after a wrongful death in Lakewood?

A wrongful death claim can raise questions that don’t come up after an injury the person survived. The important ones may include who in the family can bring the claim and whether a cap applies. Others involve which insurance policies are available and how to show the value of a life cut short. Families facing those questions while grieving often find it hard to know where to begin. Someone who knows Colorado’s wrongful death law can help keep each question moving toward an answer.

Where the claim can become complicated

• The family has to proceed as one. Colorado permits a single wrongful death lawsuit for each person who died, so the people with standing usually need to agree on who files and who joins. Leaving out someone with a stake can create problems later.
• The cap may or may not apply. Whether the death counts as a felonious killing, or involves medical care or a public entity, can change the limits that govern the case.
• Coverage can come from several places. The at-fault driver’s liability policy may not be the only coverage. The deceased’s own uninsured or underinsured motorist coverage, an employer’s policy, or a business’s coverage may also apply.
• A future has to be proven. Lost earnings, benefits, and household contributions are projections. They usually need documents and expert support before an insurer or a jury will credit them.

Answering these questions usually takes records, testimony, and time, and that is the work a lawyer can take on.

How can a Lakewood wrongful death lawyer help?

A lawyer can carry the legal work so your family can focus on each other. That often starts with confirming who has standing and gathering records before they become harder to get.

A lawyer may also:

• Confirm who can bring the claim. A lawyer can review the family’s situation, including any recorded designated beneficiary agreement. The lawyer can also coordinate everyone who needs to be part of the single lawsuit.
• Collect the evidence of fault. That can include the police and coroner’s reports, witness statements, video, and records from any business or facility involved.
• Identify every source of recovery. A wrongful death lawyer can review the at-fault party’s insurance and the family’s own policies. A lawyer can also look for an employer, business, or public entity that may share responsibility.
• Document the financial and personal loss. Pay and tax records, benefits information, and accounts from people who knew the person can help show what the family lost.
• Keep track of the deadlines. A lawyer can confirm the two-year date, any shorter notice requirement for a public entity, and the one-year limit on a dram shop claim.
• Handle communication with insurers. A Lakewood wrongful death attorney can answer an adjuster’s questions and review any offer against the evidence before the family decides.

You don’t need every answer about the claim while you’re grieving. Once the questions are laid out, the family can see what has been done, what still needs attention, and which decisions are theirs to make.

Find Out How Much Your Case in Worth

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

Schedule a FREE Consultation

Call At 303-333-8000

How does a wrongful death claim work in Colorado?

Most families have never been through a lawsuit, and the idea of one can feel overwhelming. A Lakewood wrongful death claim generally moves through four stages, and many claims resolve through negotiation before a trial is needed.

1. Consultation. We listen to what happened and who the person was, then explain who has standing and when the deadline falls.
2. Investigation. We gather the police and coroner’s reports, medical and employment records, and any video or witness accounts.
3. Demand and negotiation. Once the losses are documented, we present the claim to the insurers involved and negotiate from that record.
4. Filing suit. For claims that don’t resolve, we file in the Jefferson County District Court and prepare the case for trial.

What if your loved one died days or weeks after the accident?

It’s painful when someone survives an accident at first and dies later, and it can raise questions a family didn’t expect. The two-year deadline for the wrongful death claim runs from the date of death, so a crash in March followed by a death in May would generally start the clock in May. The medical care in between can also matter.

Records from a hospital such as St. Anthony Hospital, Lakewood’s Level I trauma center, often show how the injuries led to the death. The costs of that care and any earnings lost before death generally belong to the estate’s survival claim. When more time passes between the accident and the death, an insurer may question whether something else caused it, and the treating doctors’ records and testimony can help answer that question.

How do you choose a lawyer for a wrongful death claim?

A few direct questions can tell you a lot about a firm in a single conversation. Look for experience with fatal cases, clear answers about your family’s situation, and fee terms you understand. Here’s how Levine Law answers them:

• Has the firm taken a wrongful death case through trial? 

The firm tried a wrongful death case to a $3.7 million verdict after a nursing home failed to properly care for a resident (see our case results). A past result can’t predict the next case, but it shows experience with the kind of claim you’re facing.

• Can the lawyer explain who in your family can bring the claim? 

Colorado’s rules on standing turn on marriage, children, parents, and recorded agreements. A lawyer should be able to walk through your family’s situation clearly in the first conversation.

• Will the firm look beyond the at-fault driver? 

Employers, bars, property owners, care facilities, and the family’s own policies can all affect what’s available. Ask how a firm identifies every party and every policy that may apply.

• Is the firm’s reputation confirmed by others? 

Jordan Levine’s AV Preeminent rating comes from Martindale-Hubbell’s peer review of lawyers, and the firm lists other honors on its recognition page.

• How do attorney fees work? 

With contingency terms, whether an attorney fee is owed depends on the result. Levine Law takes wrongful death claims on contingency, with a free first meeting and a fee drawn as a percentage of any recovery. Court costs and other expenses are separate, and the fee agreement describes how those are covered.

What do clients say about working with Levine Law?

Reviews carry weight because clients write them, not the firm. None of Levine Law’s published reviews come from a wrongful death client, so the one below is labeled for what it is: a client describing an injury case. It speaks to what reaching closure can mean for a family.

“This injury has impacted my life in ways that I never could have imagined, and to have some closure brings me and my family great peace.” — Kim M., client testimonial.

Other client reviews are collected on the firm’s reviews page.

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

What results has Levine Law obtained in wrongful death cases?

Here’s an example of what Levine Law has secured in a wrongful death case:

• $3.7 million verdict — An 88-year-old woman went into a nursing home for a short rehabilitation stay. The facility failed to clean and monitor her Foley catheter, and the urinary tract infection that followed caused her death.

Additional results are posted on our Cases & Verdicts page.

Disclaimer: Prior results don’t guarantee a similar outcome. Every case is decided on its own facts.

What areas does Levine Law serve near Lakewood?

We help families throughout Lakewood and nearby communities, including:

• Belmar
• Green Mountain
• Bear Creek
• Two Creeks
• Wheat Ridge
• Golden
• Edgewater
• Denver
• Aurora
• Boulder

Where the death occurred shapes which agencies are involved. Lakewood police handle most city streets, the Colorado State Patrol handles state highways, and the Jefferson County Coroner and courts in Golden serve all of Lakewood.

Local Resources

Death investigation and records

• Jefferson County Coroner’s Office — investigates sudden and unexpected deaths in Lakewood and issues autopsy reports — 800 Jefferson County Parkway, Suite 1000, Golden, CO 80401; 303-271-6480.
• Jefferson County Vital Records — certified copies of death certificates — 800 Jefferson County Parkway, Suite 1300, Golden, CO 80401.
• Jefferson County Clerk and Recorder, Recording — the county office that records documents such as designated beneficiary agreements — 100 Jefferson County Parkway, Golden, CO 80419.

Police and crash reports

• Lakewood Police Department — investigates most crashes on Lakewood streets — 445 S Allison Pkwy, Lakewood, CO 80226; non-emergency 303-980-7300.
• Colorado State Patrol — investigates crashes on state highways through Lakewood.
• Colorado DMV crash records — requests for official crash reports.

Victim support

• First Judicial District Crime Victim Compensation — the district attorney’s program for crime victims, which may help pay burial and funeral costs after a crime-related death (apply within one year) — 500 Jefferson County Parkway, Golden, CO 80401; 303-271-6800.

Courts

• Jefferson Combined Court — district court civil cases and probate for the 1st Judicial District — 100 Jefferson County Parkway, Golden, CO 80401; probate: 720-772-2540.

Safety data

• West Colfax Transportation Safety Project — the city’s crash data and safety plan for West Colfax between Sheridan Boulevard and Teller Street.

We provide these resources for convenience only. We don’t endorse or profit from them.

Frequently Asked Questions

Can parents bring a wrongful death claim after losing a child in Lakewood?

Yes, in most cases. If the child had never married and had no children, Colorado’s Wrongful Death Act (C.R.S. § 13-21-201) lets the parents bring the claim, unless a designated beneficiary holds that right. Damages can include the parents’ grief and loss of companionship, and the case would normally be heard in Golden at the Jefferson County District Court.

What if an insurance company has already offered a settlement?

You can take time to review it. A settlement usually requires a release that ends the claim, and Colorado permits only one wrongful death lawsuit per person under C.R.S. § 13-21-203, so an early agreement can affect every family member with standing. A Lakewood wrongful death lawyer can compare the offer with the family’s losses before anyone signs.

Will our family have to go to court in Golden?

Not necessarily, since many wrongful death claims resolve through negotiation. A filed case would go to the Jefferson County District Court in Golden. Family members might give a deposition or testify at trial about the person and the loss. A lawyer can explain what each step would ask of you under Colorado’s court rules before it happens.

How much does a Lakewood wrongful death lawyer cost?

Levine Law handles Lakewood wrongful death claims on contingency, so the attorney fee depends on the outcome and comes from a percentage of any recovery. Filing fees and similar case costs aren’t part of the attorney fee, and the written fee agreement covers how they’re paid. Your first consultation costs nothing and stays confidential.

Talk to a Lakewood wrongful death lawyer today.

When you feel ready to talk, we can go over what happened, answer questions about standing and deadlines, and outline the options in front of your family. Levine Law is reachable day or night, and the first conversation is free.

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

Attorney Reviews and Office Information

This content has been reviewed by the attorneys at Levine Law for accuracy and compliance with Colorado law. Legal services are provided by attorneys licensed to practice in Colorado.

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

Colorado Springs Office
Levine Law LLC
102 S Tejon St #1100
Colorado Springs, CO 80903
Phone: (719) 642-6220

Other Cases We Handle in Lakewood

Wrongful death claims are one part of what we handle. Our other Lakewood practice areas include:

• Car Accidents
• Truck Accidents
• Motorcycle Accidents
• Bicycle Accidents
• Pedestrian Accidents
• Rideshare Accidents
• Slip & Fall Accidents
• Premises Liability
• Traumatic Brain Injuries
• Spinal Cord Injuries

This content is for informational purposes only and doesn’t constitute legal advice. Reading it doesn’t create an attorney-client relationship. Past results don’t guarantee future outcomes. Every case is evaluated on its own facts.