Colorado Wrongful Death Attorney

Serving Denver, Aurora, Pueblo & Colorado Springs for Over 40 Years

There is nothing more painful than losing a loved one in a tragic accident. In the blink of an eye, your entire future is turned upside down. You may suddenly find yourself facing financial hardships as well. Even while you are still grieving the loss of your loved one, creditors and bill collectors begin circling. During this emotional and painful time, you need a law firm on your side who can help you protect your future, so you can begin to heal. While no amount of compensation could ever replace your loss, you and your family do not deserve to struggle financially because of another person’s negligence.

Experiencing the death of a loved one due to negligence is devastating. Each case is so different, there’s no way your experience of losing your loved one is like any another. Our client, Carol Jesmer, graciously agreed to share her story, and how working with McDivitt Law Firm on her husband’s wrongful death case helped her get through an extremely difficult time.

Do I need to Hire an Attorney?

Proving your case is difficult and without an experienced wrongful death attorney on your side, it can be downright impossible. You need a wrongful death lawyer to fight aggressively for you and your family. When you are grieving, dealing with insurance companies, creditors, and legal actions can be overwhelming and scary. Your lawyer will review your case, investigate the incident closely, negotiate with insurance companies, file necessary legal motions, and ensure that you do not miss critical deadlines.

Why Choose Us?

At McDivitt Law Firm, we know that you need compassionate legal guidance during this difficult time. We protect you and your family throughout the legal process and work tirelessly to safeguard your future. We have been a trusted law firm for Colorado families for over 40 years and we can help you.

“My attorney is very personable, exceptionally knowledgeable, and most importantly, he does what he says he will. A pleasure to work with. I highly recommend him.” James S.

What is Wrongful Death?

When a loved one has been killed due to another party’s negligence or intentional acts, surviving family members may be eligible to file a wrongful death lawsuit. In order to win a wrongful death lawsuit, however, your lawyer must establish several key elements, including:

  • Breach of Duty – You must establish that the defending party owed your loved one a duty of care and breached that duty. Motorists, for example, owe a duty to everyone on the road to drive safely and responsibly and obey traffic laws.
  • Causation – Your lawyer must also clearly establish that the defending party’s actions directly caused your loved one’s death. Proving causation can be difficult in some cases, such as defective products, medical malpractice, or dangerous drugs.
  • Damages – The death of your loved one must have caused actual damages such as hospital bills, burial costs, loss of income, and loss of companionship.

A wrongful death lawsuit can be filed after any tragic accident that was caused by another person or entity’s negligence.

The most common causes of wrongful death include:

Who Can File a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit in the state of Colorado. Unlike criminal lawsuits, which seek to punish the criminal party, a civil lawsuit seeks to award damages to the individuals or family members who have suffered because of another person’s negligence. Unlike other types of civil lawsuits, however, a wrongful death lawsuit is only brought by the surviving family members of the deceased.

The state of Colorado has strict guidelines for who can file a wrongful death claim and the time limits they have to file that claim.

  • First Year after Death – Only the surviving spouse is able to file a lawsuit the first year after the death of a loved one
  • Second Year after Death – In the second year following the death of a loved one, the surviving spouse or any surviving children are able to file a wrongful death claim. If there is no spouse or children, then the deceased’s parents are able to file a lawsuit in second year.

You Deserve Fair Compensation

While no amount of compensation can ever replace the loss of your loved one, you and your family should not have to shoulder unnecessary financial burdens while you are grieving. Putting your life back together again is difficult after a tragedy. Dealing with rising medical costs, burial expenses, and the loss of income can put unthinkable strain on already struggling families. Fortunately, Colorado law allows for surviving family members to recover both economic and non-economic damages after the death of a loved one. Some of those damages include:

  • Economic damages

    • Medical expenses
    • Burial costs
    • Loss of earnings
    • Loss of future earnings
  • Non-economic damages

    • Pain and suffering
    • Emotional distress
    • Loss of parental guidance
    • Loss of companionship

In some cases, courts may award exemplary damages or punitive damages in order to punish the responsible party. This is often awarded when the conduct of the responsible party was intentional or showed a disregard for life.

Wrongful Death Frequently Asked Questions


  1. How long do I have to file a wrongful death claim? In the state of Colorado, surviving family members only have two years from the date of death to file a claim. This is known as a statute of limitations. If you miss this deadline, you will be unable to pursue your claim and collect the compensation you need.
  2. How can I prove my case? Wrongful death cases are complex and require extensive investigation. Your attorney can review the details of your case and gather the evidence needed to win. Without an attorney on your side, however, you may be unable to prove fault and liability.
  3. When should I call a wrongful death attorney? The sooner you contact a Colorado wrongful death attorney the better. A wrongful death attorney can gather the evidence you need after a devastating accident. Unfortunately, valuable evidence is often lost or destroyed if surviving families don’t act quickly.
  4. Are Colorado wrongful death laws different from other state laws? Yes. Every state has specific wrongful death laws that vary. This is why it’s important to retain the services of a lawyer with and thorough knowledge of Colorado’s unique wrongful death laws.

Wrongful Death Lawsuit Results and Case Studies

For over 40 years, McDivitt Law Firm has been assisting grieving families throughout the state of Colorado after the loss of a loved one. From them moment you call us, we will begin fighting aggressively for you and your family. We believe in holding negligent and reckless individuals, companies, and entities responsible for their actions and we work tirelessly to protect you and your family during this time. Our law firm has the resources and skills needed to help you obtain the money you need to help your family move forward after such a tragedy. Our lawyers will compassionately guide you through the process and protect you every step of the way.

Colorado Wrongful Death AttorneyWe’re There When You Need Us

Losing a family member due to another person’s negligence is unthinkable. During this time, you need a law firm on your side who can offer you compassionate yet aggressive legal counsel every step of the way. Contact McDivitt Law Firm in Denver, Aurora, Colorado Springs, Northern Colorado Springs or Pueblo as early in the process as possible. We offer a free consultation and review of your case, so we can discuss your legal options.

From the Wrongful Death Blog

Browse the latest news & articles from the McDivitt Legal Team

Quick Guide on Colorado Wrongful Death Caps


Wrongful death is a civil claim brought against a party who is liable for losses caused by the death of a loved one. This type of action is brought by a survivi…

Read More

Quick Guide: The Difference between Wrongful Death and Homicide


If you happened to catch the FX series, The People v. O.J Simpson: American Crime Story, you were probably reminded, or even learned, that O.J. Simpson was not…

Read More

The Dangers of 4 Commonly Prescribed Drugs


Prescription medications: you see the ads on T.V. all the time, or you may have even been prescribed a few. However, many drugs while FDA approved, still have s…

Read More
View All Posts