Denver Wrongful Death Attorney
Request Free ConsultationThe preventable death of a loved one is a traumatic and shattering loss. When this tragedy occurs because of another’s negligence or recklessness, the injustice can feel unbearable. While no amount of money can replace your family member, a wrongful death claim can provide a measure of justice and financial stability for your future.
The first step is speaking with a caring Denver wrongful death attorney who can help you hold the responsible parties accountable.
At Fuicelli & Lee Injury Lawyers, we provide compassionate and determined legal guidance to families struggling with a devastating loss. We are a team of personal injury lawyers dedicated to pursuing full, fair, and complete compensation for every client. Our firm can help you seek justice for your loved one and your family during this incredibly challenging time.
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Why Choose Fuicelli & Lee for Your Wrongful Death Case?
When you are mourning a devastating loss, choosing a law firm to represent your family is a significant decision. Who Can File a Wrongful Death Claim is an important question to address early on. You need a team that not only has a deep familiarity with Colorado law but also possesses the trial-tested tenacity to see your case through.
Fuicelli & Lee is a boutique law firm that measures success not by the volume of cases we handle, but by the meaningful difference we make in the lives of our clients.
We are dedicated trial lawyers with proven results
Many personal injury firms are primarily focused on settling cases quickly, which may not always be in your best interest. They may be intimidated to go to trial and lack the courtroom experience needed to win. Fuicelli & Lee is different.
The attorneys in our firm possess decades of combined trial experience and skill. We prepare every wrongful death case as if it will go to court. This approach, along with our trial readiness, sends a clear message to insurance companies that we will not back down from fighting for the fair compensation your family deserves.
Our client-centered approach puts your family first
We intentionally limit our caseload to ensure that every client receives our undivided attention and support. Your family will never be just another case file number. We provide clear and consistent communication with timely updates so you always know the status of your wrongful death claim.
We strive for 100% client satisfaction. Our commitment to our clients is reflected in our client testimonials, our 5-star Google ratings, and our statewide reputation for integrity.
We have a personal perspective on catastrophic loss
Our firm’s passion for helping those who have suffered catastrophic injuries is deeply personal. Founding partner Keith Fuicelli is a brain injury survivor himself. He has a unique and genuine empathy for what our clients endure because he has lived it and came out on top.
This personal experience fuels our firm’s commitment to providing not only aggressive legal representation but also truly compassionate support. We are proud supporters of the Brain Injury Alliance of Colorado, giving back to a community that is personally important to us.
You won’t pay us anything unless we win your case
We believe everyone should have access to top-performing legal help regardless of their financial situation. What Legal Actions can you take after a loss? That is why we work on a contingency fee basis. You incur no expenses and pay only if we successfully resolve your case. That’s our no-win, no-fee guarantee.
Key Takeaways in a Denver Wrongful Death Claim
When a person’s death is caused by the wrongful act or negligence of another, their surviving family members may be able to file a wrongful death lawsuit. Here are some key points about these claims in Colorado:
- A wrongful death occurs when someone dies due to the negligence, recklessness, or intentional misconduct of another person or entity.
- The core of a wrongful death case is proving that the at-fault party acted negligently or recklessly.
- Wrongful death claims arise from various situations, including motor vehicle accidents, unsafe property conditions, and construction accidents.
- Eligible surviving family members, such as a spouse, children, or designated beneficiary, can file a claim to recover damages.
- An experienced Denver wrongful death lawyer can build a strong case to secure maximum financial compensation for your family.
What Is a Wrongful Death Claim in Colorado?
A wrongful death claim is a civil lawsuit filed when a person dies as a direct result of another party’s negligent, reckless, or wrongful act. Essentially, if the deceased person could have filed a personal injury claim for their injuries had they survived, their surviving family members can now file a wrongful death action to recover damages.
To have a valid wrongful death case, the claimant must prove that another’s negligence caused the death. This requires establishing four key elements:
- Duty of Care: The at-fault party owed the deceased a legal duty to act with reasonable care. For example, all drivers are required by law to operate their vehicles safely.
- Breach of Duty: The defendant failed to meet that duty of care.
- Causation: The defendant’s breach of duty was the direct and primary cause of your loved one’s death.
- Damages: The death resulted in tangible and intangible losses to the surviving family members.
Your attorney will gather evidence, such as accident reports, witness statements, and expert testimony, to establish these elements and build a compelling case for fair compensation.
Common Causes of Wrongful Death in Denver
A fatal accident can happen in many different circumstances. When another party’s negligence caused the death, your family has the right to file a wrongful death claim. How Much Is a Wrongful Death Lawsuit will depend on the specifics surrounding your loved one’s death and will shape the legal strategy for your case. Fuicelli & Lee handles complex claims arising from various tragic events.
Car Accidents
A car accident can become a wrongful death case when a driver’s negligence, such as speeding, distracted driving, or running a red light, results in a fatality. We investigate these crashes to hold the at-fault driver fully accountable for the loss they have caused.
Truck Accidents
Commercial truck accidents are often catastrophic due to the immense size and weight of the vehicles involved. These wrongful death claims are particularly complex, often involving federal regulations, company negligence, and multiple liable parties. Our attorneys have the experience to take on these challenging cases.
Motorcycle Accidents
Motorcyclists have little protection on the road, and a collision frequently results in fatal injuries. We represent families who have lost a loved one because other drivers failed to see a motorcyclist, made an unsafe lane change, or were otherwise careless.
Pedestrian Accidents
Pedestrians are extremely vulnerable to catastrophic injuries when struck by a vehicle. A wrongful death claim may arise when a driver is distracted, fails to yield the right-of-way at a crosswalk, or is speeding through a residential neighborhood, causing a fatal accident.
Bicycle Accidents
Bicyclists have a right to share the road, but negligent drivers often endanger them. We represent families who have lost a loved one after a driver made an unsafe lane change, failed to check a blind spot, or drove aggressively, leading to a deadly bicycle crash.
Rideshare Accidents
Fatal accidents involving rideshare vehicles from companies like Uber and Lyft involve complex insurance policies and corporate liability. Our attorneys investigate these cases to determine all responsible parties, from the negligent driver to the rideshare company itself, to pursue justice for your family.
Drunk Driving Accidents
Losing a family member to a drunk driver is a senseless and preventable tragedy. These wrongful death cases involve a level of recklessness that demands accountability. We are committed to fighting for families devastated by an impaired driver’s criminal decision to get behind the wheel.
Premises Liability
Property owners and managers have a legal obligation to maintain safe premises. A wrongful death can occur from a fatal slip and fall on an icy walkway, a drowning in an unsecured pool, a structural failure due to poor maintenance, or a violent crime that happens because of negligent security.
Construction Accidents
Construction sites are inherently dangerous, and when safety protocols are ignored, the consequences can be fatal. These wrongful death cases can involve falls from heights, equipment malfunctions, or being struck by objects, with liability potentially resting with property owners, general contractors, or equipment manufacturers.
Defective Products
When a person is killed by a dangerously defective product, the manufacturer, distributor, or designer can be held liable. A wrongful death claim may be based on a product’s faulty design, a manufacturing flaw, or a failure to warn consumers of the risks.
Who Can File a Wrongful Death Claim in Colorado?
Colorado’s House Bill 1472, effective January 1, 2025, substantially increased damage caps on wrongful death claims while broadening who is eligible to pursue a wrongful death action. Accident Claim Process is more accessible under the updated law, and the following individuals have standing:
- Spouse of the deceased, or the spouse and children together if the spouse gives written consent
- Children or other heirs, with the surviving spouse’s signed election or alone if no spouse survives
- Designated beneficiary, if named in a valid will or beneficiary designation
- Parents of the deceased, but only when there is no surviving spouse, children, or beneficiary
- Siblings and siblings’ heirs, introduced by HB 1472 to ensure more distant family members can seek justice, but only when there is no surviving spouse, children, or designated beneficiary, or if those primary claimants formally waive their right to file.
Pursuing Full, Fair, and Complete Compensation
A wrongful death lawsuit aims to secure the resources your family needs to move forward after a devastating loss. Damages cover both the measurable financial burdens and the deep emotional harm your family endures. Recent changes under Colorado House Bill 1472 took effect on January 1, 2025, providing for greater recovery of non-economic and punitive damages in wrongful death cases.
Economic damages
These reimburse out-of-pocket expenses and lost financial support, including:
- Medical and funeral expenses
- Lost wages and benefits the deceased would have earned
- Loss of other financial support the decedent would have provided
- Property damage, when applicable
Non-economic damages
These address the family’s emotional and relational losses. Under HB 1472, the previous $598,000 cap on non-economic awards in wrongful death cases increases to $2,125,000, and the cap no longer applies to felonious killings (e.g., murder or manslaughter). Recoverable non-economic losses may include:
- Grief, sorrow, and mental anguish
- Loss of companionship, guidance, and comfort
Punitive damages
When a defendant’s conduct is especially reckless or malicious, such as impaired driving, HB 1472 expands the availability of punitive awards designed to punish and deter. These damages go beyond compensation, holding wrongdoers accountable for willful or wanton behavior.
Frequently Asked Questions About Denver Wrongful Death Claims
It is natural to have many questions after the unexpected death of a family member. Here are answers to some common concerns.
What is the deadline for filing a wrongful death claim in Denver?
You have two years from the date of death for most wrongful death cases. If your loved one died in a motor vehicle accident—car, truck or motorcycle—you have three years under Colorado’s statute of limitations. Missing these deadlines typically ends your right to sue.
What if the deceased was partly at fault for the accident?
Colorado applies a modified comparative negligence rule (C.R.S. § 13-21-111) to wrongful death claims. If the court finds your loved one bore some responsibility for the accident, any award is reduced by their percentage of fault.
Can surviving family members recover for lost inheritance?
Yes. Economic damages include the loss of expected inheritance and financial support the deceased would have provided.
What if the liable party had no insurance or limited policy limits?
We explore all available avenues—uninsured/underinsured motorist coverage, third-party claims, and, when warranted, punitive damages—to maximize your recovery.
Do I have to go to court?
Many wrongful death cases are resolved through settlement, but we prepare every claim as if it will go before a jury. That level of readiness often motivates insurers to offer fair compensation without the need for a trial.
How long will my case take?
Timelines vary depending on the case complexity, court schedules, and other factors. Many wrongful death cases resolve in 12–24 months, and some may take longer.
Obtain Full, Fair, and Complete Compensation. Contact Fuicelli & Lee Today
Losing a loved one is one of the most difficult experiences a family can face. When that loss was preventable, the legal process may seem like an added burden. At Fuicelli & Lee, we are here to provide the relief we can by handling every aspect of your wrongful death case with compassion and resolve. Our goal is to secure the justice and financial support your family needs to move forward.
If your family has suffered a devastating loss, contact the Denver wrongful death attorneys at Fuicelli & Lee Injury Lawyers for a free and confidential consultation. We are here to answer your questions and stand by your side. Call us today at (303) 444-4444 or fill out our online contact form to learn how we can help. If you are an attorney with a strong but difficult wrongful death case, we also welcome co-counsel inquiries.