Whiteford

Colorado · Wrongful death

Losing someone was not supposed to come with paperwork.

If you're reading this, something unthinkable has happened. This page won't pretend a legal claim is what matters most right now. It exists so that, when you're ready, you'll know what Colorado law provides for your family — without pressure and without hurry.

In the weeks after a death caused by someone else's choices, families describe the same strange split screen: grief on one side, and on the other an accumulating stack of practical matters no one feels able to face — insurance letters, bills, an employer calling, sometimes an adjuster expressing condolences and mentioning paperwork in the same breath.

Here is what we most want grieving families to know: you do not have to engage with any of it this week. The important protections in Colorado law do not evaporate in a month. What deserves gentle attention at some point — not today — is that filing windows do exist, they vary with the circumstances, and a conversation well before they close keeps every option open while asking nothing of you.

What Colorado law provides — in one calm paragraph

Colorado's wrongful-death law allows certain family members — in an order the statute sets out, recently expanded to include siblings in some circumstances — to bring a claim for both the financial losses a death causes and the profound human ones. The 2025 changes to Colorado law raised what may be recovered for those human losses substantially; the specifics are summarized further down this page. A claim cannot restore anything. What it can do is provide security, accountability, and — many families tell us — an official record that what happened mattered.

When a family is ready, the work should be carried by people who do it with seriousness and care: preserving the evidence gently but early, dealing with insurers so the family doesn't have to, and preparing thoroughly enough that a fair resolution doesn't require a courtroom — while being fully ready for one if it does.

When you're ready — and only then — we're here for an unhurried conversation.

Free and confidential. Educational only — not legal advice, not a valuation, no attorney–client relationship created.

Colorado law, current

What changed for Colorado injury claims in 2025

$1.5M

Higher cap on non-economic damages

For most Colorado tort cases filed on or after January 1, 2025, HB24-1472 raised the cap on non-economic damages (pain, suffering, loss of enjoyment) to $1,500,000 — adjusted for inflation every two years beginning in 2028. Economic damages such as medical bills and lost income are generally not capped.

$2.125M

Wrongful-death non-economic cap

The same law raised the non-economic cap in wrongful-death actions to $2,125,000 and, for the first time, allows siblings of the deceased to bring wrongful-death claims in certain circumstances. Medical-liability cases follow separate, phased caps.

2–3 yrs

Deadlines still apply — and vary

Colorado's filing deadlines are unforgiving: generally two years for most injury claims and three years for motor-vehicle claims, with much shorter notice windows (182 days) for claims against government entities. Exceptions exist in both directions — confirm your specific deadline with an attorney promptly.

Sources: Colorado HB24-1472 (2024); C.R.S. §§ 13-21-102.5, 13-21-203, 13-80-101 et seq., 24-10-109. This summary is general information, not legal advice; amounts are subject to statutory adjustment and case-specific exceptions.

Not another "free consultation"

The Claim Game Plan Session

30 minutes with our Colorado team. You leave with a plan — whether or not you hire us.

You pay no fee unless we recover for you.

Contingency-fee representation for injury cases — fee structure and any case costs explained clearly, in writing, before you sign anything.

Your deadline check

Exactly which Colorado filing deadlines apply to your claim type — and how much runway you actually have.

Evidence-preservation checklist

What to save, photograph, and request right now for your specific incident type, before it disappears.

A straight answer

Whether your case actually needs a lawyer. If you'd do fine on your own, we'll tell you so — for free.

The insurer-conversation briefing

What recorded statements do, what adjusters listen for, and how people accidentally shrink their own claims.

You leave with all four — whether or not you ever hire us. No pressure, no obligation, no fine print.

Your legal team

A Denver front door. A national trial platform.

Whiteford Mountain West pairs Colorado-based leadership with the trial depth of Whiteford's full national litigation platform — so serious cases get serious resources.

Jeffrey R. Schell, Managing Director, Whiteford Mountain West

Jeffrey R. Schell

Managing Director, Whiteford Mountain West

Denver, Colorado

Jeff Schell is a Denver-based partner at Whiteford and the Managing Director of Whiteford Mountain West. A Colorado attorney, he was named one of ColoradoBiz Magazine's 25 Most Influential Young Professionals in Colorado.

Masten Childers III, Partner · Trial Counsel, Personal Injury & Catastrophic Harm

Masten Childers III

Partner · Trial Counsel, Personal Injury & Catastrophic Harm

Whiteford national trial platform

Masten Childers III chairs Whiteford's Kentucky litigation practice and has been described as one of Kentucky's most formidable and versatile trial attorneys, with experience across state, federal, and appellate courts.

Paul M. Nussbaum, Partner · Senior Litigation Counsel

Paul M. Nussbaum

Partner · Senior Litigation Counsel

Whiteford national platform

Paul Nussbaum co-chairs Whiteford's Business Solutions, Restructuring & Financial Litigation section and co-manages the firm's New York City office, with decades of experience in high-stakes litigation involving multi-billion-dollar enterprises.

Attorneys are admitted in the jurisdictions listed in their official firm profiles. Colorado matters are led through Whiteford's Colorado-admitted attorneys; additional firm trial counsel appear in Colorado courts pro hac vice where appropriate and permitted.