When a family member dies because of someone else's negligence on a Boulder road, property, or job site, Colorado law gives you the right to pursue compensation for lost income, funeral costs, and the loss of their companionship. We serve Boulder County families from our Denver office and prepare every case for trial. You pay nothing unless we win.
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When a death in Boulder County is caused by another party's negligence, the Colorado Wrongful Death Act lets surviving family members pursue civil compensation, separate from any criminal case and regardless of how the at-fault party is charged.
CGH Injury Lawyers represents Boulder County families from our Denver office at 2701 Lawrence St, Suite 201. We handle the standing analysis, the damages calculation, the insurer negotiations, and trial when an at-fault party refuses to be fair, with no upfront fees and a free, confidential consultation.
Why Boulder wrongful death cases are different
Losing a family member is devastating, and the legal system cannot reverse the loss. The Wrongful Death Act exists for a narrower purpose: to hold a negligent party accountable and to secure the financial stability a Boulder family needs to move forward. It covers funeral costs, replaces lost future income, and recognizes the loss of companionship.
Who has the right to file
Colorado law sets a strict order of who may bring a wrongful death lawsuit in Boulder County District Court and when. Getting this hierarchy right is essential, because filing out of turn can put a Boulder family's entire recovery at risk.
During the first year after the death, only the surviving spouse has the right to file a wrongful death claim in Boulder County. This exclusive standing exists even when there are adult children or parents who are also grieving. The spouse may choose to include other heirs, such as children, in the claim.
If the surviving spouse does not file within the first year, or there is no surviving spouse, the right passes to the deceased's children. In the second year, both the surviving spouse and the children may file in Boulder County District Court.
If there is no surviving spouse and no surviving children, the right to file a Boulder wrongful death claim passes to the deceased's parents.
Under HB 24-1472, siblings now have standing, but only when the deceased left no surviving spouse, no surviving children, and no surviving parents. This change closed a gap that previously left some single Boulder adults without recourse.
Because standing is time-sensitive and unforgiving, Boulder families should confirm who holds the right to file before the first year runs. We help you identify the correct claimant early, from our Denver office, so a procedural misstep never costs you the claim.
A strategic choice for Boulder families
Colorado offers a mechanism called solatium under C.R.S. 13-21-203.5. It lets a surviving spouse, and in some cases parents, elect a fixed statutory sum for grief and loss of companionship instead of proving those losses in front of a Boulder County jury.
Compensation
Colorado divides wrongful death damages into two categories. The distinction matters for Boulder families, because a statutory cap applies to one category and not the other.
Economic damages are not subject to a statutory cap. For Boulder families who lost a primary earner, these damages often form the largest part of the claim. Non-economic damages in a Colorado wrongful death case are capped at $2.125 million for claims accruing on or after January 1, 2025 (C.R.S. 13-21-203), with inflation adjustments starting in 2028, and the cap disappears entirely if the death resulted from a felonious killing. Lower caps apply to older claims and to medical malpractice deaths, so the date and type of claim matter. When a death results from gross negligence or willful and wanton conduct, punitive damages may also be available. We calculate the full value of every category before we ever talk settlement.
Two different Boulder claims
A single fatal incident in Boulder often gives rise to two separate legal claims. They serve different purposes and distribute funds differently, and they are frequently filed together in Boulder County District Court.
For the Boulder survivors
Brought by surviving family members to recover the losses they personally experienced, such as lost financial support and loss of companionship. The beneficiaries are the spouse, children, or parents, as defined by the First Year Rule.
For the estate
Brought on behalf of the deceased's estate to recover losses the deceased suffered before passing, such as pre-death medical bills at Boulder Community Health, lost wages between the injury and death, and the pain they endured. Proceeds are distributed under the will, or under Colorado intestacy law if there is no will.
Consider a Boulder cyclist struck by an impaired driver on US-36 near the Table Mesa interchange who survives for five days in the hospital before passing away. The pain endured during those five days belongs to the survival action. The loss of the next twenty-five years of income belongs to the wrongful death claim. Filed together in Boulder County District Court, the two claims pursue full recovery for both the family and the estate.
Cases we handle in Boulder County
Wrongful death claims arise whenever negligence, recklessness, or intentional misconduct causes a fatal outcome. These are the contexts we see most often in Boulder County.
US-36 from Denver to Boulder and the Foothills Parkway (CO-157) are high-speed commuting corridors where distracted driving, impaired driving, and failure to yield during merge have caused fatal collisions. Commercial trucking cases on the US-36 corridor may involve federal safety violations and corporate liability across multiple insurers.
The Pearl Street Mall pedestrian zone from 11th to 15th Streets draws dense foot traffic past dining, retail, and the historic Boulder County Courthouse. The 28th Street commercial corridor, carrying US-36 and CO-119 through the city, is Boulder's main shopping arterial. Pedestrian and cyclist fatalities on these corridors often involve commercial property owners or delivery drivers.
Boulder's active development corridor along 30th Street and north Boulder sees significant construction activity. Fatal falls, struck-by incidents, and trench collapses on Boulder job sites may give rise to both a workers' compensation death benefit claim and a separate third-party wrongful death action against a general contractor or equipment manufacturer.
Surgical errors, misdiagnosis, and medication mistakes at Boulder-area facilities can be fatal. These cases require expert testimony to establish the standard of care and how it was breached. Medical malpractice wrongful death claims are governed by a separate damages schedule under C.R.S. 13-21-203(1)(b), with caps that differ from general wrongful death claims.
Deaths caused by unsafe conditions on Boulder commercial and residential properties, including the shaded foothills-area streets near the Flatirons that hold winter ice longest, inadequate security at Pearl Street establishments, and pool drownings at rental properties near CU Boulder.
When a fatal crash involves an RTD bus or another government-operated vehicle, the claim is subject to the Colorado Governmental Immunity Act. CGIA claims require a written notice of claim within 182 days of discovery of the injury (C.R.S. 24-10-109) and are capped at $505,000 per person and $1,421,000 per occurrence for claims accruing on or after January 1, 2026 (C.R.S. 24-10-114).
What if my loved one shared some fault?
Insurers in Boulder wrongful death cases routinely try to inflate the deceased's share of fault to reduce or eliminate the recovery. Colorado's modified comparative negligence statute (C.R.S. 13-21-111) sets the rule.
Boulder ground we work on
Every wrongful death case is built on the specific people, roads, facilities, and courts involved. Here is the Boulder County context that shapes how we build your claim.
Trauma Care
After a fatal or near-fatal incident in Boulder County, critically injured victims are often transported to Boulder Community Health, Foothills Hospital at 4747 Arapahoe Avenue. The hospital describes itself as an American College of Surgeons verified Level II Trauma Center and the first designated Level II Trauma Center in Boulder County. The medical records generated there document the scope of injuries, the treatment timeline, and the costs that form the core of your wrongful death and survival action damages claims.
Courthouse
Wrongful death cases arising in Boulder County are filed in Boulder County District Court, 20th Judicial District, at the Boulder County Justice Center, 1777 6th Street, Boulder, CO 80302. Boulder civil procedure and Boulder County judges differ from the Denver metro courts where many statewide firms primarily practice. We file and litigate in Boulder County District Court directly, without referring your case to local counsel.
High-Risk Corridors
US-36 between Denver and Boulder is one of the most heavily traveled commuter routes on Colorado's Front Range. CO-119 (the Diagonal Highway) connects Boulder to Longmont and is a frequent site of high-speed intersection crashes. The Table Mesa Drive interchange at US-36 sees significant merge-conflict incidents. Fatal crashes on these corridors often involve commercial carriers, whose insurance structures require early investigation to identify every coverage layer available.
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After a Boulder recovery
When a settlement or verdict is reached in Boulder County, Colorado law requires a fair division among eligible survivors, but the statute does not set fixed percentages. That makes thoughtful handling of distribution important for Boulder families.
Disputes can arise between siblings over percentages, or between stepchildren and a stepparent. We often help Boulder families reach a consensus proposal before the Boulder County District Court hearing, which honors everyone's loss and avoids the added pain of a contested public proceeding.
Built for trial
CGH Injury Lawyers is a Colorado trial firm, founded in 2016 as Cheney Galluzzi and Howard. We serve Boulder County clients from our Denver office and prepare every wrongful death case as if it will go before a Boulder County jury, then negotiate from that strength. An insurer that knows we are ready for trial treats a family very differently.
Frequently asked questions
Colorado follows a strict hierarchy. In the first year after the death, only the surviving spouse may file a wrongful death claim in Boulder County District Court. In the second year, both the surviving spouse and the children may file. Parents may file only if there is no surviving spouse or children. Under HB 24-1472, siblings have standing only if the deceased left no surviving spouse, no children, and no parents. Our Boulder wrongful death attorneys can help you confirm whether you hold the right to file before the deadline passes.
The general deadline is two years from the date of death (C.R.S. 13-80-102). Strict exceptions apply. A claim against a government entity, such as the City of Boulder or RTD, requires a formal written notice of claim within 182 days after you discover the injury under the Colorado Governmental Immunity Act (C.R.S. 24-10-109). Missing that notice deadline bars the claim entirely. Because the standing hierarchy is also time-sensitive, Boulder families should consult an attorney as soon as possible.
Under Colorado's modified comparative fault rule (C.R.S. 13-21-111), surviving Boulder families can still recover as long as the deceased was less than 50 percent at fault. The total award is reduced by the percentage of fault attributed to the deceased. If the deceased was 50 percent or more at fault, the family is barred from recovery entirely. Insurers often inflate fault percentages on US-36 and Foothills Parkway crashes. We challenge those assessments with accident reconstruction experts and CDOT records.
Solatium (C.R.S. 13-21-203.5) is a fixed statutory payment a surviving spouse, and in some cases parents, can elect for grief and loss of companionship instead of proving those losses in front of a Boulder County jury. The current certified amount is $135,990 for claims accruing on or after January 1, 2024, and there will be no further adjustments to this figure. Boulder families often choose solatium as a privacy shield, because it avoids the invasive discovery that a traditional non-economic damages claim can invite. Electing solatium does not reduce economic damages, which remain recoverable and uncapped.
Economic damages, such as lost income, funeral costs, and medical bills incurred at Boulder Community Health, are not capped. Non-economic damages, such as grief and loss of companionship, are capped at $2.125 million for wrongful death claims accruing on or after January 1, 2025 (C.R.S. 13-21-203), with the cap disappearing entirely if the death resulted from a felonious killing. Medical malpractice wrongful death claims are subject to a separate, lower cap schedule. The cap that applies depends on when the fatal act or omission occurred, and we confirm the correct figure for every Boulder family we represent.
Claims against a government entity are governed by the Colorado Governmental Immunity Act. You must file a written notice of claim within 182 days after you discover the injury (C.R.S. 24-10-109), and this deadline is a jurisdictional prerequisite, meaning missing it permanently bars the claim. CGIA wrongful death recoveries are also capped at $505,000 per person and $1,421,000 per occurrence for claims accruing on or after January 1, 2026 (C.R.S. 24-10-114). Contact us immediately if a government vehicle may have been involved.
CGH Injury Lawyers serves Boulder County clients from our Denver office at 2701 Lawrence St, Suite 201, Denver, CO 80205. We file and litigate in Boulder County District Court directly, attend hearings in the 20th Judicial District, and travel throughout Boulder County to meet with families when needed. You do not need a Boulder office address to get experienced, locally-focused wrongful death representation.
A wrongful death claim is brought by surviving Boulder family members for the losses they personally experienced, such as lost income and loss of companionship. A survival action is brought on behalf of the deceased's estate for losses the deceased suffered before passing, such as pre-death medical bills at Boulder Community Health, lost wages between the injury and death, and their pain and suffering. Both claims are frequently filed together in Boulder County District Court to pursue full recovery for the family and the estate.
It's More Than Money.
Free consultation. No fee unless we win. Serving Boulder County in English and Spanish from our Denver office.
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