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US 36 Denver-Boulder Turnpike near Broomfield, Colorado. CGH Injury Lawyers represents families who lost a loved one to negligence in Broomfield.
Broomfield, Colorado

Broomfield Wrongful Death Lawyers Who Fight for Families After a Fatal Act of Negligence

When a Broomfield family loses someone because of another party's negligence, the Colorado Wrongful Death Act gives surviving spouses, children, and parents the right to hold that party accountable. We handle the standing analysis, the insurer negotiations, and trial in Broomfield Combined Courts when necessary. No fee unless we win.

No fee unless we win
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  • The Colorado Wrongful Death Act is codified at C.R.S. 13-21-201 through 13-21-204. It defines who may sue, what damages are recoverable, and the deadlines families must meet.
  • Who may file follows a strict standing hierarchy. In the first year after the death, only the surviving spouse has the right to file. The right passes to children in year two, and to parents if no spouse or children survive.
  • The general deadline to file a Colorado wrongful death claim is two years from the date of death (C.R.S. 13-80-102). If a government entity was involved, a 182-day notice requirement applies (C.R.S. 24-10-109(1)).

When a Broomfield family loses a loved one to someone else's negligence, a wrongful death claim will not undo that loss. What it can do is hold the responsible party accountable and secure the financial stability your family needs to move forward. CGH Injury Lawyers serves Broomfield from our Denver office and handles wrongful death cases in Broomfield Combined Courts, the 17th Judicial District. We carry the standing analysis, the damages calculation, the insurer negotiations, and trial when a settlement offer is not fair. You pay nothing unless we recover for you.

The law that governs your case

Colorado Wrongful Death Act decoded for Broomfield families

The Colorado Wrongful Death Act, C.R.S. 13-21-201 through 13-21-204, is a civil statute separate from any criminal process. It lets surviving family members pursue compensation when a death results from negligence, recklessness, or intentional misconduct. The act defines who holds the right to file, what compensation is available, and the deadlines that govern Broomfield cases.

Civil accountability, separate from criminal charges

  • A wrongful death claim is a civil action. It can move forward even if the person who caused the death is never charged with a crime, or is acquitted in criminal court.
  • Civil cases use a lower burden of proof: a preponderance of the evidence, meaning it is more likely than not that the defendant's negligence caused the death. The family controls whether to settle or go to trial.
  • Criminal proceedings focus on punishment and require proof beyond a reasonable doubt. The family has limited control over how those proceedings unfold and does not receive compensation through them.
Who has the right to file

The First Year Rule: who can file a Broomfield wrongful death claim

Colorado law sets a strict order of who may bring a wrongful death lawsuit and when. Filing out of turn or missing the window can put the family's recovery at risk. We confirm standing early so no procedural error costs you the claim.

  1. Year one: the surviving spouse

    During the first year after the death, only the surviving spouse has the right to file. This exclusive standing exists even when adult children or parents are also grieving. The spouse may choose to include other heirs, such as children, in the claim.

  2. Year two: children and heirs

    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.

  3. Parents, when there is no spouse or child

    If there is no surviving spouse and no surviving children, the right to file passes to the deceased's parents.

  4. Siblings, under the 2024 update

    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 adults without a path to recovery.

Because standing is both time-sensitive and unforgiving, Broomfield families should confirm who holds the right to file before the first year passes. We help you identify the correct claimant in the free consultation so that a procedural question never threatens the claim itself.

Local knowledge

Broomfield roads. Broomfield courts. Broomfield trauma care.

A Broomfield wrongful death case has a local dimension: the roads and locations where the fatal incident happened, the trauma center that provided care, the courthouse where the case may be filed, and the law enforcement agency that wrote the report. Here is the ground we work on.

High-Risk Corridors

US 36, Northwest Parkway, SH 121 (Wadsworth Blvd), and I-25

US 36, the Denver-Boulder Turnpike, is the dominant commuter artery through Broomfield and a corridor where fatal crashes have occurred, including documented incidents involving black ice near Church Ranch Boulevard. The Northwest Parkway is a 9.05-mile limited-access toll road with both termini in Broomfield; a fatal and serious-injury crash at the southbound I-25 to southbound E-470 ramp was documented in April 2024. SH 121 (Wadsworth Boulevard) and 120th Avenue are flagged in Broomfield's Transportation Plan as high-crash intersections. I-25 and US 87 form Broomfield's eastern boundary and carry heavy freight volume. When a fatal incident on any of these corridors forms the basis of a wrongful death claim, we preserve the physical evidence, obtain law enforcement reports, and reconstruct the sequence of events before critical data is lost.

Trauma Care

Two Level II Trauma Centers serving Broomfield

Broomfield is served by two CDPHE-designated Level II Trauma Centers: Intermountain Health Good Samaritan Hospital and Intermountain Health Lutheran Hospital, which achieved its Level II designation from CDPHE in June 2021. Both facilities are proximate to the US 36 and I-25 corridors. In wrongful death cases, the records generated between the fatal injury and the death document the pre-death medical expenses, the pain and suffering the deceased endured, and the cause-of-death determination. These records support both the wrongful death claim and any companion survival action we file on behalf of the estate.

Courthouse

Broomfield Combined Courts, 17th Judicial District

Broomfield is Colorado's 64th county, a consolidated city-county. Wrongful death cases arising in Broomfield are filed in Broomfield Combined Courts at 17 Descombes Drive, Broomfield, CO 80020, in the 17th Judicial District. Local procedure, the jury pool, and opposing counsel in the 17th Judicial District are distinct from surrounding counties. CGH Injury Lawyers handles Broomfield Combined Court cases directly from our Denver office, which is minutes from Broomfield via US 36.

Responding Agency

Broomfield Police Department and Colorado State Patrol

The Broomfield Police Department is the primary law enforcement agency for incidents within city limits. The Colorado State Patrol responds to incidents on state highways including US 36, I-25, and the Northwest Parkway. In a fatal incident, the responding agency's report and any supplemental investigation documents are among the first materials we obtain, because they contain the officer's observations, the initial cause-of-death investigation, and any citations or charges issued.

A strategic choice

The solatium election: a guaranteed payment for grief

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 jury.

  • Solatium is a guaranteed flat-rate payment. For claims accruing on or after January 1, 2024, the certified amount is $135,990 (C.R.S. 13-21-203.5, as adjusted and certified by the Colorado Secretary of State), paid in addition to economic damages once liability is established.
  • Electing solatium can act as a privacy shield. A traditional non-economic damages claim allows the defense to investigate the quality of the relationship through invasive depositions and subpoenas of private communications. Solatium lets a Broomfield family bypass that process.
  • Electing solatium does not limit economic damages. Lost income, medical bills incurred before death, funeral and burial costs, and loss of household services all remain recoverable and are not capped.

Whether to elect solatium or pursue full non-economic damages at trial is a strategic decision that depends on the strength of the relationship evidence, the invasiveness of the anticipated defense, and the available insurance limits. We explain both paths and their tradeoffs in the free consultation so your family can make an informed choice.

Compensation

What compensation can a Broomfield wrongful death claim recover?

Colorado divides wrongful death damages into two categories. The distinction matters because a statutory cap applies to one category and not the other, and the applicable cap depends on when the claim accrued.

Economic damages (not capped)

  • Net pecuniary loss: the future income and benefits the deceased would have provided
  • Medical expenses incurred between the fatal injury and the death
  • Funeral and burial costs
  • Loss of household services, including childcare and home maintenance the deceased provided

Non-economic damages (capped)

  • Grief and emotional suffering
  • Loss of companionship
  • Loss of consortium
  • Pain and suffering of the survivors

Economic damages are not subject to any statutory cap and often form the largest part of the claim when the deceased was a primary earner. 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 beginning in 2028. The cap disappears entirely if the death resulted from a felonious killing. Lower caps apply to claims that accrued before January 1, 2025, and to deaths caused by medical malpractice, so the date and type of claim matter. When the 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 discuss settlement.

Two different claims

Wrongful death claim vs. survival action

A single fatal incident in Broomfield often gives rise to two separate legal claims. They serve different purposes and distribute funds differently, and they are frequently filed together.

For the survivors

The wrongful death claim

Brought by surviving family members to recover the losses they personally experienced: lost financial support, loss of companionship, grief, and loss of consortium. The beneficiaries are the spouse, children, or parents as defined by the First Year Rule.

For the estate

The survival action

Brought on behalf of the deceased's estate to recover losses the deceased suffered before passing: pre-death medical bills, lost wages between injury and death, and the pain the deceased endured. Proceeds are distributed under the will, or under Colorado intestacy law if there is no will.

Consider a victim who survives a Broomfield crash for several days in the hospital before passing away. The pain and suffering endured during that time, and the wages lost in those final days, belong to the survival action. The loss of the future income the family depended on belongs to the wrongful death claim. Filed together, the two claims pursue full recovery for both the family and the estate. We assess whether both claims apply in every Broomfield case before any demand is sent.

How we work your case

How CGH handles a Broomfield wrongful death claim

A Broomfield wrongful death case moves through several stages, from a free family evaluation to trial in Broomfield Combined Courts when an insurer or at-fault party refuses to be fair. Most cases settle, but we prepare every case as if it will be tried.

  1. Free family evaluation

    We review the facts, confirm who holds the right to file under the First Year Rule, explain what the Colorado Wrongful Death Act covers, and tell you honestly whether we believe a viable claim exists. No charge. No obligation.

  2. Evidence preservation

    We obtain the Broomfield Police Department or Colorado State Patrol report, preserve surveillance footage from corridors like US 36 and Wadsworth Boulevard, secure witness statements, and request data from any vehicles involved before it is overwritten or lost.

  3. Medical and economic documentation

    We work from records at Intermountain Health Good Samaritan, Intermountain Health Lutheran, or wherever the deceased received care. We document the pre-death expenses, the cause of death, and the full economic loss to the family, including future income and household services.

  4. Standing and solatium analysis

    We confirm who holds the right to file under the First Year Rule, identify every eligible heir, and advise the family on whether electing solatium or pursuing full non-economic damages at trial is the better path given the specific facts.

  5. Demand and negotiation

    We calculate the full value of every economic and non-economic category, including any available survival action, and send a documented demand to the at-fault insurer. We negotiate from trial readiness, not from willingness to accept the first offer.

  6. Filing suit and trial if needed

    When an insurer will not offer what the claim is worth, we file in Broomfield Combined Courts, 17th Judicial District, and take the case to a Broomfield jury. Managing Partner Kevin Cheney is an ABOTA member who has tried over 25 cases to verdict.

Defense tactics

Defenses at-fault parties use in Broomfield wrongful death cases, and how we answer them

Insurers and defense attorneys raise predictable arguments in wrongful death cases. Knowing those arguments and how we counter them protects the claim from the first call through trial.

  1. "The deceased was partly at fault"

    Under Colorado's modified comparative fault rule (C.R.S. 13-21-111), survivors can still recover as long as the deceased was less than 50 percent at fault. The total award is reduced by the deceased's percentage of fault. Insurers routinely try to inflate that percentage to cut payouts. We challenge their assessment with police reports, scene reconstruction, witness statements, and expert analysis of the Broomfield corridors where the incident occurred.

  2. "The death was caused by a pre-existing condition, not our client"

    A pre-existing health condition does not bar a wrongful death claim if the negligent act was a substantial contributing cause of the death. We document the medical timeline using records from the treating facilities and, when necessary, medical experts who can show the progression from the negligent act to the fatal outcome.

  3. "You waited too long to file"

    The general deadline to file a Colorado wrongful death lawsuit is two years from the date of death (C.R.S. 13-80-102). If a government entity was involved, a 182-day written notice requirement applies (C.R.S. 24-10-109(1)). We track both deadlines and act before either window closes. Missing a government notice deadline can bar that portion of the claim even when the underlying facts are strong.

  4. "The family's damages are overstated"

    Insurers often challenge the economic loss calculation by disputing the deceased's future earning trajectory, discounting the value of household services, or contesting the financial dependence of the surviving family members. We retain forensic economists and vocational experts when the claim requires it to document the full scope of the family's loss.

One honest thing we will tell every Broomfield family before any case begins: if the facts of a death point to a defense that would genuinely bar recovery, we say so in the free review rather than accept the case and let it stall. When the law is on your side, we fight hard for accountability. When it is not, you deserve to hear that early, at no cost.

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Questions

Broomfield wrongful death, frequently asked questions

Who can file a wrongful death claim in Broomfield, Colorado?

Colorado follows a strict hierarchy. In the first year after the death, only the surviving spouse may file. 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. Confirming who holds the right to file is one of the first steps in a Broomfield wrongful death case, and we do that in the free consultation.

Where would a Broomfield wrongful death lawsuit be filed?

Wrongful death lawsuits arising in Broomfield are filed in Broomfield Combined Courts at 17 Descombes Drive, Broomfield, CO 80020, in the 17th Judicial District. Broomfield is Colorado's only consolidated city-county, and the Combined Courts handle district, county, and municipal matters in one building. Most wrongful death cases settle before a lawsuit is ever filed, but where the case would be filed affects local procedure and the jury pool. CGH Injury Lawyers handles Broomfield Combined Court cases directly from our Denver office, which is minutes from Broomfield via US 36.

How long do I have to file a wrongful death claim in Broomfield?

The general deadline to file a Colorado wrongful death lawsuit is two years from the date of death (C.R.S. 13-80-102). If a government entity, a Broomfield city vehicle, or a road or signal condition contributed to the death, you must also provide written notice within 182 days of discovering the injury (C.R.S. 24-10-109(1)). Because standing under the First Year Rule is also time-sensitive, consult an attorney as soon as possible after the death.

What if my loved one was partly at fault for the Broomfield incident?

Under Colorado's modified comparative fault rule (C.R.S. 13-21-111), the family can still recover as long as the deceased was less than 50 percent at fault. The total award is reduced by the deceased's percentage of fault. Insurers frequently try to inflate that percentage to reduce payouts. We use police reports, scene reconstruction, and witness statements to challenge assessments that overstate the deceased's share of fault.

What is solatium and should a Broomfield family elect it?

Solatium under 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 at trial. For claims accruing on or after January 1, 2024, the certified amount is $135,990. Families often choose it as a privacy shield, because it avoids the invasive discovery that a full non-economic damages claim can invite. Electing solatium does not reduce economic damages, which remain recoverable and are not capped. Whether it is the right election depends on the specific facts of the Broomfield case, and we explain both paths in the free consultation.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim is brought by surviving family members for the losses they personally suffered: lost income support, loss of companionship, and grief. A survival action is brought on behalf of the deceased's estate for losses the deceased suffered before passing, including pre-death medical expenses and wages lost between the injury and the death. Both claims may be filed together to pursue full recovery for the family and the estate. We assess whether both apply in every Broomfield case.

CGH Injury Lawyers is based in Denver. Can you handle a Broomfield wrongful death case?

Yes. CGH Injury Lawyers serves all of Broomfield County from our Denver office. We handle Broomfield Combined Court cases in the 17th Judicial District directly. Our Denver office is minutes from Broomfield via US 36. All cases are handled by licensed Colorado attorneys, not paralegals. Call (303) 209-9395 or submit your case online for a free, confidential review.

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