Colorado Springs Wrongful Death
When negligence on a Colorado Springs road, job site, or property kills someone you love, the Colorado Wrongful Death Act gives your family a civil path to accountability. CGH Injury Lawyers serves surviving spouses, children, and parents across El Paso County from our Denver office. You pay nothing unless we win your case.
No fee unless we winWhen a death in Colorado Springs is caused by another party's negligence, the Colorado Wrongful Death Act (C.R.S. 13-21-201 through 13-21-204) gives surviving family members the right to pursue civil compensation, separate from any criminal prosecution. Cases filed in El Paso County are heard in the 4th Judicial District Court at 270 S. Tejon Street, Colorado Springs.
CGH Injury Lawyers represents El Paso County families from our Denver office. We travel to meet Colorado Springs clients and appear in the 4th Judicial District when the case requires it. Free consultation. No upfront fees. No fee unless we win.
Why this case is different
A wrongful death claim cannot reverse your loss. What it can do is hold the at-fault party financially accountable, replace income your family depended on, cover funeral and burial costs, and recognize the depth of your grief with a legal remedy that no criminal prosecution provides. In Colorado Springs, wrongful death claims grow out of fatal crashes on I-25 and Powers Boulevard, construction-site deaths at Fort Carson and Peterson Space Force Base area projects, falls at commercial facilities in Briargate and Citadel Mall, and fatalities in medical facilities. Each case begins with one question: did someone else's negligence, recklessness, or intentional conduct cause this death?
Who has the right to file
Colorado law controls who holds the right to file a wrongful death claim and when. Filing out of turn, or allowing the wrong claimant to file, can put an El Paso County family's entire recovery at risk. Understanding the hierarchy early in the process is not optional.
During the first year after the death, only the surviving spouse has the right to file. This is true even when adult children, parents, or other family members are also grieving. The spouse may choose to include other heirs, such as children, in the claim, but that decision belongs to the spouse alone during year one.
If the surviving spouse has not filed by the end of year one, or if there is no surviving spouse, the right passes to the deceased's children. During the second year, both the surviving spouse and the children may file. The two-year statute of limitations (C.R.S. 13-80-102) means year two is the final window for most claims.
Parents of the deceased have standing to file only when there is no surviving spouse and no surviving children. A parent whose adult child died in a crash on US-24 in Colorado Springs, for example, must confirm no spouse or child exists before filing.
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 claimant who could hold a negligent party accountable.
Because standing is time-sensitive and the hierarchy is strictly applied, El Paso County families should confirm who holds the right to file before the first year runs. We identify the correct claimant at the free consultation stage so a procedural misstep never costs your family the claim.
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A strategic choice for surviving spouses
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 to a jury at the 4th Judicial District courthouse in Colorado Springs.
What your family can recover
Colorado divides wrongful death damages into two categories. A statutory cap applies to one, not the other. The date the claim accrued, the manner of death, and whether a government entity is involved all affect what your family can recover.
Economic damages are not subject to a statutory cap. For families who lost a primary earner, these damages frequently form the largest share of the claim. Non-economic damages in a Colorado wrongful death case are capped at $2,125,000 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 older claims and to medical malpractice wrongful death cases, 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 ever discuss settlement with an insurer.
Two different claims, often filed together
A single fatal event in Colorado Springs, whether a construction accident near Fort Carson or a collision on I-25, often generates two parallel legal claims. They serve different purposes and distribute funds differently. Filing both maximizes a family's total recovery.
For the survivors
Brought by surviving family members to recover losses they personally experienced: lost financial support, loss of companionship, and grief. The beneficiaries are the spouse, children, or parents, as defined by the First Year Rule hierarchy. The claim belongs to the living survivors.
For the estate
Brought on behalf of the deceased's estate to recover losses the deceased personally suffered before passing: pre-death medical bills at UCHealth Memorial, lost wages between the injury and the death, and the pain endured in the final days. Proceeds are distributed under the will, or under Colorado intestacy law if there is no will.
Consider a victim who survived a Powers Boulevard collision for one week before passing away at UCHealth Memorial Hospital North. The medical bills and the pain endured that week belong to the survival action. The loss of decades of future income belongs to the wrongful death claim. Filed together, the two claims pursue full recovery for both the family and the estate.
When the deceased shares some fault
Insurers routinely argue that the person who died shared responsibility for what happened. Colorado's modified comparative fault rule (C.R.S. 13-21-111) governs the outcome: a family can still recover as long as the deceased was less than 50 percent at fault. If the deceased was 50 percent or more at fault, the family recovers nothing. The total award is reduced proportionally by the percentage of fault attributed to the deceased.
Cases we handle for El Paso County families
Wrongful death claims arise whenever negligence, recklessness, or intentional misconduct causes a fatal outcome. These are the contexts we see most often in El Paso County.
Fatal collisions on I-25 through the Tejon Street interchange, US-24 heading toward Manitou Springs, and Powers Boulevard, a high-speed arterial with heavy commercial truck traffic, are among the most common wrongful death causes in El Paso County. Distracted driving, speeding, impaired driving, and failure to yield are the most frequent fault bases. Commercial trucking cases often add federal safety violation liability on top of the driver's negligence.
Construction and infrastructure work around Fort Carson, Peterson Space Force Base, and along the US-24 commercial corridor generates fatal injuries including falls from height, equipment strikes, and trench collapses. These cases may involve both workers' compensation death benefits and a separate third-party negligence claim against a contractor, subcontractor, or equipment manufacturer.
Deaths caused by unsafe property conditions at Briargate retail centers, Citadel Mall, Garden of the Gods (managed by the City of Colorado Springs), and other commercial or government properties. Negligent security, pool drowning, structural failures, and inadequate lighting can each give rise to a wrongful death claim. Government-property deaths trigger additional CGIA notice requirements.
Surgical errors, misdiagnosis, medication mistakes, and failure to monitor a patient at Colorado Springs medical facilities. Medical malpractice wrongful death claims are subject to a separate damages schedule under C.R.S. 13-21-203(1)(b) that is different from the general wrongful death cap. These cases require expert testimony to establish the standard of care and the deviation from it.
Deaths involving City of Colorado Springs vehicles, El Paso County road maintenance failures, or other public entities require the 182-day written notice to the government under C.R.S. 24-10-109(1) before a claim can proceed. If liability is established, CGIA caps limit recovery to $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(1)(b)).
If a loved one died because someone else was careless or reckless, we will evaluate honestly whether a wrongful death claim is available and who holds the right to file. We tell families early when the facts do not support a viable claim, because pursuing an unwinnable case costs time and emotional energy a grieving family cannot afford.
El Paso County context
CGH Injury Lawyers serves Colorado Springs from our Denver office at 2701 Lawrence Street, Suite 201. We travel to meet El Paso County clients, appear at the 4th Judicial District Court when the case requires it, and we know the local property landscape, road corridors, and government entities that appear in wrongful death cases here.
El Paso County wrongful death claims are filed in the 4th Judicial District Court, located at 270 S. Tejon Street, Colorado Springs, CO 80903. Claims against the City of Colorado Springs or El Paso County go through the same court after the mandatory 182-day CGIA notice process. Understanding the 4th Judicial District's case management expectations allows us to build a litigation schedule that serves your family rather than an insurer's delay strategy.
Fatal and near-fatal injuries in Colorado Springs most commonly route to UCHealth Memorial Hospital Central (a Level I Trauma Center), located on E. Boulder Street. UCHealth Memorial Hospital North on Briargate Parkway serves as a Level III Trauma Center. Medical records and billing from these facilities are central evidence in every wrongful death claim. We obtain and analyze these records early in the investigation process.
I-25 through the Colorado Springs metro, US-24 from downtown toward Manitou Springs and Woodland Park, and Powers Boulevard from Fountain to the north side see consistent fatal and serious-injury crash activity. We obtain CDOT crash records, traffic engineering studies, and commercial vehicle inspection data for cases on these corridors. Garden of the Gods, Pikes Peak, and the Cog Railway area add premises liability context for outdoor recreation fatalities.
Colorado Springs is home to Fort Carson, Peterson Space Force Base, and NORAD/USNORTHCOM. Deaths on federal installations, or involving federal government vehicles, fall outside the CGIA and require analysis under the Federal Tort Claims Act (FTCA). The procedural path for an FTCA claim differs from a state court wrongful death case, and the timelines are even shorter. We identify the governing framework at the first consultation so your family pursues the right claim in the right forum.
After a recovery
When a settlement or verdict is reached, Colorado law requires a fair division among eligible survivors, but the statute does not set fixed percentages. The court weighs the financial dependence of each survivor, the age and future needs of any children, and the relative closeness of each survivor's relationship with the deceased.
Disputes can arise between family members over distribution percentages. We often help Colorado Springs families reach a consensus proposal before the distribution hearing, which honors everyone's loss and avoids the added pain of a contested public proceeding. When agreement is not possible, we advocate for the distribution our client deserves at the 4th Judicial District.
Built for trial
CGH Injury Lawyers is a Colorado trial firm founded in 2016, formerly Cheney Galluzzi and Howard. We prepare every wrongful death case as if it will be tried in a 4th Judicial District courtroom, then negotiate from that strength. Most cases resolve through settlement or mediation, but an insurer that knows we are ready for a Colorado Springs jury treats a grieving family very differently than one that expects a quick settlement.
Wrongful death often grows from another area of personal injury law. The underlying cause shapes what evidence we pursue and which defendants we name.
Frequently asked questions
The general deadline is two years from the date of death under C.R.S. 13-80-102. Two critical exceptions apply for El Paso County families. First, if a government entity contributed to the death, a written notice of claim must be filed within 182 days after the date of discovery of the injury (C.R.S. 24-10-109(1)). Courts treat that notice deadline as a jurisdictional prerequisite, meaning a missed 182-day deadline bars the claim entirely, regardless of how serious the injuries are. Second, because the First Year Rule restricts who may file during the first twelve months, the standing analysis needs to happen immediately after the death. Contact us as soon as possible to protect both deadlines.
Colorado follows a strict standing hierarchy. During 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. If there is no surviving spouse or children, parents have standing. As of January 1, 2025, siblings have standing only if the deceased left no surviving spouse, no children, and no parents. Our Colorado Springs wrongful death attorneys confirm who holds the right to file at the first consultation, because a procedural error in this hierarchy can cost the family the claim.
For claims accruing on or after January 1, 2025, Colorado caps non-economic wrongful death damages at $2,125,000 under C.R.S. 13-21-203(1)(a), with inflation adjustments beginning in 2028. The cap disappears entirely if the death resulted from a felonious killing. Economic damages, including the present value of a lifetime of lost income, are not capped. Medical malpractice wrongful death claims are subject to a separate, lower cap schedule under C.R.S. 13-21-203(1)(b). Lower caps apply to claims accruing before January 1, 2025, so the date your claim accrued matters significantly.
Yes, as long as the deceased was found to be less than 50 percent at fault. Colorado's modified comparative negligence rule (C.R.S. 13-21-111) reduces the total award by the deceased's percentage of fault, but recovery is barred entirely only when the deceased was 50 percent or more at fault. Insurance companies investigate I-25 and Powers Boulevard crashes quickly and often assign inflated fault percentages to the deceased driver. We retain crash reconstruction experts and gather CDOT traffic data to challenge those assignments from the start of the case.
Garden of the Gods is managed by the City of Colorado Springs Parks, Recreation and Cultural Services department, making it government property for CGIA purposes. Your family must serve a written notice of claim on the City of Colorado Springs within 182 days after discovering the injury (C.R.S. 24-10-109(1)). If you miss that deadline, the claim is barred. If the claim proceeds and the city is found liable, damages against the government are capped under C.R.S. 24-10-114(1)(b) at $505,000 per person and $1,421,000 per occurrence for claims accruing on or after January 1, 2026. Call us the same day the death occurs so we can prepare and serve the notice before the window closes.
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 before a 4th Judicial District jury. For claims accruing on or after January 1, 2024, the certified amount is $135,990 (there will be no further inflation adjustments, per the Colorado Secretary of State certificate). Families often choose solatium as a privacy shield, because it avoids the invasive discovery that a traditional non-economic damages claim invites. Electing solatium does not limit economic damages, which remain fully recoverable. Whether solatium is the right election depends on the specific facts of your case, and we analyze that choice at the outset.
A wrongful death claim belongs to the surviving family members and compensates them for their own losses: lost financial support, loss of companionship, and grief. A survival action belongs to the deceased's estate and compensates for what the deceased personally suffered before passing, including pre-death medical bills at UCHealth Memorial, lost wages between the injury and death, and pain endured in the final days. Both claims can be filed together to pursue the full scope of recovery for the family and the estate. We analyze both at the initial consultation for every Colorado Springs wrongful death case.
No. CGH handles wrongful death cases on a contingency fee basis. There are no upfront attorney fees, and no fee of any kind unless we recover for your family. The consultation is free and completely confidential. We serve Colorado Springs clients from our Denver office at 2701 Lawrence Street, Suite 201, and we travel to El Paso County when the case requires it. Call (303) 209-9395 or submit the form on this page to begin.
Start your family's claim
Tell us what happened. We will review your case at no cost, with compassion and complete confidentiality. We serve El Paso County from our Denver office and are reachable 24 hours a day.
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Free consultation. No fee unless we win. Serving El Paso County from Denver, in English and Spanish.
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