IT'S MORE THAN MONEY.
When a crash on I-270, a tanker truck collision on Brighton Boulevard, or an unsafe condition in Commerce City takes someone you love, CGH Injury Lawyers represents your family under the Colorado Wrongful Death Act. We serve Adams County from our Denver office, confirm who holds the right to file, document every category of loss, and try the case in the 17th Judicial District when an insurer will not be fair. You pay nothing unless we win.
No fee unless we winWhen a Commerce City crash, industrial accident, or unsafe condition takes a family member, the Colorado Wrongful Death Act gives survivors the right to pursue civil compensation from the responsible party, separate from any criminal case. Adams County families have two years from the date of death to file (C.R.S. 13-80-102), and the first year belongs exclusively to the surviving spouse.
CGH Injury Lawyers represents surviving spouses, children, and parents in Commerce City and throughout Adams County. We serve clients from our Denver office, file in Adams County District Court at the Adams County Justice Center in Brighton when a case is litigated, and handle every aspect of the claim with no upfront fees.
What makes Commerce City cases distinct
Commerce City is one of the Front Range's most concentrated freight and industrial environments. The corridors that run through it, I-270, Brighton Boulevard, Vasquez Boulevard, and U.S. Route 85, carry a far higher proportion of commercial trucks, tankers, and heavy-haul vehicles than a typical Colorado city. When those roads produce a fatal crash, the wrongful death claim almost always involves a commercial defendant.
Why these cases are different
The law cannot bring someone back. The Colorado Wrongful Death Act exists for a narrower purpose: to hold the negligent party accountable and to secure the financial stability a Commerce City 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 and when. Getting this hierarchy right matters from the moment of death, because filing out of turn can put an Adams County family's recovery at risk.
During the first year after the death, only the surviving spouse has the right to file. That exclusive right exists even when there are adult children or parents who are equally devastated. The spouse may choose to include other heirs, such as children, in the claim, but the decision belongs to the spouse alone in year one.
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. Because the general wrongful death deadline in Colorado is two years from the date of death (C.R.S. 13-80-102), the second year is also the final year for most claims.
If there is no surviving spouse and no surviving children, the right to file passes to the deceased's parents. Parents of Commerce City victims who lost a child without a family of their own should confirm this standing analysis with an attorney as soon as possible, because the two-year window runs regardless of who holds the right.
Under HB 24-1472, siblings now have standing to file, 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 and minors without any family member who could bring a claim.
Because standing is time-sensitive and unforgiving, Commerce City families should confirm who holds the right to file before the first year runs. We help you identify the correct claimant early so a procedural error never costs you the claim.
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Compensation
Colorado divides wrongful death damages into two categories. The distinction matters, because a statutory cap applies to one category and not the other, and Commerce City truck crash claims often find their greatest value in the uncapped categories.
Economic damages are not subject to a statutory cap. For a Commerce City family that lost a primary wage earner, these damages often form the core 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 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.
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 in front of an Adams County jury.
Two different claims
A single fatal incident on a Commerce City road often gives rise to two separate legal claims. They serve different purposes and distribute funds differently, and they are frequently filed together to pursue full recovery.
For the surviving family
Brought by surviving family members for the 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. This claim belongs to the family, not the estate.
For the estate
Brought on behalf of the deceased's estate for losses the deceased suffered before passing: pre-death medical bills at HCA HealthONE North Suburban, lost wages between the injury and the death, and the pain endured. Proceeds are distributed under the will, or under Colorado intestacy law if there is no will.
Consider a Commerce City driver struck by a delivery truck on Vasquez Boulevard who survives for five days in the hospital before passing away. The pain, lost wages, and medical costs from those five days belong to the survival action. The next twenty years of lost income and loss of companionship belong to the wrongful death claim. Filed together in Adams County District Court, the two claims pursue full recovery for both the family and the estate.
When fault is contested
In Commerce City's commercial freight environment, trucking company insurers frequently attempt to assign partial fault to the deceased driver. Colorado's comparative fault rule, C.R.S. 13-21-111, controls the outcome.
Local knowledge
A Commerce City wrongful death case belongs to Commerce City: the road where the fatal crash happened, the hospital that provided the final care, and the courthouse where the case may be tried. Here is the ground we work on.
Courthouse
A Commerce City wrongful death lawsuit that exceeds the county-court jurisdictional limit is filed in Adams County District Court, housed in the Adams County Justice Center at 1100 Judicial Center Dr., Brighton, CO 80601, in the 17th Judicial District. The local defense firms that represent trucking carriers and commercial insurers in Adams County are experienced at this courthouse. We appear there directly, and our preparation is built around the 17th Judicial District's procedures, jury pool, and judicial expectations.
Trauma Care
HCA HealthONE North Suburban Medical Center is the only Level II Trauma Center designated by the Colorado Department of Public Health and Environment in Adams County. Trauma records from that facility document the severity of injuries between the crash and the death and become a critical part of the economic damages calculation in the survival action. For less severe initial presentations, UCHealth also operates a freestanding emergency room in Commerce City, though it does not hold a trauma center designation.
Fatal Crash Corridors
CDOT identifies I-270 as a high-crash corridor carrying more than 100,000 vehicles daily, with 8 to 17 percent of that traffic made up of freight trucks. Vasquez Boulevard carries 40,000 or more vehicles per day and includes the complex 8-way intersection at 60th Avenue, identified by CDOT as a safety problem currently being redesigned. Brighton Boulevard (SH-265) runs directly past the Suncor refinery and carries continuous tanker and heavy-haul traffic. U.S. Route 85 and Colorado State Highway 2 serve as major surface arterials through the city. Dick's Sporting Goods Park at 6000 Victory Way generates event-day traffic surges on roads surrounding the Colorado Rapids MLS stadium that create additional crash risk. These are the roads where Commerce City's most serious and fatal crashes occur.
Commerce City wrongful death cases we handle
Wrongful death claims arise whenever negligence, recklessness, or intentional misconduct causes a fatal outcome. These are the contexts we see most often in Commerce City and Adams County.
Fatal collisions with semi-trucks, tankers servicing the Suncor refinery, and freight vehicles from Commerce City's distribution centers. These cases involve corporate defendants, high-limit commercial insurance policies, and federal motor carrier safety regulations. We investigate carrier records, driver logs, and inspection histories immediately after a fatal crash.
Car, motorcycle, and pedestrian fatalities caused by distracted driving, impaired driving, speeding, or failure to yield on I-270, Brighton Boulevard, Vasquez Boulevard, and U.S. Route 85. The motor vehicle wrongful death deadline under Colorado law is two years from the date of death (C.R.S. 13-80-102).
Fatal injuries at Commerce City's industrial facilities, construction sites, and distribution centers. These cases may involve both workers' compensation death benefits and a separate third-party wrongful death claim against a contractor, property owner, or equipment manufacturer. We identify every avenue of recovery.
Deaths caused by unsafe property conditions in Commerce City, including dangerous walkways near distribution centers, inadequate security, and construction-site hazards. A property owner who fails to maintain safe conditions for lawful visitors can be held liable for a resulting death.
Surgical errors, misdiagnosis, and medication mistakes that result in a patient's death. Medical malpractice wrongful death cases carry a separate, lower non-economic damages cap under C.R.S. 13-21-203(1)(b) and require expert testimony to establish the standard of care.
If a loved one died because someone else was careless or reckless in Commerce City or anywhere in Adams County, we will tell you honestly whether a wrongful death claim is available, who holds the right to file it, and what it may be worth.
Government entity claims
If the fatal crash involved a vehicle owned by the City of Commerce City, Adams County, a public transit agency, or a road maintained by a government entity, the Colorado Governmental Immunity Act (CGIA) imposes a notice requirement and caps recovery.
After a recovery
When a settlement or verdict is reached in an Adams County wrongful death case, Colorado law requires a fair division among eligible survivors, but the statute does not set fixed percentages. That makes thoughtful handling of distribution important, especially in families with both a surviving spouse and adult children.
Disputes can arise among family members over how a recovery should be divided. We often help Commerce City families reach a consensus proposal before the distribution hearing, which honors everyone's loss and avoids the added pain of a contested public proceeding in Adams County District Court.
Built for trial
CGH Injury Lawyers is a Colorado trial firm founded in 2016, formerly Cheney Galluzzi and Howard. We prepare every Commerce City wrongful death case as if it will be tried in Adams County District Court, then negotiate from that strength. Most cases resolve through settlement or mediation, but a commercial trucking insurer that knows we are prepared for a jury in Brighton treats a grieving Adams County family very differently than one that expects a quick, low-value settlement.
Frequently asked questions
A Commerce City wrongful death lawsuit that exceeds the county-court jurisdictional limit is filed in Adams County District Court, housed in the Adams County Justice Center at 1100 Judicial Center Dr., Brighton, CO 80601, in the 17th Judicial District. Most cases settle before any lawsuit is filed, but where a case would be litigated shapes the defense's negotiating posture. CGH Injury Lawyers appears in Adams County District Court directly.
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 the death involved a government vehicle or public entity, a written notice of claim must be filed within 182 days of discovering the injury (C.R.S. 24-10-109(1)), far sooner than the two-year filing deadline. The standing hierarchy (who holds the right to file) is also time-sensitive, so confirming those facts early is critical.
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. Siblings have standing only if the deceased left no surviving spouse, no children, and no parents (updated by HB 24-1472). Our wrongful death attorneys confirm who holds the right to file as a first step.
Families may recover economic damages, including lost income, lost benefits, medical bills between the injury and the death, and funeral costs. These are not capped. Non-economic damages such as grief, loss of companionship, and emotional suffering are capped at $2,125,000 for claims accruing on or after January 1, 2025 (C.R.S. 13-21-203), with the cap disappearing entirely for felonious killings. When a death results from gross negligence, punitive damages may also be available.
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 in front of a jury. For claims accruing on or after January 1, 2024, the certified amount is $135,990, with no further adjustments scheduled. Families often choose it to avoid the invasive discovery that a traditional non-economic damages case can invite. Electing solatium does not reduce economic damages, which remain recoverable and uncapped.
Under Colorado's modified comparative negligence rule (C.R.S. 13-21-111), a Commerce City family can still recover as long as the deceased was less than 50 percent at fault. The award is reduced by the percentage of fault attributed to the deceased. If the deceased is found 50 percent or more at fault, the family recovers nothing. Commercial trucking carriers and their insurers investigate fatal crashes immediately and often try to inflate the fault percentage. We preserve the evidence, challenge those assessments, and fight to keep the full value of the claim on the table.
No. CGH Injury Lawyers has one office, at 2701 Lawrence St., Suite 201, Denver, CO 80205. We serve Commerce City and all of Adams County from that office, file cases in Adams County District Court at the Adams County Justice Center in Brighton when litigation is needed, and meet clients wherever is most convenient. You can reach us at (303) 209-9395.
No. Commercial insurance adjusters represent the carrier and work to minimize the company's payout. They may contact the family soon after the death and use recorded statements or early settlement offers to reduce the claim's value. Do not give a recorded statement or sign anything before speaking with our team. Once you retain CGH, we handle all communication with the insurer and the carrier's rapid-response investigators so you can focus on your family.
Start your Commerce City wrongful death claim
Tell us what happened. We will review your Adams County case at no cost, with compassion and complete confidentiality.
IT'S MORE THAN MONEY.
Free consultation. No fee unless we win. Serving Adams County from our Denver office, in English and Spanish.
Read next: Commerce City personal injury overview or Colorado wrongful death practice area
CGH Injury Lawyers · Serving Commerce City and Adams County from 2701 Lawrence St., Suite 201, Denver, CO 80205
