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Western Colorado mountains. CGH Injury Lawyers represents Montrose wrongful death families from our Denver office.
Montrose, Colorado

Montrose Wrongful Death Lawyers Who Fight for Your Family

When a Montrose County death is caused by someone else's negligence, Colorado law gives surviving family members the right to pursue civil compensation. CGH Injury Lawyers serves Montrose families from our Denver office. You pay nothing unless we win your case.

No fee unless we win
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Serving Montrose from our Denver Office CGH Injury Lawyers 2701 Lawrence St., Suite 201 Denver, CO 80205 (303) 209-9395 Se habla espanol
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  • 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 when a death is caused by another party's negligence, recklessness, or intentional misconduct.
  • Who may file is governed by a strict standing hierarchy. In the first year after the death, only the surviving spouse has the right to file, even if adult children or parents are also grieving.
  • The general deadline to file a Colorado wrongful death claim is two years from the date of death (C.R.S. 13-80-102). Shorter notice windows apply to claims against a government entity.

CGH Injury Lawyers serves Montrose County families from our Denver office. We handle wrongful death cases across western Colorado, including cases filed in the 7th Judicial District at the Montrose Combined Courts. You pay nothing unless we recover for you.

Who has the right to file

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

Colorado law sets a strict order for who may bring a wrongful death lawsuit, and when. Getting this hierarchy right from the start protects the family's recovery. A Montrose family that files out of turn, or misses the standing window, can permanently lose its right to compensation.

  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 if there are adult children or parents who 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 recourse.

Standing is time-sensitive and unforgiving. Montrose families should confirm who holds the right to file before the first year runs. We identify the correct claimant in our first case review, so no procedural misstep ever costs a family its claim.

The law that governs your case

Colorado wrongful death law decoded for Montrose County families

The Colorado Wrongful Death Act exists for a specific purpose: to hold the party responsible for a death accountable and to restore the financial stability a family needs to move forward. It covers funeral costs, replaces lost future income, and recognizes the loss of companionship. The Act is civil, separate from any criminal proceedings.

A civil claim, 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 focus on compensation for the family and require a lower burden of proof: a preponderance of the evidence. The family controls the process, including whether to settle or go to trial.
  • The general filing deadline is two years from the date of death (C.R.S. 13-80-102). Exceptions include a shorter notice window for claims against a government entity under the Colorado Governmental Immunity Act (C.R.S. 24-10-109), and a four-year window for vehicular-homicide-with-flight cases (C.R.S. 13-80-102(2)).

Wrongful death claim vs. survival action

A single fatal incident in Montrose often gives rise to two separate legal claims filed together. The wrongful death claim is brought by surviving family members for the losses they personally experienced, such as lost financial support and loss of companionship. The survival action is brought on behalf of the deceased's estate for losses the deceased suffered before passing, such as pre-death medical bills, lost wages between injury and death, and the pain they endured. Filed together, the two claims pursue full recovery for both the family and the estate.

Local knowledge

Montrose County: the courts, the roads, and the trauma center

A Montrose wrongful death case lives in Montrose County: the courthouse where it is filed, the hospital that treated your loved one, and the roads where many fatal crashes in western Colorado occur. Here is the ground we work on.

Courthouse

Montrose Combined Courts, 7th Judicial District

Civil wrongful death actions arising in Montrose County are filed in the Montrose Combined (District and County) Courts at the Montrose County Justice Center, 1200 North Grand Avenue Bin A, Montrose, CO 81401. The 7th Judicial District serves Montrose County and the surrounding region. Local rules, local judges, and local defense counsel mean the legal environment in Montrose is not the same as metro Denver. We handle 7th Judicial District matters and travel to western Colorado for our clients.

Trauma Care

Montrose Regional Health, Level III Trauma Center

Montrose Regional Health (formerly Montrose Memorial Hospital) is a Colorado-designated Level III Trauma Center. Victims of serious crashes on US-550, US-50, or the surrounding corridors are treated here. Those medical records document the full scope of injuries and become the foundation of the economic damages calculation in a wrongful death case. When injuries require a higher level of care, patients are transferred to Level I or Level II centers in Grand Junction or Denver.

High-Risk Roads

US-550, US-50, CO-90, and CO-348

CDOT has documented US-550 south of Montrose (MP 117.3 to 126.1) as a high-crash corridor, with primary causes including wildlife-vehicle collisions, rear-end crashes, and broadside collisions at skewed intersections. A $40M-plus CDOT safety project completed in 2024 addressed this stretch with wildlife fencing, intersection realignments, and new passing lanes. US-50 through and north of Montrose is also a documented safety improvement zone. Winter black ice at Montrose's roughly 5,800-foot elevation and high tourist traffic volumes serving Black Canyon of the Gunnison and Telluride create year-round risk on all major corridors. When a fatal crash occurs on one of these roads, CDOT crash records, roadway design data, and maintenance histories are often critical evidence in a wrongful death claim.

Why CGH

Why Montrose County families choose CGH Injury Lawyers

Serving Montrose from our Denver office, trial-ready attorneys, bilingual help, and no fee unless we win. We do not publish wrongful death settlement figures, because each case is different and a number on a page tells you nothing about what your family can recover.

The Act

C.R.S. 13-21-201

The Colorado Wrongful Death Act is the law we build your case on. We know every deadline, every standing rule, and every damages category it creates.

Statewide Coverage

Serving Montrose from Denver.

We do not have a Montrose office. We serve Montrose County families from our Denver office at 2701 Lawrence St., Suite 201. We travel to western Colorado and handle matters in the 7th Judicial District. You meet with us in Denver or by phone, and we carry the case from there.

We Say No When the Law Says No

Honest case review, every time.

If your situation falls outside the scope of the Colorado Wrongful Death Act, or a statutory defense clearly applies, we will tell you in the free review rather than take your case and let it stall. When the law is on your side, we fight. When it is not, you deserve to hear that early, for free.

Trial-Ready

ABOTA trial advocacy on the team.

Managing Partner Kevin Cheney is a member of the American Board of Trial Advocates. Insurers that know we go to trial negotiate very differently than they do with firms that do not.

Founded 2016

Trial firm, not a settlement mill.

CGH Injury Lawyers, formerly Cheney Galluzzi and Howard, was founded in 2016. We prepare every wrongful death case as if it will go before a jury, then negotiate from that strength. Best Lawyers in America recognition since 2023.

Bilingual

Hablamos espanol.

Spanish-speaking staff and attorneys serve western Colorado's Spanish-speaking community. No interpreter needed.

No Win, No Fee

Contingency only.

You pay nothing out of pocket for legal fees. We advance costs and collect only from a settlement or verdict. A Montrose family should never have to decide between justice and a bill.

First steps

What to do after a wrongful death in Montrose County

The days immediately after a wrongful death are the most critical for preserving evidence and protecting the family's legal rights. Here is the path we walk with you.

  1. Preserve the evidence

    Evidence disappears fast. Crash scenes are cleared. Surveillance footage is overwritten. Maintenance records are lost. Photographs, 911 recordings, CDOT crash data for US-550 and US-50 corridors, and any vehicle or equipment involved should all be secured immediately. We send preservation letters to at-fault parties and relevant agencies within hours of retention.

  2. Identify who holds standing to file

    Colorado's First Year Rule controls who may bring the claim. We identify the correct claimant and the relevant deadlines in our first call, so the family never loses its right to file because of a procedural mistake.

  3. Gather the medical and financial records

    Records from Montrose Regional Health and any other treating facilities document the full injury and the care rendered between the incident and the death. Financial records establish lost income, lost benefits, and the economic impact on the household going forward.

  4. Do not talk to the at-fault insurer alone

    The at-fault party's insurance adjuster will contact the family. They represent the insurer's interests, not yours. Do not give a recorded statement or sign anything before speaking with us. Call (303) 209-9395.

  5. We build and file the claim

    We calculate the full value of every damages category, retain the necessary experts, and file in the Montrose Combined Courts when suit is required. Most wrongful death cases resolve through settlement or mediation, but we prepare every case for trial so the insurer has a reason to settle fairly.

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Compensation

What a Montrose wrongful death claim can recover

Colorado divides wrongful death damages into two categories. The distinction matters because a statutory cap applies to one and not the other.

Economic damages (not capped)

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

Non-economic damages (capped)

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

Economic damages are not capped. For families who lost a primary earner, these damages often form the largest part of the recovery. 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 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 (C.R.S. 13-21-102). We calculate the full value of every category before we ever discuss settlement.

The solatium election: a strategic option for surviving spouses

Colorado gives surviving spouses, and in some cases parents, an option called solatium under C.R.S. 13-21-203.5. Instead of proving grief and loss of companionship before a jury, the eligible claimant may elect a fixed statutory payment. For claims accruing on or after January 1, 2024, the certified solatium amount is $135,990, as adjusted and certified by the Colorado Secretary of State. That amount is paid in addition to economic damages once liability is established. There will be no further adjustments to the solatium figure. Electing solatium also functions as a privacy shield: it bypasses the invasive discovery that a traditional non-economic damages claim can invite, such as depositions about the quality of the marriage. Electing solatium does not reduce economic damages, which remain fully recoverable.

Defenses we counter

Defenses insurers raise in Montrose wrongful death cases

At-fault parties and their insurers regularly raise certain arguments to reduce or eliminate the family's recovery. Knowing each defense, and how to challenge it, is how we protect the claim.

  1. Comparative fault: blaming the deceased

    Colorado follows a modified comparative fault rule (C.R.S. 13-21-111). Surviving family members can still recover as long as the deceased was less than 50 percent at fault. Below that threshold, the total award is reduced by the percentage of fault attributed to the deceased. Insurers routinely try to inflate that percentage. We use crash reconstruction experts, CDOT corridor data, and witness testimony to challenge fault assignments on routes like US-550 and US-50 in Montrose County.

  2. Government immunity claims

    If a government vehicle, a public road defect, or a public entity employee is involved, the Colorado Governmental Immunity Act (CGIA) applies. Under C.R.S. 24-10-109, the family must file a written notice of claim within 182 days after discovering the injury. This notice is a jurisdictional prerequisite: missing it bars the claim entirely. CGIA damage caps ($505,000 per person, $1,421,000 aggregate for claims accruing on or after January 1, 2026, per C.R.S. 24-10-114(1)(b)) also apply. We identify government exposure in the first review and send the required notice immediately.

  3. Standing challenges

    If multiple family members attempt to file, or if the wrong claimant files, the defense will challenge standing. We confirm the correct hierarchy under the Wrongful Death Act before filing, so a standing dispute never derails the family's recovery.

  4. Low-ball settlement pressure

    Insurance adjusters often contact grieving families shortly after a death with early offers that significantly undervalue the full claim. Accepting an offer before calculating future lost earnings, the solatium election, and all available damages categories can cost the family hundreds of thousands of dollars. We recommend no family accept any offer before a full damages analysis is complete.

The money and who pays it

Insurance in a Montrose wrongful death case

Most Montrose families worry they are suing a person. In most cases, they are suing an insurance policy. Understanding how the money moves usually changes the conversation.

  • In most wrongful death cases, the recovery comes from the at-fault party's liability insurance, such as an auto policy or a commercial carrier, not from their personal assets.
  • When a crash on US-550 or US-50 involves a commercial truck or fleet vehicle, multiple policies and corporate defendants may be involved. We identify every layer of coverage before we negotiate.
  • If the at-fault driver was uninsured or underinsured, the family's own uninsured and underinsured motorist coverage (UM/UIM) becomes critical. We review every policy the family holds to maximize the available recovery.
  • Insurance companies represent their own financial interests. The adjuster assigned to the claim is not the family's ally. Once you retain CGH, we handle all communication with every insurer so the family can focus on healing.
Frequently asked questions

Montrose wrongful death: frequently asked questions

Where is a Montrose wrongful death lawsuit filed?

Civil wrongful death actions arising in Montrose County are filed in the Montrose Combined (District and County) Courts, part of the 7th Judicial District, located at the Montrose County Justice Center, 1200 North Grand Avenue Bin A, Montrose, CO 81401. Most cases resolve through settlement or mediation before a trial is ever held, but where a case is filed affects local rules, jury pool, and the defense firms involved. CGH handles 7th Judicial District matters and travels to western Colorado for our clients.

What is the deadline to file a wrongful death claim for a Montrose County death?

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 a county road department or a public agency vehicle, requires a formal written notice of claim within 182 days of discovering the injury (C.R.S. 24-10-109). A vehicular-homicide-with-flight case may have a four-year window (C.R.S. 13-80-102(2)). Because the standing hierarchy is also time-sensitive, consult an attorney as soon as possible after the death.

Who can file a wrongful death claim in Colorado?

Colorado follows a strict hierarchy under the Wrongful Death Act. 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 and no surviving children. Under HB 24-1472, siblings now have standing, but only if the deceased left no surviving spouse, no children, and no parents. Getting this hierarchy right before filing is one of the first things we confirm.

A crash on US-550 in Montrose County killed my family member. Can we file a wrongful death claim?

Yes, if the death resulted from another party's negligence. US-550 south of Montrose is a CDOT-documented high-crash corridor. When a fatal crash occurs there, we investigate the at-fault driver's conduct, the condition of the roadway, and any possible government or commercial trucking liability. CDOT project records, crash reports, and maintenance histories for the US-550 corridor are all part of the evidentiary foundation we build. The standard filing deadline is two years from the date of death (C.R.S. 13-80-102), but government entity claims require a 182-day written notice (C.R.S. 24-10-109).

What is solatium, and should a Montrose surviving spouse choose it?

Solatium is a fixed statutory payment a surviving spouse, and in some cases parents, can elect under C.R.S. 13-21-203.5 instead of proving grief and loss of companionship before a jury. For claims accruing on or after January 1, 2024, the certified solatium amount is $135,990, as certified by the Colorado Secretary of State, with no further adjustments. Solatium is paid in addition to economic damages. Electing it also functions as a privacy shield, bypassing invasive discovery into the marriage. Whether to elect solatium or pursue non-economic damages through trial is a strategic decision we analyze on the facts of each case. Electing solatium does not reduce any economic damages.

My loved one may have been partly at fault. Does that end the wrongful death claim?

Not necessarily. Under Colorado's modified comparative fault rule (C.R.S. 13-21-111), surviving family members 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, recovery is barred. Below that threshold, the total award is reduced in proportion to the deceased's share of fault. Insurers routinely try to inflate the fault percentage assigned to the deceased. We challenge those assessments with evidence, including expert analysis of crash dynamics on the US-550 and US-50 corridors.

Does CGH have a Montrose office?

No. CGH Injury Lawyers serves Montrose County families from our Denver office at 2701 Lawrence St., Suite 201, Denver, CO 80205. We handle matters in the 7th Judicial District and travel to western Colorado. You can reach us by phone at (303) 209-9395 or through our online case review form. A Montrose family should never feel that geography stands between them and qualified wrongful death counsel.

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

A wrongful death claim is brought by surviving family members for the losses they personally suffered, 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, lost wages between the injury and the death, and the pain they endured. The two claims are frequently filed together to pursue the full recovery available for both the family and the estate. Proceeds of the survival action are distributed through the estate, either under the will or under Colorado intestacy law.

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Call (303) 209-9395 Get my free wrongful death case review

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CGH Injury Lawyers · 2701 Lawrence St., Suite 201, Denver, CO 80205 · Serving Montrose County and western Colorado