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Northern Colorado, where Windsor spans Weld and Larimer Counties. CGH Injury Lawyers represents grieving families from Denver.
Windsor, Colorado

Windsor Wrongful Death Lawyers Who Carry the Legal Weight So Your Family Does Not Have To

Windsor sits primarily in Weld County, with a portion extending into Larimer County, which means a wrongful death arising from a crash at the I-25/CO-392 interchange at Exit 262, on CO-392 through Windsor's Main Street business corridor, on CO-257 through the town center, or anywhere in Windsor's dual-county footprint may be governed by the Weld County District Court in Greeley, the Larimer County District Court in Fort Collins, or depend on where the incident occurred. CGH Injury Lawyers does not have a Windsor office. We serve Windsor and the surrounding Northern Colorado communities from our Denver office, handle every deadline and standing requirement, and are prepared to try your case in whichever Northern Colorado court applies. No fee unless we win.

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  • Colorado's Wrongful Death Act, codified at C.R.S. 13-21-201 through 13-21-204, gives surviving family members the right to pursue civil compensation when negligence, recklessness, or intentional misconduct causes a death in Windsor or the surrounding area. The claim is civil and can proceed even if no criminal charges are ever filed.
  • Standing to file follows a strict hierarchy. In the first year after the death, only the surviving spouse may bring a claim. Children gain the right to file in the second year. Parents may file only if no spouse or children survive. Siblings were added by HB 24-1472 as a last-resort class when no spouse, children, or parents survive.
  • The general filing deadline is two years from the date of death (C.R.S. 13-80-102). If a government entity such as the Town of Windsor, Weld County, Larimer County, or a CDOT crew contributed to the death, a formal written notice of claim must be served within 182 days of discovering the injury (C.R.S. 24-10-109(1)), which is a shorter and separate clock that runs from the date of discovery, not the date of death.

Windsor is primarily in Weld County, with a portion of the town extending into Larimer County. As of the 2020 Census, Windsor had 32,716 residents and ranked among Colorado's fastest-growing municipalities. That rapid growth has placed more residents and commuters on I-25 at Exit 262, on CO-392 through the Main Street business corridor, on CO-257 through the town center, and on US-34 along the Greeley-Loveland corridor, creating rising crash exposure on roads that feed into a town without its own hospital. When someone else's negligence in Windsor or the surrounding Northern Colorado corridor takes a life, the surviving family faces a dual-county legal landscape that is more complex than most Colorado wrongful death cases. CGH Injury Lawyers manages that complexity from our Denver office. You pay nothing unless we recover for your family.

Who has the right to file

Who can bring a wrongful death claim after a Windsor death?

Colorado law sets a precise order of who may file a wrongful death lawsuit and when. Families who wait too long or file in the wrong order risk losing the claim entirely. These rules apply the same way whether the death happened at the I-25/CO-392 interchange, on CO-392 through Windsor's Main Street business corridor, on CO-257, or anywhere else in Weld or Larimer County.

  1. Year one: the surviving spouse holds exclusive standing

    During the twelve months immediately following the death, only the surviving spouse has the right to file a wrongful death lawsuit. That standing is exclusive: it exists even when adult children or parents are equally grief-stricken and equally willing to pursue accountability. The spouse may choose to bring children into the claim, but the choice belongs to the spouse alone during that first year.

  2. Year two: children and heirs gain the right to file

    If the surviving spouse does not file within the first year, or if there is no surviving spouse, the deceased's children gain the right to file during the second year. In year two, both the surviving spouse and the children may bring claims. The two-year statute of limitations under C.R.S. 13-80-102 runs from the date of death, so action must be taken before that window closes regardless of which family member holds standing.

  3. Parents, when no spouse or children survive

    Parents of the deceased may file only if there is no surviving spouse and no surviving children. This situation arises most often when the victim was a single adult without children. In Windsor wrongful death cases involving a young victim killed on the I-25 corridor, on CO-392, or on US-34, parents frequently become the sole claimants and the only people positioned to hold the at-fault party accountable.

  4. Siblings, under HB 24-1472

    Under HB 24-1472, siblings were added to the list of eligible claimants, but only as a last-resort class. Siblings may file only if the deceased left no surviving spouse, no surviving children, and no surviving parents. This change closed a gap that previously left some families without any legal recourse at all when the victim was a single adult with no immediate family of their own.

Because the standing hierarchy is time-sensitive from the moment of death, confirming who holds the right to file should happen as early as possible. A procedural misstep, such as a child filing in the first year when a surviving spouse exists and has not waived their right, can put the entire claim at risk. We identify the correct claimant at the outset so a legal technicality never costs a Windsor family their recovery.

The rules of the claim

Colorado wrongful death law decoded for Windsor families

Wrongful death cases involve a different set of statutes than ordinary personal injury claims. Several of those statutes quietly determine how much a Northern Colorado family can recover, what the filing deadline is, and whether recovery is available at all. Windsor's dual-county geography adds a venue dimension that shapes every stage of these cases, from which court receives the complaint to which jury pool decides the outcome.

Deadlines that cannot be missed

  • The general wrongful death filing deadline is two years from the date of death (C.R.S. 13-80-102). Missing it ends the claim entirely, with very few exceptions.
  • If a Colorado government entity, such as a CDOT maintenance crew responsible for the I-25/CO-392 interchange at Exit 262, a Weld County vehicle, a Larimer County vehicle, or a Town of Windsor employee, caused or contributed to the death, a formal written notice of claim must be served within 182 days of discovering the injury under C.R.S. 24-10-109(1). That government notice clock runs from the date of discovery of the injury, not the date of the death itself. Missing the notice bars the claim against that government entity permanently.
  • The standing hierarchy imposes its own internal timeline. The first-year spouse-only window and the transition of rights to children in year two must be tracked alongside the two-year filing deadline. Both clocks run from the date of death.

Damages and caps that apply to Windsor wrongful death claims

  • Economic damages, including lost income and benefits the deceased would have provided, medical bills incurred between the injury and the death, funeral and burial costs, and the value of lost household services, are not subject to any cap under Colorado law. For a Windsor family that lost a primary earner in a crash on the I-25 corridor, the projected income loss alone is often the largest component of the claim.
  • Non-economic damages, covering grief, loss of companionship, and emotional suffering of the survivors, are capped at $2,125,000 for wrongful death claims accruing on or after January 1, 2025 (C.R.S. 13-21-203(1)(a)). The cap disappears entirely when the death resulted from a felonious killing.
  • Under Colorado's modified comparative fault rule (C.R.S. 13-21-111), a family can still recover even if the deceased was partly at fault, as long as the deceased bore less than 50 percent of the fault. If the deceased is found 50 percent or more at fault, the claim is barred entirely. Insurers routinely try to inflate the deceased's share of fault to reduce or eliminate what they owe a family.

Windsor's dual-county makeup creates a venue question that most Northern Colorado wrongful death cases do not face. A crash at the I-25/CO-392 interchange or on CO-392 near Exit 262 may fall on the Weld County side, placing the potential lawsuit in the 19th Judicial District at the Weld County District Court in Greeley. A crash on the Larimer County side of the town boundary points instead to the 8th Judicial District at the Larimer County District Court in Fort Collins. Those two courts operate differently, draw from different county jury pools, and involve different local procedures and defense counsel who regularly appear in each district. We identify the correct venue at the outset of every Windsor wrongful death engagement, because filing in the wrong court can complicate the claim and cost a family time and bargaining power before the case is ever argued on the merits.

A strategic choice for surviving spouses

The solatium election: a guaranteed payment instead of proving grief at trial

Colorado law gives a surviving spouse, and in some cases parents, an alternative to fighting over non-economic damages in front of a Weld or Larimer County jury. Under C.R.S. 13-21-203.5, a claimant may elect a fixed statutory solatium payment for grief and loss of companionship instead of attempting to prove and quantify those losses through contested evidence at trial.

  • The certified solatium amount for claims accruing on or after January 1, 2024 is $135,990 (C.R.S. 13-21-203.5). This is a fixed statutory figure paid in addition to economic damages once liability is established. HB 24-1472 ended inflation adjustments to the solatium amount, so this figure does not increase further under current law.
  • Electing solatium acts as a privacy shield. In a traditional non-economic damages claim, the defense may conduct invasive discovery into the quality and closeness of the marriage or parent-child relationship through depositions and subpoenas of private communications and records. Solatium bypasses that process entirely, which many Windsor families find important when the grief is still raw.
  • Choosing solatium does not limit economic damages in any way. Lost income, future earning capacity, funeral costs, and all other economic categories remain fully recoverable and are not subject to a statutory cap regardless of the solatium election.

Whether to elect solatium or pursue full non-economic damages before a Northern Colorado jury is a strategic decision that depends on the specific facts of the case, the strength of the relationship evidence, and the at-fault party's resources. We walk every Windsor family through that decision with a clear explanation of the tradeoffs so they can choose with full information.

Local Knowledge

Windsor courts. Windsor trauma care corridor. Windsor roads where fatal crashes happen.

A wrongful death claim arising from a Windsor death runs through Northern Colorado institutions: the court where a lawsuit is filed depends on which county the incident occurred in, the nearest trauma hospitals are in Loveland and Greeley rather than in Windsor itself, and the roads where fatal crashes occur most often are the I-25 corridor at Exit 262, CO-392, CO-257, and US-34. Knowing that ground in detail is part of how we build a stronger case for a Windsor family.

Courthouse

Two Courthouses: 19th Judicial District (Weld County, Greeley) and 8th Judicial District (Larimer County, Fort Collins)

Windsor is the only community in this Northern Colorado legal corridor that sits across two counties and two judicial districts simultaneously. That geography produces a venue question that must be resolved correctly at the start of every wrongful death engagement.

A wrongful death lawsuit arising from an incident on the Weld County side of Windsor is filed in the 19th Judicial District at the Weld County District Court, 901 9th Ave., Greeley, CO 80631. Weld County is among the largest counties in Colorado by land area, and the Greeley courthouse handles civil cases from communities across the county. The jury pool is drawn from Weld County residents. The defense firms active in the 19th Judicial District have their own procedural familiarity with that courthouse and with the I-25 corridor crash patterns running through Windsor.

A wrongful death lawsuit arising from an incident on the Larimer County side of Windsor is filed in the 8th Judicial District at the Larimer County District Court, 201 LaPorte Ave., Fort Collins, CO 80521. The jury pool there is drawn from Larimer County residents. Local procedures and the defense firms that regularly appear differ from those in the 19th Judicial District. In a case where the incident location straddles the county line or venue is disputed, both courts may be implicated, and the choice of filing location can affect jury composition, discovery procedures, and the bargaining power the family holds in settlement discussions. We determine the correct venue early and file in the right court so no procedural misstep costs a Windsor family time or recovery.

Trauma Care

UCHealth Medical Center of the Rockies (Level I Trauma, Loveland) and UCHealth Greeley Hospital (Level III)

Windsor has no hospital of its own. When a fatal injury occurs in Windsor or nearby on I-25, CO-392, CO-257, or US-34, emergency transport carries patients to the nearest appropriate facility, which means the medical records central to a Windsor wrongful death claim originate outside town.

UCHealth Medical Center of the Rockies, a Level I Trauma Center in Loveland, is the highest-level trauma facility closest to Windsor. A Level I designation means the facility provides the most comprehensive trauma care available, including around-the-clock surgical services, intensive care, specialist coverage, and research capability. In a wrongful death case, the records from UCHealth Medical Center of the Rockies documenting the emergency treatment, the surgical interventions, and the final hours of a patient's care become central evidence. They establish the nature and severity of the injury and the timeline between the crash or incident and the death.

UCHealth Greeley Hospital, a Level III facility, provides acute trauma care capacity closer to the eastern side of Windsor and the Greeley commuter corridor. A Level III facility stabilizes and, when needed, transfers more severe injuries to higher-level centers. Records from the Greeley facility may be equally important to a Windsor wrongful death claim, depending on where emergency transport took the patient. In some cases, patients are ultimately transferred to a Denver-area Level I center, creating records at three institutions that must all be obtained and reviewed before opening settlement discussions. We gather every treatment record from every facility involved and work with medical experts to translate those records into evidence that a Northern Colorado jury can understand and act on.

Roads Where Fatal Crashes Happen

I-25 at Exit 262, CO-392 (Main Street), CO-257, US-34, and the Cache la Poudre Corridor

Windsor's western edge runs along I-25, and Exit 262 is the primary interchange connecting the interstate to CO-392, which is also Windsor's Main Street. CDOT has identified the I-25/SH-392 interchange as a congestion and improvement node, which reflects the volume of traffic passing through a junction that transitions freeway speeds on I-25 to the commercial and residential corridors of Windsor. Crashes at interchange environments like this one share common characteristics: merge conflicts between vehicles decelerating from freeway speed, rear-end collisions in the deceleration zone, and angle crashes from drivers crossing lanes to reach CO-392. In a wrongful death case arising at this interchange, the physical configuration of the road, the signal timing at the junction, CDOT volume data, and any prior documented incidents at Exit 262 are all relevant to establishing that the at-fault party bore the liability.

CO-392 carries traffic east from I-25 through Windsor's Main Street business district and continues toward Greeley. The commercial nature of this corridor means high pedestrian and bicycle exposure near retail and service businesses, along with turning conflicts at driveways and cross-streets that produce angle crashes, pedestrian fatalities, and rear-end collisions. Windsor's population growth has increased the volume of commuter traffic on CO-392 at a pace that outpaces infrastructure improvements.

CO-257 runs through Windsor's town center and connects residential neighborhoods to the commercial corridors and to surrounding communities. Commuter patterns on CO-257 create early-morning and late-afternoon volume spikes that correlate with higher crash risk. US-34 runs along the Greeley-Loveland-Estes Park corridor and forms a major east-west route that Windsor-area residents use to reach employment centers in both directions. Commercial vehicle and commuter traffic on US-34 adds further exposure for people traveling to and from Windsor. The Cache la Poudre River runs along Windsor's western and southern edges; road crossings near the river corridor can present additional hazards in wet or icy conditions. These corridors together generate the serious crash claims in the Windsor area, and knowing their documented patterns is how we build the liability side of a Windsor wrongful death case.

Two distinct legal claims

Wrongful death claim vs. survival action: Windsor families often have both

A single fatal incident in Windsor frequently gives rise to two separate legal claims that serve different purposes and distribute funds through different channels. They are typically filed together to capture every available category of recovery and leave nothing on the table.

For the surviving family

The wrongful death claim

Brought by eligible family members, in the priority order set by the First Year Rule, for the losses they personally experienced. This includes the lost financial support the deceased would have provided, loss of companionship, grief, and emotional suffering. Eligible family members control this claim, including whether to settle, elect solatium, or take the case to a jury in the 19th Judicial District in Greeley or the 8th Judicial District in Fort Collins, depending on which court governs the Windsor incident.

For the estate

The survival action

Brought on behalf of the deceased's estate to recover losses the deceased personally suffered before passing. These include pre-death medical bills from UCHealth Medical Center of the Rockies, UCHealth Greeley Hospital, or any other treating facility, wages lost between the injury and the death, and pain and suffering the deceased endured. Proceeds flow through the estate and are distributed under the will or under Colorado intestacy law if no will exists.

To illustrate: a Windsor resident is struck at the I-25/CO-392 interchange and survives several days in UCHealth Medical Center of the Rockies before passing away. The pain and suffering of those days, and the medical bills incurred at the Level I Trauma Center during that time, belong to the survival action. The years of income that family members would have received belongs to the wrongful death claim. Filing both claims together in the correct Northern Colorado court ensures nothing is left on the table. We evaluate both at the outset of every engagement with a Windsor family.

Why CGH

Why Windsor families choose CGH Injury Lawyers for wrongful death claims

Wrongful death cases require a different kind of preparation than ordinary personal injury claims: they involve standing analysis, dual-court venue determination, economic modeling of future income loss, solatium election decisions, probate coordination for any survival action, and distribution hearings at the end of a recovery. Windsor's dual-county jurisdiction adds a layer that most Northern Colorado wrongful death cases do not face. We handle all of it. We are also honest about something from the start: CGH Injury Lawyers does not have a Windsor office. We serve Weld and Larimer County from our Denver office and come to you. What you receive is rigorous legal work, not a local storefront.

Trial-Ready

Built to try your case in Weld or Larimer County.

Managing Partner Kevin Cheney is a member of the American Board of Trial Advocates and has tried over 25 cases to verdict. When a wrongful death attorney is genuinely prepared to take a case in front of a Weld County jury in Greeley or a Larimer County jury in Fort Collins, insurers respond to demand letters very differently than they would otherwise. A real willingness to litigate in whichever Northern Colorado district controls the Windsor claim is the foundation of every serious demand we make for a Windsor family.

Colorado-Licensed Attorneys

Not a paralegal. Not a call center.

Every Windsor wrongful death case is handled by a licensed Colorado attorney from the first call through the distribution hearing. Managing Partner Kevin Cheney holds ABOTA membership and has tried over 25 cases to verdict. Timothy G. Tarr has been recognized by Best Lawyers every year since 2023. Both attorneys know how to present a wrongful death damages case to a Northern Colorado jury and how to negotiate from that position of strength against the insurers and defense firms that regularly appear in the 19th and 8th Judicial Districts.

Dual-Court Jurisdiction

19th in Greeley. 8th in Fort Collins.

Wrongful death lawsuits arising in Windsor may be filed in the 19th Judicial District at the Weld County District Court in Greeley, or in the 8th Judicial District at the Larimer County District Court in Fort Collins. We determine the correct court for every Windsor wrongful death claim, file and appear there, and handle distribution hearings once a recovery is reached.

Honest About Location

Serving Windsor from Denver.

CGH Injury Lawyers does not have a Windsor office. Our office is at 2701 Lawrence St., Suite 201, Denver, CO 80205. We serve Windsor and all of Weld and Larimer County from Denver, file cases in the appropriate Northern Colorado courthouse, and meet you wherever works for you. Call (303) 209-9395.

Bilingual

Hablamos espanol.

Spanish-speaking attorneys and staff serve Windsor and the broader Northern Colorado Spanish-speaking community through every stage of a wrongful death claim, from the first call through the distribution hearing.

No Win, No Fee

Contingency only. No upfront cost.

You pay nothing out of pocket for legal fees or case costs. We advance expenses and collect only from a settlement or jury verdict in your favor. A Windsor family in the middle of grief should not have to worry about a legal bill at the same time. The consultation is free and completely confidential.

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After a wrongful death

What to do after a wrongful death in Windsor

Grief comes first. But the legal clocks start running immediately, and a Windsor family that waits too long can lose the right to hold anyone accountable. These are the steps we walk families through from the very first call.

  1. Secure the evidence before it disappears

    In fatal crash cases at the I-25/CO-392 interchange, on CO-392 through Windsor's Main Street corridor, on CO-257, or on US-34, physical evidence including electronic data from vehicle black boxes, dashcam footage from surrounding vehicles, roadway surveillance video, and road-condition data from CDOT sensors can be lost or overwritten within days. We issue litigation hold letters and preservation demands early to prevent spoliation that could undermine the claim. The same urgency applies when the death happened at a commercial property along CO-392 or at any other Windsor-area location.

  2. Gather all medical records from every facility

    Treatment records from UCHealth Medical Center of the Rockies in Loveland and from UCHealth Greeley Hospital are the foundation of both the wrongful death claim and any parallel survival action. Because Windsor has no hospital of its own, patients from Windsor-area crashes travel to these facilities, and records may also reflect a transfer to a Denver-area Level I center when injuries exceed what a closer facility can manage. We obtain every record, every imaging study, and every bill from every facility involved. We retain medical experts to translate those records into evidence a Northern Colorado jury can understand and act on.

  3. Determine whether a government entity is involved and identify the 182-day notice deadline

    If a CDOT maintenance failure at the I-25/CO-392 interchange at Exit 262, a Weld County vehicle, a Larimer County vehicle, a Town of Windsor employee, or any other government actor contributed to the death, the 182-day notice of claim requirement under C.R.S. 24-10-109(1) runs from the date of discovery of the injury, not the date of the death. That clock is separate from and shorter than the two-year wrongful death statute of limitations. We identify every potentially liable government party at the outset, because missing the notice deadline closes that avenue of recovery permanently.

  4. Confirm who holds standing and determine the correct court

    Because Windsor sits across two counties, two questions must be resolved immediately: who holds the right to file a wrongful death claim, and which court governs the claim. The First Year Rule means we need to know right away whether a surviving spouse exists and whether they intend to file. We also need to determine whether the incident occurred on the Weld County side, pointing to the 19th Judicial District in Greeley, or on the Larimer County side, pointing to the 8th Judicial District in Fort Collins, so the lawsuit is filed in the correct venue from the start.

  5. Build the full economic damages picture

    Economic damages are uncapped in a Colorado wrongful death case and frequently represent the majority of the claim's total value. We work with forensic economists to project lost income and benefits over the remaining work-life expectancy of the deceased, calculate the present value of those future losses, and document all other economic categories including the value of household services and the pre-death medical bills belonging to the survival action. No category is left out before we open a settlement discussion.

  6. Negotiate or litigate in the correct Northern Colorado district

    Most wrongful death claims resolve through settlement or mediation once the insurer understands we are genuinely prepared to try the case. When an at-fault party's insurer refuses to pay the full value of the claim, we file in the correct court, either the Weld County District Court at 901 9th Ave. in Greeley or the Larimer County District Court at 201 LaPorte Ave. in Fort Collins, and try your case in front of a Northern Colorado jury. We handle the distribution hearing as well, working to ensure a fair allocation of the recovery among all eligible survivors.

Questions

Windsor wrongful death, frequently asked questions

How long does a Windsor family have to file a wrongful death claim?

The general wrongful death filing deadline in Colorado is two years from the date of death (C.R.S. 13-80-102). If any government entity contributed to the death, such as a CDOT crew responsible for the I-25/CO-392 interchange at Exit 262, a Weld County vehicle, a Larimer County vehicle, or a Town of Windsor employee, a separate written notice of claim must be served within 182 days of discovering the injury under C.R.S. 24-10-109(1). That government notice clock runs from the date of discovery, not the date of death, and missing it bars the claim against that entity permanently. Both clocks must be tracked at the same time, and the standing hierarchy described above adds a further internal timeline. Contact an attorney immediately after a wrongful death in Windsor to make sure every deadline is identified and protected.

Which court would a Windsor wrongful death lawsuit be filed in?

The answer depends on where in Windsor the incident occurred. Windsor sits primarily in Weld County, with a portion extending into Larimer County. A wrongful death lawsuit from an incident on the Weld County side is filed in the 19th Judicial District at the Weld County District Court, 901 9th Ave., Greeley, CO 80631. A lawsuit from an incident on the Larimer County side is filed in the 8th Judicial District at the Larimer County District Court, 201 LaPorte Ave., Fort Collins, CO 80521. These two courts operate differently, draw from different county jury pools, and involve different local procedures and defense counsel. Determining the correct venue early is one of the first things we do in a Windsor wrongful death engagement.

My spouse was killed in a crash at the I-25/CO-392 interchange. Can I still recover if the insurer says my spouse was partly at fault?

Yes, in most cases. Under Colorado's modified comparative fault rule (C.R.S. 13-21-111), a surviving family can still recover as long as the deceased was found to be less than 50 percent at fault. The total award is reduced by the deceased's percentage of fault. If the deceased is found to be 50 percent or more at fault, the claim is barred entirely. Insurers routinely try to inflate the fault percentage attributed to the person who died because doing so can reduce or eliminate what they owe the family. At the I-25/CO-392 interchange, where merge conflicts and interchange geometry can leave the fault picture unclear, having an attorney who can challenge the fault assessment with road engineering data and reconstruction evidence is one of the most valuable things we do for a Windsor family.

What is the solatium election and should a Windsor surviving spouse choose it?

Solatium under C.R.S. 13-21-203.5 lets a surviving spouse, and in some cases parents, elect a fixed statutory payment of $135,990 for grief and loss of companionship rather than proving those losses through contested evidence at trial. The appeal of solatium is privacy: a traditional non-economic damages claim exposes the relationship to invasive defense discovery, including depositions about the quality of the marriage and subpoenas for private communications. Solatium bypasses all of that. Electing solatium does not reduce economic damages, which remain fully recoverable and uncapped. Whether to elect solatium or pursue full non-economic damages before a Northern Colorado jury depends on the specific facts of the case. We present that decision clearly so Windsor families can choose with full information.

Does CGH Injury Lawyers have an office in Windsor?

No. CGH Injury Lawyers has one office, at 2701 Lawrence St., Suite 201, Denver, CO 80205. We do not have a Windsor office. We serve Windsor and all of Weld and Larimer County from Denver, file wrongful death lawsuits in the appropriate Northern Colorado courthouse, and meet families wherever is most convenient for them. Call us at (303) 209-9395 for a free, confidential consultation.

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

A wrongful death claim is brought by the surviving family members for the losses they personally experienced: lost financial support, loss of companionship, grief, and emotional suffering. The eligible family members control the claim. A survival action is brought on behalf of the deceased's estate for losses the deceased personally suffered before death: pre-death medical bills from UCHealth Medical Center of the Rockies, UCHealth Greeley Hospital, or other treating facilities, wages lost during the period between the injury and the death, and pain and suffering the deceased endured. Proceeds from the survival action flow through the estate and are distributed under the will or under Colorado intestacy law. Both claims can be filed together in the appropriate Northern Colorado court to capture every available category of recovery.

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