When Negligence Takes a Life, the Law Provides a Path Forward
No legal result will undo what happened to your family. But a wrongful death claim can hold the responsible parties accountable, protect your family’s financial future, and ensure that your loved one’s life is not reduced to someone else’s cost of doing business. Jordan Law has the trial experience and the compassion to walk with you through this.
If someone you love died because of another person’s negligence, recklessness, or intentional act, Colorado law gives your family the right to pursue a wrongful death claim. This is a civil action — separate from any criminal proceedings — that seeks to compensate surviving family members for their losses and hold the responsible parties accountable.
Wrongful death cases arise from many circumstances: car accidents, truck collisions, motorcycle crashes, drunk driving, medical malpractice, defective products, workplace accidents, premises liability incidents, nursing home neglect, and criminal acts like assault and homicide. In Colorado, 684 people were killed in traffic crashes alone in 2024. Each one of those deaths left a family searching for answers, facing unexpected expenses, and trying to find a path forward.
At Jordan Law, we’ve represented families through wrongful death claims involving some of the most difficult circumstances imaginable — from a 19-year-old killed when a defective car door opened during a rollover, to a man who died after being restrained by hospital security guards, to families devastated by drunk drivers and trucking company negligence. We understand that no amount of money replaces the person you lost. But we also know that financial security, accountability, and the truth about what happened matter enormously to grieving families.
“I think the money side of things, yeah, it’s great. But for me it’s okay — what made the case worth that kind of money? The injury. The maybe the conduct as well, but really it’s the injuries. When they’re crying and when they’re texting me videos of using their hands again and working through therapy — that’s a great feeling. You realize you did that. We did that. That’s the rewarding part, really.”
Jason Jordan, Esq. – Founding Partner, Jordan Law
For a free legal consultation with a wrongful death lawyer serving Denver, call (303) 465-8733
Colorado’s Wrongful Death Damages Cap — What Changed in 2025
Understanding Colorado’s damages cap is critical in any wrongful death case, because it directly affects how much your family can recover. In 2024, the Colorado legislature passed HB 24-1472, which significantly increased the limits on wrongful death damages effective January 1, 2025.
The New Cap: $2.125 Million for Noneconomic Damages
For wrongful death claims filed on or after January 1, 2025, the cap on noneconomic damages — grief, loss of companionship, emotional suffering, and pain — increased to $2.125 million. This is a dramatic increase from the previous cap of approximately $680,000. Starting in 2028, the cap will be adjusted every two years for inflation.
There is no cap on economic damages. Medical expenses incurred before death, funeral costs, the deceased person’s lost future income, and the value of services they provided to the family are all recoverable without limit.
The Felonious Killing Exception: No Cap at All
When the death was caused by a felonious killing — meaning the responsible person’s conduct constituted a felony, such as vehicular homicide, DUI manslaughter, assault, or murder — Colorado’s wrongful death cap does not apply. The family can pursue unlimited noneconomic damages, including exemplary (punitive) damages. This exception can mean the difference between a capped recovery and a multi-million-dollar verdict.
“It comes down to the cap, right? Like it’s easy to posture and say we don’t think you’re going to get felonious killing. Well, we rested our case and they only had two experts the next day and then we were going to close — and it settled during lunch right after we rested.”
Jason Jordan, Esq. – Founding Partner, Jordan Law
Jordan Law has extensive experience litigating felonious killing claims. In a recent case involving a man who died after being restrained by hospital security guards, Jason Jordan’s team built the conscious disregard evidence needed to establish felonious killing — getting each security guard to acknowledge on the stand that their actions were unjustifiable and that they knew their training prohibited what they did. The case resolved for a confidential amount during trial, after the defense saw the evidence coming in.
$2.125M
Siblings Can Now File Wrongful Death Claims
Another important change under HB 24-1472: siblings of the deceased can now bring a wrongful death action in certain circumstances. Previously, only the spouse, children, and parents of the deceased had standing to file. This expansion recognizes that the loss of a sibling can be just as devastating as any other family loss.
Who Can File a Wrongful Death Claim in Colorado
Colorado law establishes a strict priority order for who can bring a wrongful death action, and when:
Year one (first 12 months after death): Only the surviving spouse has the right to file. During this year, the spouse has exclusive standing to bring the claim.
Year two: If the spouse has not filed, surviving children or designated beneficiaries may file. Parents of the deceased may also file in certain circumstances.
Siblings (new under 2024 law): Siblings of the deceased may now bring a wrongful death action in certain circumstances under the amendments enacted by HB 24-1472.
Estate representative: If no eligible family member files within the allowed time, the personal representative of the deceased’s estate may bring the claim.
Two-Year Deadline — Act Quickly: Colorado’s statute of limitations for wrongful death is two years from the date of death — one year shorter than the three-year deadline for personal injury claims. In felonious killing cases, the deadline may extend to four years. Missing this deadline typically means losing the right to pursue compensation entirely. Contact an attorney as soon as possible to protect your family’s rights.
Denver Wrongful Death Lawyer Near Me (303) 465-8733
Common Causes of Wrongful Death in Colorado
Wrongful death claims arise whenever someone’s negligence, recklessness, or intentional conduct causes another person’s death. Jordan Law has handled wrongful death cases involving:
Motor vehicle accidents — car crashes, truck collisions, motorcycle accidents, and pedestrian deaths. Traffic fatalities are the most common source of wrongful death claims in Colorado, with 684 people killed on state roads in 2024.
Drunk driving — when an impaired driver kills someone, the surviving family can pursue both a wrongful death claim and, in many cases, a felonious killing claim that removes the damages cap. Dram shop liability may also apply if a bar or restaurant over-served the driver.
Defective products — vehicles with design defects, faulty safety equipment, dangerous drugs, and defective consumer products. Jordan Law has handled product liability wrongful death cases against major manufacturers including a case involving a Hyundai with a defective door cable design that caused a 19-year-old passenger’s death during a rollover.
Medical malpractice — surgical errors, misdiagnosis, medication errors, and failures in hospital care. Medical malpractice wrongful death claims have their own separate damages schedule under Colorado law, with caps incrementally increasing through 2029.
Premises liability and negligent security — deaths caused by hazardous property conditions, inadequate security, or the violent acts of others on someone else’s property. Jordan Law recently tried a case involving a man who died after being physically restrained by hospital security guards who used excessive force.
Workplace accidents — construction site deaths, industrial accidents, and occupational injuries. Colorado reported 96 fatal workplace injuries in 2021, a 23% increase over the prior year.
Nursing home abuse and neglect — deaths resulting from inadequate care, medication errors, falls, and abuse in nursing homes and assisted living facilities.
“I find brain injury cases are oftentimes difficult in the sense of just the ability to communicate with your client. But in general, dealing with trauma and dealing with your clients — earlier in my career, I’d find myself where I would take it home a lot, thinking about it at night and it would really bother me. Nowadays it still does, there’s no question, but I think I’m able to kind of leave it at the front door when I come home to the family. But it’s hard not to think about your clients and what they’re going through.”
Jason Jordan, Esq. – Founding Partner, Jordan Law
Compensation Available in Colorado Wrongful Death Claims
Colorado wrongful death damages fall into three categories:
Economic Damages (No Cap)
Economic damages compensate the family for the financial impact of their loved one’s death. There is no cap on economic damages in Colorado. These include funeral and burial expenses, medical expenses incurred before death (emergency care, hospitalization, surgery), the deceased’s lost future income and earning capacity over their remaining working life, the value of household services and caregiving the deceased provided, and any other quantifiable financial losses.
Noneconomic Damages (Capped at $2.125M — or No Cap for Felonious Killing)
Noneconomic damages compensate the family for the emotional and relational impact of the death: grief, sorrow, loss of companionship, emotional distress, loss of guidance and mentorship (especially important when a parent dies), and pain and suffering experienced by the surviving family. For claims filed after January 1, 2025, these damages are capped at $2.125 million — unless the death constitutes a felonious killing, in which case there is no cap.
Exemplary (Punitive) Damages
In cases involving fraud, malice, or willful and wanton misconduct, the court may award exemplary damages designed to punish the responsible party and deter similar conduct. Punitive damages in Colorado are generally capped at an amount equal to the compensatory damages awarded, though the court has discretion to increase this amount in certain circumstances.
Wrongful Death Claims vs. Survival Actions
A wrongful death claim compensates the surviving family for their losses. A survival action is a separate legal mechanism that recovers damages the deceased person would have been entitled to had they survived — including pain and suffering experienced between the injury and death, medical expenses, and lost wages during that period. Both can be filed simultaneously, and doing so often results in greater total compensation. Damages recovered through a survival action become part of the deceased person’s estate.
“If we lose the case, we don’t seek those costs after our client. We don’t go after our client for those costs. So we’re taking a huge risk that we won’t win the case. But we’re confident. We’re comfortable in courtrooms. We command respect with insurance agents. And we’re always making sure we’re doing as much as we can for our clients.”
Jason Jordan, Esq. – Founding Partner, Jordan Law
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How Jordan Law Approaches Wrongful Death Cases
Wrongful death cases require a combination of legal expertise, investigative resources, and genuine compassion. Our approach is built around both.
Immediate Investigation and Evidence Preservation
Critical evidence can disappear quickly after a death — surveillance footage, vehicle data, medical records, workplace conditions, and witness memories all degrade with time. We begin investigation immediately, sending preservation demands and retaining experts as needed. In product liability wrongful death cases, securing the vehicle or product before the other side can alter or destroy it is essential.
“We first isolate the vehicle and we do it in a way with a good chain of custody so there’s no spoliation type issue later, and we just look at it — no destructive anything, photographs, whatever we need to do before we notify the other side. And then we conduct an actual investigation. I had one case where the phone rings and the expert calls up and says, “This is litigation gold.” The tire two tires back was going to blow within two or three minutes the same way the one up front did, and it was nine tires later off the same assembly line. Just by looking into it and storing the vehicle, all of a sudden the case has become something potentially much different.”
Jason Jordan, Esq. – Founding Partner, Jordan Law
Building the Case for Maximum Value
In wrongful death cases, establishing the full value of the life lost is critical. This means documenting the deceased’s earning capacity, the financial and emotional contributions they made to their family, the cost of replacing their household services, and the depth of the relationships that were severed. We work with economists, vocational experts, and grief counselors to present the complete picture of what your family has lost.
Pursuing Every Available Source of Compensation
We review every insurance policy that may apply — the at-fault party’s liability coverage, commercial policies, your loved one’s UM/UIM coverage, employer policies, and any umbrella coverage. In many wrongful death cases, multiple sources of insurance are available, and identifying all of them can dramatically increase the total recovery.
Preparing for Trial
Insurance companies and corporate defendants negotiate wrongful death cases differently when they know the other side has genuine trial experience. Jordan Law’s track record of taking cases to verdict — and winning eight-figure results — is what creates the leverage needed to achieve fair settlements. When a fair settlement isn’t offered, we’re prepared to go to trial.
“You have to really know your case inside, out, and backwards. And you have to believe in it. You really have to believe in your case. If you don’t, if you don’t have that credibility or authenticity of what you’re saying — that you actually truly believe deep down inside — it’s going to come across that way and you’re going to get skewered. You’re going to get hurt.”
Jason Jordan, Esq. – Founding Partner, Jordan Law
Why Jordan Law for Your Wrongful Death Case
Trial-tested wrongful death experience. We’ve handled wrongful death cases arising from car accidents, truck collisions, product defects, premises liability, medical negligence, and criminal acts. Our results include a $45 million settlement for the wrongful death of a young mother, a $42 million verdict in a motorcycle wrongful death case, and numerous other significant recoveries for Colorado families.
We know how to establish felonious killing. The felonious killing exception removes Colorado’s damages cap entirely, which can mean the difference between hundreds of thousands and millions of dollars for your family. Our team has successfully built felonious killing cases by demonstrating conscious disregard of substantial and unjustifiable risk — the legal standard that eliminates the cap.
We understand the new law. The 2025 changes to Colorado’s wrongful death statute — the increased $2.125M cap, the sibling filing rights, the medical malpractice schedule — require attorneys who are current on the law and know how to maximize recovery under the new framework.
Co-counsel relationships. Approximately 85% of our litigation caseload comes from other law firms who bring us cases for trial preparation and litigation. This co-counsel model means we routinely handle the most complex and highest-value wrongful death cases in the state — cases that other firms recognize they need trial experience to handle.
Compassion and communication. Wrongful death cases are deeply personal. We treat every family with the dignity and care they deserve, while also fighting with the tenacity and preparation these cases demand.
No fee unless we win. We handle wrongful death cases on a contingency fee basis. You pay nothing upfront. If we don’t win, you owe us nothing — we absorb all costs and risk. Consultations are always free.
We represent wrongful death families across Denver, Aurora, Colorado Springs, Fort Collins, Boulder, Grand Junction, and throughout Colorado.
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Our Colorado Location
Our office is located in the Denver Tech Center at 5445 DTC Parkway, Suite 1000, Greenwood Village, CO 80111.
