Colorado Springs Wrongful Death Attorney

Did you lose a loved one in an accident?

Family members who have lost loved ones in accidents can sometimes recover compensation through a wrongful death lawsuit. Similar to personal injury actions, wrongful death lawsuits are filed against an individual or group at-fault for the victim's fatal accident.

Filing a Wrongful Death Claim in Colorado

Until one is faced with the realities of filing a wrongful death claim in Colorado, it is not something that is usually "top of mind". If you are facing the loss of a loved one and considering this type of legal action, there are some very important questions that must be answered before you move forward.

As Colorado attorneys who specialize in wrongful death suits, we are usually asked about case eligibility first, as each state has different requirements about who is eligible to file a wrongful death claim. Most of the time, the deceased person's heirs are able to seek financial damages for their loss, which would include parents, children, siblings, and spouses.

Under Colorado Revised Statute (C.R.S.) 13-21-2002, you may have a legitimate wrongful death claim if:

• A person was killed,
• The death occurred as a direct or indirect result of someone else's negligence or intentional wrongdoing, and
• The surviving family has suffered a financial loss as a result of the death

It is incumbent upon the claimant in these cases to prove that the deceased party died because of the negligence, recklessness or illegal behavior of another person, and that the damages they seek are a direct result of their loved one's death. This could be interpreted as monetary loss, such as income from a job, that has been incurred because of the death, but it can also be manifested in other ways.

Common Causes of Wrongful Death

Wrongful death claims can arise in relation to a wide range of fatal accidents and injuries, including:

• Car accidents
• Aviation accidents
• Motorcycle accidents
• Bicycle accidents
• Pedestrian accidents
• Medical malpractice
• Truck accidents
• Dangerous products
• Construction accidents
• Drowning accidents

Colorado Wrongful Death Statute of Limitations

Our state's wrongful death statutes are found in CRS 13-21-201. According to the law, claimants have two years from the date of injury/death to file a lawsuit. There is a time limit for a few different reasons. This statute protects against unnecessary lawsuits that can cost defendants thousands and even millions of dollars. Second, this time limit also helps the plaintiff. By filing a wrongful death action close to the time of the actual event, there is a better chance for recovering accurate and thorough evidence against the defendant(s).

There are some exceptions to the two-year statute of limitations. For example, the discovery rule and tolling statute of limitations. The discovery rule is sometimes applicable in wrongful death cases when an individual is not aware of an injury or illness. This could be the case in work-related mesothelioma due to asbestos exposure. Even if a worker was exposed to asbestos 15 years ago, but just discovered that they have terminal mesothelioma, the discovery rule could cause the statute of limitations to start at the date the illness is discovered.

Tolling statute of limitations refers to an incident that can "pause" the statute from running for a certain period of time. One of the most common reasons for a tolled statute of limitation is when the victim is a minor or is mentally incompetent. If you are unsure how long you have to file your wrongful death lawsuit, please discuss this with a Colorado Springs wrongful death attorney at our firm directly.

Wrongful Death Damages

You may be wondering how much the average wrongful death claim is worth. The answer is almost never the same due to the variety of different factors present in each case.

The value of your claim can be calculated based on the following:

• Injury/illness-related medical expenses
• Funeral expenses
• Loss of benefits such as insurance benefits
• Loss of companionship and other noneconomic damages
• Punitive damages (paid by the defendant as a penalty for their wrongful actions)

While we understand that no amount of money can fully repair the devastation of losing a loved one, our goal as wrongful death attorneys is to hold all negligent parties accountable and ensure that justice is served.

Wrongful Death Lawyers in Your Area

At Clawson & Clawson, LLP, we have offices in Colorado Springs, Parker, and Pueblo. Our personal injury and wrongful death lawyers represent clients throughout El Paso County and beyond in an effort to obtain justice on behalf of accident victims and their families. We bring more than 100 years of collective experience and proven results in settlements and verdicts.