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.
If you lost a loved one in an accident caused by the negligent, careless
or even criminal actions of another,
contact a Colorado Springs wrongful death lawyer at Clawson & Clawson, LLP today.
Our law firm serves victims and their families in Parker, Pueblo, and throughout
El Paso County.
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
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:
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
Clawson & Clawson, LLP, we have offices in Colorado Springs,
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.
Call us today at
(719) 602-5888 to receive a free initial evaluation of your case so that our firm can
inform you of your legal rights.