COLORADO SPRINGS WRONGFUL DEATH ATTORNEY

Fighting For Those Who Have Lost Loved Ones Due to Negligence in Colorado

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 are experienced in wrongful death suits, we are usually asked about 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

What is the Statute of Limitations for Wrongful Death Claims in Colorado?

Our state's wrongful death statutes are found in CRS 13-21-201. According to the law, claimants generally 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 helps prevent lawsuits from being filed so long after the incident that evidence and witness memories are no longer reliable. It also encourages families to take action while crucial documents and testimony are still available.

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.

Who Is Eligible To File For A Wrongful Death Claim In Colorado?

In Colorado, state law explicitly outlines who is eligible to file a wrongful death claim. During the first year following the death, the deceased's spouse holds the exclusive right to initiate a wrongful death lawsuit. If there is no surviving spouse, this right then extends to the deceased's children.

During the second year following the death, both the spouse and the children have the right to file a wrongful death claim. If neither a spouse nor children exist, the deceased person's parents may file the claim. If there are no immediate family members, a designated representative of the deceased’s estate can bring forth the claim on behalf of any beneficiaries.

Understanding these timelines and who can file is crucial for ensuring that your case is handled correctly and efficiently. Consulting with experienced wrongful death attorneys in Colorado Springs can help you navigate this complex legal landscape. A knowledgeable Colorado Springs wrongful death lawyer will ensure that all necessary parties are identified and that the claim is filed within the statutory deadlines.

Calculating Damages in Wrongful Death Cases

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.

How Our Firm Handles Wrongful Death Cases

When you contact us after a fatal accident, we begin by learning as much as we can about your loved one, the circumstances of the incident, and how the loss has affected your family. From there, we gather police reports, medical records, and witness statements, and when appropriate, we consult with outside professionals such as accident reconstructionists or medical professionals. By building a thorough picture of what happened, we can present a clear, well-supported claim to the insurance company or, if needed, to a judge and jury at the El Paso County Combined Courts in Colorado Springs.

Throughout the process, we aim to relieve as much of the legal burden from your shoulders as possible so that you can focus on grieving and taking care of your family. We keep you updated on every development, explain each option in plain language, and answer questions about strategy, timelines, and potential outcomes. Families who need a wrongful death attorney Colorado Springs can turn to us for guidance on dealing with insurance adjusters, responding to requests for information, and preparing for mediation or trial, all while respecting the pace and level of involvement that feels right for them.

Seek Justice for Your Loved One With Skilled Colorado Springs Lawyers

The loss of a loved one caused by another's negligence is an incredibly painful ordeal. Our empathetic team of wrongful death lawyers in Colorado Springs is committed to advocating for justice for families who have endured such a tragedy. We recognize the emotional and financial challenges that accompany this type of loss, and we are here to offer the support and legal guidance you require during this trying period.

When families come to us after a fatal crash on I-25, an incident on Powers Boulevard, or a medical event at a local Colorado Springs hospital, we take time to listen to their story and explain how the law applies to their situation. We can walk you through how insurance companies, opposing counsel, and even the court at the El Paso County Combined Courts may evaluate the claim, so you understand what to expect at each step. By working closely with you, we help you make informed choices about whether to pursue settlement, mediation, or litigation while keeping your goals and your well-being at the center of every decision.

When you choose Clawson & Clawson, LLP, you can expect:

• Experienced and dedicated legal representation
• Compassionate and personalized attention to your case
• Thorough investigation and preparation for your wrongful death claim
• Aggressive advocacy for maximum compensation

Our objectives are to hold the guilty parties accountable and obtain the just recompense for your loss. To discuss your case and arrange a consultation, get in touch with our Colorado Springs wrongful death attorneys right now.

Contact Our Wrongful Death Attorneys in Colorado Springs Today

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.