Wrongful Death Attorney in Pueblo

More Than 100 Years of Combined Trial Experience for Pueblo Families

When negligence or intentional wrongdoing causes a death, a wrongful death claim can seek compensation for the losses survivors endure. At Clawson & Clawson, LLP, we represent Pueblo families in these civil claims by investigating what happened, documenting their losses, negotiating with insurers, and litigating when needed.

These claims can arise from fatal motor vehicle collisions, including 18-wheeler crashes, or negligent medical care. Workplace incidents, unsafe property conditions, and other wrongful conduct may also support a claim. The death must have resulted directly or indirectly from that conduct, and the survivors must have sustained a financial loss. Our trial experience spans personal injury, family law, and criminal defense.

Call (719) 602-5888 for a free initial case evaluation with our wrongful death attorneys serving Pueblo, Colorado.

Who Can File a Colorado Wrongful Death Claim?

Eligibility depends on the claimant’s relationship to the deceased and how much time has passed. The surviving spouse generally holds the right to bring the claim during the first year after the death (C.R.S. § 13-21-201). The spouse may make a written election allowing the deceased person’s heirs to join or bring the claim.

During the second year, the surviving spouse and heirs may bring the action. Heirs generally include children, or parents when the deceased left no children. If there’s no surviving spouse, children may be eligible to file, followed by parents when there are no closer qualifying relatives. When immediate family is absent, whether an estate representative may pursue a claim for beneficiaries depends on the specific circumstances.

Colorado Filing & Notice Deadlines

Colorado wrongful death claims generally must be filed within two years of the date of death. A four-year period may apply when a death resulted from vehicular homicide and the driver left the scene (C.R.S. § 13-80-102(1)(d) and (2)). Whether that exception applies depends on the facts and applicable legal findings.

A claim involving a Colorado government entity generally requires written notice within 182 days (C.R.S. § 24-10-109). This requirement is separate from the deadline for filing a lawsuit. Prompt review can identify the controlling dates, required notices, and evidence that should be preserved.

Compensation Available in a Wrongful Death Claim

Recoverable damages depend on the circumstances of the death, the losses involved, and the available evidence. Punitive damages are intended to punish especially wrongful conduct rather than compensate for a loss, and they may be available in qualifying cases.

Potential damages may include:

• Medical expenses connected to the final injury or illness.
• Funeral and burial expenses.
• Lost income and employment benefits.
• Loss of companionship and other noneconomic losses.
• Punitive damages when permitted by law.

For claims accruing on or after January 1, 2025, C.R.S. § 13-21-203(1)(a) caps wrongful death noneconomic damages at $2,125,000. Deaths before 2025 are governed by the earlier certified limit. The cap doesn’t apply when the death resulted from a felonious killing, but that exception depends on the legal and factual circumstances.

How Comparative Fault Affects Compensation

Colorado uses modified comparative fault, which measures each party’s share of responsibility. Damages are reduced by the deceased person’s assigned percentage of fault. Recovery is barred if that share reaches 50% or more, making evidence about how the incident happened particularly important.

Wrongful Death & Survival Actions

A wrongful death action addresses losses suffered by surviving relatives. A survival action concerns certain losses the deceased incurred before death. It may include pre-death lost earnings and expenses, but it excludes the deceased person’s pain, suffering, disfigurement, and prospective earnings after death.

How We Build a Pueblo Wrongful Death Case

We begin by learning about the deceased person, the incident, and its effects on the family. Our investigation can include police or collision reports, medical records, witness statements, employment information, benefits records, and documents showing financial losses. When appropriate, we consult outside professionals such as accident reconstructionists, who analyze physical evidence to determine how a collision occurred.

We then present the supported claim to the responsible parties and insurers. Negotiation and litigation require different evidence and procedural steps depending on disputed responsibility, the parties involved, and the available coverage. If court proceedings become necessary, Pueblo County civil matters are heard in Pueblo Combined Court, part of Colorado’s 10th Judicial District.

Our prior results include an $800,000 award arising from an 18-wheeler collision and automobile crash settlements of $240,000, $400,000, and $550,000. These documented past outcomes don’t predict the result of another case. We evaluate each claim on its own evidence and prepare for court when needed.

Request a Free Wrongful Death Case Evaluation

We’ve served clients throughout the region since 1971, including families in Colorado Springs, Pueblo, and Parker. During a free initial evaluation, we can review the circumstances and explain the legal rights that may apply.

Information that can assist the initial evaluation includes:

• The date and circumstances of the death.
• Available reports or medical records.
• The known parties involved.
• Communications received from an insurer.

Every document doesn’t need to be available before the evaluation begins. Information may also be shared through our contact form.

Call (719) 602-5888 to speak with our wrongful death lawyer serving Pueblo and request your free initial case evaluation.