Colorado Springs Wrongful Death Lawyers
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Wrongful Death Accidents in Colorado Springs
Experienced Law Firm for Wrongful Death in Colorado Springs
Over a year, more than 13,000 people were killed in accidents in Colorado, many of which were caused by someone else’s carelessness.
Losing a loved one as a result of the negligence or mistake of another person is a tragedy that should be compensated, and an expert Colorado wrongful death lawyer may assist you in obtaining that compensation.
When a loved one passes away, a void is left in your life that no amount of time or money can replace. Trying to replace your loved one’s salary and the services they provided for your family may leave you with huge financial gaps during this trying time. However, you might get financial aid following losing a loved one by filing a wrongful death claim in Colorado.
Were you the victim of someone else’s carelessness in Colorado? If so, you may be entitled to compensation. At Warrior Law, our Colorado Wrongful Death Lawyers are here to listen to your concerns and provide assistance where we can. You may reach us at 719-300-1100 today.
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Attorneys at our Colorado Wrongful Death Law Firm are here to help you with your case.
This is a difficult moment for you and your family, and we at Warrior Law understand that. It’s possible that suing the person or entity responsible for your loved one’s death is the farthest thing from your thoughts.
If you’ve suffered a loss due to someone else’s carelessness or negligence, no amount of money you get will ever be able to make up for what you’ve lost. If your loved one was the principal breadwinner in the family, you’d need money to make ends meet for yourself and your loved ones.
Our Colorado wrongful death attorneys are available to meet with you in person to discuss the details of your case. For your convenience, we provide no-obligation consultations. Most Floridians can readily visit our offices, spread out around the state. It is possible to meet with us online during this period as well.
We’ll listen to your narrative and look into your situation during our initial meeting. Please contact us with any questions or concerns you may have at this time. Our major objective is to assist you in getting through this difficult time and provide you with the assistance and support you need to rebuild your life.
Our Record of Success in Wrongful Death Cases in Colorado
At Warrior Law, we strive to provide empathetic legal help and counsel at every opportunity. One of the reasons we are nationally regarded trial lawyers is our success in Colorado wrongful death cases. Warrior Law, for example, secured a $1 million payment for the family of a father killed in a ride-sharing accident. Even though prior successes cannot guarantee the outcome of your claim, our wrongful death lawyers may bring these benefits to the table:
- The amount of compensation you are due for your loss, as determined by an independent third party. After losing a loved one, it is common to have no clue how much compensation you are entitled to. Take a serious look at how much money your loss deserves. Warrior Law can help you do this. An evaluation of any settlement offer made by the insurance company, which in many situations may not reflect the full damages you receive for your loss, is included in this.
- A person to keep your best interests in mind throughout the claims procedure. Grieving the loss of a close friend or family member may leave you feeling isolated and alone. The person responsible for your loss is trying to transfer the blame as much as possible. The insurance company doesn’t want to take on any more financial responsibility than is strictly required. ” In contrast, having an attorney by your side ensures that you are represented by someone who has your best interests at heart.
- Helping you get as much money as possible for your claim. Many factors might affect the amount of money you get if you submit a wrongful death claim. However, having an expert wrongful death attorney on your side can ensure that the compensation you get is maximized to the fullest extent possible.
Meet with us so we can hear your story. After a loved one passes away, it’s normal to have many questions and worries. We are here to help you and your loved ones through this difficult time.
We wish to relieve you and your family of this burden so that you may devote your time and attention to the things that are most important to you. Since we do everything for you, you don’t have to worry about dealing with insurers or negotiating contracts.
We’ll meet with you to talk about your case and give you straight answers so you can make an informed decision about how to proceed.
Call us at 719-300-1100 or send us an email to speak with a Colorado wrongful death lawyer about your case for free.
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What You Need to Know About Colorado Wrongful Death Claims
A wrongful death lawsuit may soon turn you into a tired person. Legal disputes and lawsuits are the last things on your mind while grieving. An accident resulting in the loss of a loved one in Colorado might leave you with many unanswered questions. At this time, your lawyer will relieve you of the legal difficulties, allowing you to devote your attention to the things that matter most — your family.
An experienced Colorado wrongful death attorney can help you in demonstrating all four legal aspects of the claim, including the following:
- If the at-fault party or parties owed the dead any duty of care under the law, they must be shown negligent to win a Colorado wrongful death lawsuit. Drivers have an affirmative responsibility to use reasonable care and caution while operating their vehicles on public routes, such as when a plaintiff motorcycle rider is struck by a defendant driver’s automobile. Driving in a manner comparable to that of a “reasonable” motorist under identical conditions is required by law.
- Failure to meet the standard of care due to the dead under the circumstances is a necessary element in establishing negligence on the part of any defendant. It is possible that the defendant driver was negligent in causing the death of the motorcyclist by driving through a red light or stop sign and colliding with him or her at a traffic junction if he or she was negligent in causing the accident.
- Suppose a Colorado wrongful death case is successful. In that case, the estate of the dead must be able to establish that the negligent activities of the defendants were responsible for the deceased’s death. If the estate can prove that the death of their loved one would not have happened but for the defendant’s negligent actions, they may be entitled to recover damages from the defendant.
- A mix of lay and expert witness evidence may be used to show damages in a Colorado wrongful death lawsuit. Economic and non-economic damages are available in Colorado wrongful death lawsuits. Further damages are available for emotional and mental distress, as well as the value of assistance and services supplied by the dead. A Colorado wrongful death lawyer may assist you in demonstrating the kind and scope of the estate’s losses.
Who Can Make a Wrongful Death Claim in Colorado?
If every beneficiary had the right to file a wrongful death claim against the same defendant, there would be many unnecessary and redundant lawsuits. The deceased’s spouse, children, and/or parents must be compensated in a wrongful death lawsuit brought by the victim’s representative under Colorado law.
You must be close to the dead to pursue a wrongful death claim in the state of Colorado, and you must have depended on the deceased for assistance. First and foremost, a wrongful death lawsuit must be brought by the deceased’s surviving spouse. This right to sue for wrongful death is passed on to the deceased’s offspring. The parents of the dead might bring wrongful death lawsuits if no spouse or children were left.
Other persons, such as elderly relatives or those who were financially dependent on the dead, may be able to bring a wrongful death claim. If the dead’s family cannot bring a wrongful death claim on his or her behalf, the deceased’s estate may bring a claim for financial compensation to cover the deceased’s medical bills and other funeral costs.
Wrongful death claims may only be made if a family member died because of another person’s negligent actions: someone who had a duty of care to your loved one at the time of the accident but did not take the essential precautions to keep your loved one safe.
How to Bring a Wrongful Death Claim in Colorado
Under Colorado law, numerous procedures must be taken before a wrongful death claim may be filed.
- It is necessary to establish an estate in the dead person’s name.
- To manage the estate, a personal representative must be selected.
- The estate must file a claim or litigation against the party or parties responsible for the decedent’s untimely death.
The victim’s will or other estate planning papers define who will serve as the victim’s representative if one exists. This person must file a claim on behalf of the victim to recover damages from the negligent party who caused the death. Any claim for wrongful death must include the names and connections of all prospective heirs and beneficiaries.
After the case, the personal representative must distribute the estate’s damages to all parties involved, including possible creditors and the estate’s surviving spouse, children, and other relatives. Personal representatives are responsible for figuring out a fair and acceptable way to divide the settlement funds among all parties involved.
If a survivor objects to the distribution, if the settlement affects a juvenile, or if the settlement affects a survivor who is judged incompetent, then court permission is necessary. A personal representative may seek the court’s permission to guarantee that the distribution is not disputed in the future, even though it is not required.
How long does it take to file a wrongful death lawsuit in Colorado?
Several factors go into how long it takes to conclude your case. For straightforward cases, you might expect a settlement in a couple of months. While some instances may take a long time to resolve, others are more complicated and need a lot of time.
Several factors might delay a settlement in this sort of lawsuit, such as:
- Making a personal appointment with a representative.
- Obtaining information about the deceased’s family members.
- Awaiting the findings of the autopsy.
- Making a claim for damages or settling out of court.
- Taking legal action against the other party.
- When a lawsuit first gets underway, discovery entails gathering information from both sides, discussing pertinent documents, and taking depositions of key witnesses.
- The parties can work together in a formal mediation meeting to find a solution.
- Watching the court’s calendar to see when a matter is scheduled to be heard.
- If one of the parties to a lawsuit disagrees with the court’s ruling, they may file an appeal.
Our Colorado wrongful death lawyers are available to meet to understand your case and scenario. After that, we’ll be able to provide you with a more accurate time frame for your case.
Claims for Wrongful Death in the State of Colorado
Wrongful death in Colorado occurs when the victim would have been entitled to compensation had they lived instead of dying due to wrongful conduct, carelessness, default, or breach of contract or guarantee.
These are the most prevalent situations in which people die unnecessarily:
- Incidents involving premises responsibility. For those 65 and older, heart disease is the second leading cause of mortality.
- Accidents involving automobiles are also included. In a year, 3,000 people were killed in car accidents. When drivers break traffic rules or regulations, such as speeding or failing to observe traffic signals, they are guilty of carelessness. Accidents involving motor vehicles are regrettably prevalent in Colorado, owing to the state’s extensive network of fast roads and highways. Accidents involving cars might give rise to wrongful death claims when one of the drivers is killed because of the other driver’s carelessness. Most of these incidents include driving under the influence of alcohol, speeding, distracted driving, or recklessness.
- Mishaps involving pedestrians. In 2018, there were over 6,000 pedestrian fatalities. Motor vehicle drivers are typically at blame for pedestrian accidents.
- The Bureau of Labor Statistics reported that more than 300 people were killed in the workplace in Colorado in a year. Accidents involving transportation and slip-and-falls account for the majority of these injuries. Several other factors were also to blame, including exposure to dangerous chemicals or conditions and interaction with items and equipment.
- Misconduct by a doctor More than 250,000 Americans die each year due to medical mistakes, making it the third-largest cause of mortality in the United States.
- Accidents involving defective products. The Consumer Product Safety Commission maintains catalogs of recalled items and their dangers.
Other types of wrongful death lawsuits in Colorado include:
- Accidents on construction sites are also a concern.
- Premises liability incidents
- Neglect in nursing homes
- Birth defects.
To bring a wrongful death lawsuit in Colorado, you must locate the person or persons responsible for losing your loved one. It’s not uncommon for wrongful death lawsuits to be brought against many parties.
This is particularly true when it comes to car accidents and medical malpractice cases. Several parties may have caused your loved one’s death, and you may be entitled to financial compensation if you consult with an experienced Colorado wrongful death lawyer.
Wrongful Death Compensation in Colorado
The amount of compensation you may get may vary for the wrongful death of a loved one. Personal injury protection insurance, for example, may only pay you $5,000 if you lose a loved one in an automobile accident.
Policy limitations may affect the payout from a driver’s insurance provider. Businesses and truckers, for example, may get policies with greater limits of liability protection. A lawyer can help you understand what to include in your wrongful death claim when filing it.
Included in most packages are the following items:
The absence of a source of income for you or a close family member. As a result of losing your principal income, you may find yourself figuring out how to pay your expenses. A family’s principal source of income, whether a spouse or parent, may still be a significant source of finances, without which you may struggle to pay your bills and keep up with other routine obligations.
Parents who have lost an adult child may have received substantial financial assistance from the dead, allowing them to cover medical expenditures or housing costs. A family’s finances might be severely strained if one member of the household loses his or her job.
A wrongful death lawsuit may not provide you with the money you need to spend the remainder of your life without financial assistance from your deceased loved one. A surviving spouse may, however, be given the time they need to return to school or find a new profession while still taking care of the family’s financial needs
Your loved one’s absence from your life. Though they may not have contributed materially, relatives may have greatly impacted their families. In many circumstances, the services provided by a family member might be more valuable than his or her cash compensation.
Consider the following services that your loved one provided for the family in consultation with our attorneys:
- It is possible to save thousands of dollars a year by caring for preschool-aged children full-time at home. After-school care is sometimes necessary for older children who are still in school, even if their main caregiver works long hours and there is no other option.
- Taking care of aged relatives. To prolong their time spent in their own homes, many elderly family members depend on the help of others. Caregiving may take many forms, from light housekeeping and yard work to weekly meals and visits to check on a loved one in their golden years. A senior loved one may have been able to continue at home with the primary assistance and care offered by the dead, saving the family money on a stay in an assisted living facility or nursing home.
- Cleaning up after oneself in the garden. The expense of just mowing a yard may go as high as $61 per visit from a lawn service provider. The expense of a bigger yard might be substantially greater. The expense may be significantly higher when you have to pay someone to come in and take care of more substantial upkeep, such as keeping up with the flower beds or maintaining trees and bushes.
- Household chores and repairs. When you have a family member who can come in and take care of little repairs around the home, it saves you a lot of money. However, if the individual in charge of these responsibilities leaves, you may have to employ someone to take their place. If you live in an older house, these expenses may add up rapidly.
- Cleaning services for your home. The amount of time and work that goes into keeping the house clean and orderly may not be apparent until the person in charge of doing so passes away. You may consider hiring a professional housecleaner to ease some of the burdens of maintaining a home.
- Cooking for one’s family is a rewarding experience. Many families spend a lot of time shopping, cooking, and cleaning up after themselves. You may find it difficult to feed your family if you lose the individual in charge of most of these responsibilities. It’s possible to make up for it momentarily by dining out, but it adds another expense to your already-stressed financial resources.
Bereavement is characterized by the absence of your loved one’s company, support, and guidance. Grieving the death of a loved one may have a profound effect on every aspect of your life.
Lost parental guidance and support may leave children feeling alone and isolated from those who should have been their primary source of guidance and support throughout their lives.
After the death of a spouse, the surviving spouse may find it difficult to adjust to life on their own since their goals and ambitions had previously been centered upon the dead.
All of the goals and dreams linked with that kid are lost when a parent loses a child, and they also lose a source of support as they age. Even while a wrongful death lawsuit can’t replace the loss of your loved one’s companionship in your life, it may provide you with the money you need to go ahead.
Pre-death costs for a loved one of yours. When someone you care about dies as the result of the negligence of another party, you may be entitled to compensation via a wrongful death lawsuit. You may be able to spend some time with your loved ones before they die. During this time, your loved one may raise a lot of medical debt.
For example, the daily cost of a hospital stay may reach about $4,000; if your loved one has many operations or treatments for recuperating from the injuries, the cost will only rise further.
Before death, the sorrow and suffering of your loved one. Long before his or her death, your loved one may have endured a great deal of pain and suffering, both from the injuries that ultimately resulted in his or her death and from the emotional anguish he or she felt because of their limitations, inability to provide for their family, or the knowledge of his or her impending death.
You may be able to recover damages for your loved one’s agony and suffering before his death as part of a wrongful death lawsuit.
The Statute of Limitations for Wrongful Death Claims in Colorado
Claims and lawsuits may be brought only within a certain period if a statute of limitations protects them. There are several reasons why witnesses may not be accessible to testify if a case is left unattended for an extended period. The quick settlement of disputes is facilitated by imposing time limits on the filing of lawsuits.
Wrongful death cases in Colorado typically have a statute of limitations two years after the deceased’s death. Unless there are exceptional circumstances, this is a hard and fast deadline in most situations.
For example, the estate may be permanently precluded from making a claim or lawsuit—or pursuing monetary compensation—at any time in the future if a wrongful death claim or a lawsuit is not submitted within the appropriate statute of limitations.
The statute of limitations for most Colorado wrongful death claims is two years, which means that any action must be taken within two years after the victim’s death.
There are a few exceptions to the two-year statute of limitations:
- A criminal and civil investigation are typically involved when a person is killed. To find the person responsible for the crime, a criminal investigation may take considerable time. The statute of limitations will not begin to run until the accountable person has been identified or detained. Therefore a civil lawsuit cannot commence until the defendant has been identified.
- Wrongful death lawsuits against government entities are limited to four years under the statute of limitations. Navigating bureaucratic protocols and red tape while attempting to recover from a government body is daunting.
- The deceased’s estate’s representative should not hesitate to file a wrongful death lawsuit since time is of the essence. Depending on the circumstances of your case, Warrior Law’s Colorado wrongful death lawyers may assist you in identifying the applicable statute of limitations. Wrongful death claims and lawsuits will be filed on time.
FAQ on Colorado Wrongful Death Cases
Grieving the death of a loved one is a difficult experience. For reasons you may not have anticipated or planned, it comes with emotional and financial obligations. Although every loss is devastating, dealing with sudden death due to someone else’s carelessness may be considerably tougher.
If someone you care about has died due to the carelessness or malice of another person, it is your responsibility to take legal action against that party. Frequently asked questions about taking a wrongful death claim may be found here.
Negligence, what is it?
Negligence is the failure of a person to act in the same manner as someone of average wisdom would have done in the same situation. Wrongful death lawsuits must include evidence of the defendant’s wrongdoing. Wrongful death cases require showing the defendant had an obligation to the victim and breaking that obligation in a manner that led to the victim’s death for the case to proceed.
Negligence can take many forms: a drunk driver, the wrong prescription of medication by a doctor, a company that neglects to provide workers with adequate safety gear, a company that releases a product without conducting adequate safety testing, and a business owner who fails to remove the danger or warn customers about it.
To prove carelessness, gathering a wide range of evidence is necessary. In a negligence claim, an attorney may aid in determining the strength of the claim and obtain adequate evidence to sustain it.
Are there additional parties to consider when filing a wrongful death claim in Colorado?
Personal representatives and defendants are commonly engaged in wrongful death cases and settlements, although this is not always true. The personal representative is first and foremost responsible for protecting the interests of the deceased’s heirs and any creditors who may have a claim against them.
These third parties shall establish damages and adequate compensation. They have a vested stake in the case’s result and are likely to have strong thoughts to share with the personal representative.
In many cases, insurance firms are also engaged. Let’s look at these scenarios:
- There is a good chance that the defendant’s vehicle insurance will kick in if the victim’s death happened due to an accident.
- If the injury happened at work, the employer’s insurance provider will likely be involved in the settlement.
- Premises liability insurance might protect the property owner if the accident occurred on their premises.
- Medical malpractice insurance is certainly in place if the death was caused by a medical mistake.
When it comes to dealing with nursing homes and wrongful death lawsuits, insurance firms are experts. Avoiding all of the decedent’s beneficiaries’ damages would be in their best interest, as it would be in their own. For those who are personal representatives, personal representatives can assist you in negotiating these connections.
Is there a difference between a Colorado wrongful death lawsuit and a survival suit?
If a lawsuit was pending at the time of the dead person’s death, the estate or family members might bring a “survival action” in Colorado. Personal injury lawsuits may be pursued even if the plaintiff dies before the case is concluded.
For example, the family of a loved one who was seriously wounded in an accident and filed a personal injury lawsuit to collect expenditures and damages might file a survival action to continue to seek damages.
After a vehicle accident, I miscarried. Can I sue the at-fault motorist in Colorado for the death of my loved one?
No. Unfortunately, the death of a fetus in Colorado is not considered a wrongful death. On the other hand, a personal injury case may compensate you for your medical expenditures and the emotional toll of losing a pregnancy in a traffic accident. You may learn more about the legal procedure from an expert lawyer.
At the site of my loved one’s accident, an arrest was made for the individual responsible for the incident. Does this indicate I cannot pursue a wrongful death claim in Colorado?
Arresting someone for a crime is very distinct from filing a civil lawsuit to recover damages for the wrongful death of the decedent’s loved ones, both financially and emotionally.
A claim may be filed even though the person responsible for your injuries is in jail since they are two independent proceedings. Another factor is that the at-fault party’s insurer is often the one to pay out compensation on behalf of their insured, not the at-fault party themselves.
It was an automobile accident that claimed the life of my husband. How much money can I get from PIP, and how much do I have to fight for in a wrongful death lawsuit in Colorado?
Colorado’s mandatory PIP coverage offers a $5,000 death payout for those who die in an automobile accident in the state. Because of this, wrongful death claims may be filed by those who have been seriously injured. A seasoned wrongful death attorney may explore both avenues.
My husband was killed in a job accident. Can I sue their employer in Colorado for wrongful death?
As a general rule, the state’s workers’ compensation program is used to pay for workplace fatalities. Suppose a work-related death occurs within one year of the accident or five years of continuous incapacity. In that case, most businesses must obtain a workers’ compensation insurance policy for their employees. This coverage includes benefits for the survivors.
Up to a maximum of $150,000, the following advantages are available to you:
- Up to $7,500 in compensation for funeral costs.
- Compensation for the family members of the deceased.
- The surviving spouse may access educational benefits.
Survivors of a work-related death may be able to pursue a wrongful death case under certain circumstances.
For example, if a third party, not the victim’s employer or coworker, was responsible for the accident that led to the victim’s death.
- Failure to acquire workers’ compensation insurance for employees as required by law.
What happens if the wrongful death lawsuit in Colorado is settled out of court?
The personal representative has the option of settling the lawsuit out of court rather than going to trial. To minimize the expenses and risks connected with litigation, a personal representative may choose to reach a settlement rather than go to trial.
The parties have two options when it comes to negotiating a settlement:
A lump-sum payment is exactly what it sounds like: a one-time payment. The defendant has agreed to one lump sum payment. Compensation for all damages is paid in a single payment to the surviving family members. This strategy is appropriate when there are substantial urgent costs, such as medical bills.
A lump-sum payout helps the survivors pay off these bills and then utilize the leftover funds to invest and prepare for the future. If the payment is considerable, the defendant may find it more difficult to come up with the money all at once and with little notice if the payment is made in a lump sum.
An agreed-upon payment schedule is used in a “structured settlement,” when the defendant pays the agreed-upon settlement sum in installments. It is more common for a defendant to accept a structured settlement. Unless the surviving family members expect large long-term expenditures due to the victim’s death, this option may be less appealing to them. Changing the terms of a structured settlement is next to impossible.
An attorney can assist you in determining whether or not a settlement offer is reasonable and informing you of any possible long-term consequences.
Is my wrongful death settlement in Colorado taxable?
There is no income tax on most forms of personal injury settlements or awards because of IRS rulings. These funds aren’t taxable income.
In a wrongful death action, only punitive damages may be taxed since they are the outcome of personal harm that resulted in death. Rather than making up for the injury done to the plaintiff, punitive damages are used to penalize the defendant for extremely severe behavior. Because of this disparity, the number of punitive damages may be taxed.
- If you obtain an award including medical expenditures, you’ll have to repay any tax deductions you’ve already taken for medical expenses linked to your injury.
- You may be eligible for compensation if your mental anguish is unrelated to a physical injury.
How might a Colorado wrongful death attorney benefit me?
In civil cases, many individuals are inclined to take the case themselves. However, obtaining compensation for losing a loved one due to someone else’s negligence may be an extremely difficult task. An expert Colorado wrongful death lawyer can provide services to maximize the compensation you are entitled to.
If you’re interested in a free case review, you’ll be able to meet with an attorney at the firm and get answers to your legal issues.
- To get the compensation you and your family are entitled to, it is important to identify all sources of responsibility and insurance resources that you might pursue.
- An assessment of damages is based on the financial and emotional toll that losing a loved one has had on you and your family.
- You must gather and organize the evidence and witness testimony to establish your case.
- Making a reasonable settlement offer on your behalf by negotiating with the at-fault party’s insurance provider
- Offering advice and recommendations about whether or not to accept any settlement offer.
- Attending all pre-trial hearings and pre-trial conferences on your behalf. • Filing all court-required papers in the correct jurisdiction on time.
- Representing you in trial instead of a settlement agreement. This involves opening and closing arguments, evidence presentation, and questioning witnesses.
- Assisting you with collecting the settlement or award you have won.
- An easy-to-understand payment plan for contingent fees. So long as your lawsuit does not end in a victory, you do not need to pay your lawyer’s fees.
- Get assistance from Warrior Law to understand your legal alternatives for dealing with the loss of someone close. It is easy to get in touch with Warrior Law since we have offices on the east and west coasts of Colorado.
For a free consultation, call our Colorado personal injury attorneys now.
Attorneys for Wrongful Death in Colorado
When a loved one dies due to someone else’s carelessness, you have a lot on your plate, from planning a funeral and burial to restructuring your life to make sure your family is taken care of. Choose a sympathetic and committed attorney to handle your wrongful death claim to maximize your chances of receiving the compensation you deserve for your family’s loss.
If you’re looking for a Colorado law firm, Warrior Law is only a phone call away at 719-300-1100 or through our web contact form.
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