Colorado Springs Wrongful Death Lawyer

Losing a loved one’s death is the hardest thing a person will ever have to go through. When that loss is due to someone else’s careless or reckless actions, it’s even harder for family members to move on. They are not only deeply saddened by the loss, but they are also incredibly frustrated and angry. Hire a Colorado Springs wrongful death lawyer to get the compensation you deserve.

Sometimes, families just want to try and move on without pursuing a lawsuit. Later, they learn that the financial burden associated with the loss is too much for them to bear. Unfortunately, by then, it’s often too late. It’s for this reason that if you have lost a loved one due to another person’s negligence, you should speak to a skilled personal injury attorney at The Wilhite Law Firm right away. Our team can help you pursue legal action and secure the compensation and accountability your family deserves.

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a type of civil claim filed by the family members or estate of a deceased person against a party responsible for their death. This legal action is typically pursued when a person’s death is caused by the negligence, recklessness, or intentional act of another party. The primary goal of a wrongful death lawsuit is to seek financial compensation for the losses suffered by the family members or estate of the deceased person.

In Colorado, a wrongful death lawsuit can be initiated by a surviving spouse, children, parents, or other family members who were dependent on the deceased person. The compensation sought in these lawsuits can cover a variety of damages, including funeral costs, medical expenses, lost wages, and pain and suffering. By filing a wrongful death lawsuit, families can hold the responsible parties accountable and secure the financial support they need during such a challenging time.

What Are Different Types of Wrongful Death Claims?

Families may pursue various compensations through a Colorado wrongful death claim after losing a loved one due to another party’s wrongful actions. Many different situations could result in a wrongful death claim in Colorado Springs, CO. However, they generally fall into one of two main types:

• Wrongful Acts – These cases include violent crimes such as murder, vehicular manslaughter, and more. Although the perpetrator of a crime will likely face a criminal trial, family members left behind can also file a wrongful death lawsuit against them. Wrongful death claims are civil actions that can help family members to claim compensation for their loss.
• Negligence – The majority of wrongful death claims allege this type of misconduct. When a person is negligent, they may fail to follow traffic laws, disregard safety regulations or fail to warn others of dangers. These are just a few negligent actions that could result in a wrongful death claim.

Who May File a Wrongful Death Claim?

In Colorado, the law specifies who may file a wrongful death claim. Typically, the deceased person’s spouse has the first right to file. If there is no spouse, the children of the deceased may file. If there are no children, the deceased person’s estate may file the claim.

The emotional and financial burdens that arise after a family member’s death can be overwhelming. It is important to have experienced lawyers to guide surviving family members through the legal process, ensuring they receive the compensation they deserve while navigating their grief.

What Fatal Accidents Can Be Cause For a Wrongful Death Claim?

Any time there is an accident, it could result in a family member’s wrongful death. A survival action can be viewed as a personal injury claim on behalf of a deceased person, highlighting the legal implications for family members seeking compensation for losses that stemmed from the deceased’s injuries prior to death.

Due to the traumatic circumstances surrounding these deaths, many people think they don’t happen all that often. Sadly, wrongful deaths are quite common in Colorado Springs. The six most common examples of fatal accidents that could result in a wrongful death claim are:

Car Accidents

These are often caused by negligent drivers that speed excessively, drive while distracted, or drive while impaired. Other causes of fatal car accidents include vehicle defects and defects in the road.

Truck Accidents

When a commercial truck is involved in a truck accident with a smaller vehicle, those in the passenger vehicle often don’t survive the crash. Truck driver negligence can cause these accidents as well as trucking company negligence, defective parts on the truck or even poor road conditions.

Motorcycle Accidents

Other drivers often don’t look for motorcycles and fail to see them when they are on the roads. This is the main cause of motorcycle accidents. When they happen, they are often fatal for the biker.

Medical Malpractice

Birth injuries, misdiagnoses, pharmaceutical errors, surgical errors and more are all examples of medical malpractice. When it occurs, and a doctor or healthcare worker is negligent, it’s sometimes fatal for patients.

Defective Products

Manufacturers are responsible for ensuring their products are safe to use. Sellers are also responsible for making sure they are selling only safe products. When they fail to do so, and someone dies as a result, family members can bring a wrongful death claim against them.

Workplace Accidents

Some types of work, including construction, are very dangerous. When a worker is in an accident and dies, family members can file a claim for workers’ compensation. There are some instances though when family members can also file a wrongful death claim such as when a negligent third party caused the accident.

These are just a few of the most common types of wrongful death claims. If your loved one has passed away, and you suspect it was due to the negligence of another person, it’s important that you speak to a Colorado Springs wrongful death attorney right away.

Why Do People Avoid Thinking About Filing a Wrongful Death Claim?

After losing a loved one, most people don’t automatically think of filing a lawsuit. For one reason, family members understand that a wrongful death claim will not bring their loved one back. However, a wrongful death claim can help ease the financial burden of the loss. It can help you to recover the deceased’s lost income, the support and services they contributed to the household, and more.

One of the biggest reasons people are hesitant to file a claim after a wrongful death is that they simply want to move on with their life. They don’t want to be involved in a lawsuit that could drag on for several years. They don’t want to relive the scene of the death over and over again during that time.

Statute of Limitations on Wrongful Death Claims

This is completely understandable. However, it’s important to understand that an attorney will take on all of the legwork of the case. While you are trying to move on with your life, a Colorado Springs wrongful death attorney will work on the case, negotiate with the insurance company and the other side and take care of all the details. There is very little that you will have to do. But, please remember, the state of Colorado does have a statute of limitations on wrongful death and personal injury lawsuits. That statute sets a time limit of two years for you to bring your lawsuit to court. If you do not file your lawsuit before that time period has lapsed, you will have forfeited your opportunity.

Lastly, while some wrongful death cases do go to trial, most are settled out of court. This can expedite the process of the claim and get the matter resolved much more quickly. Filing a wrongful death claim doesn’t necessarily mean that you will be dealing with the lawsuit for years to come.

What Kinds of Damages are Available Under Colorado Wrongful Death Law?

In Colorado, there are several different types of damages that are awarded in wrongful death cases. Family members can pursue a wrongful death action against negligent parties responsible for the untimely death of a loved one. They include:

• Economic Damages – These are losses incurred that have an actual dollar value. These types of damages include, among others, medical expenses incurred before death, loss of income, and loss of an expected inheritance. A wrongful death suit can also recover non-economic compensations such as pain and suffering and loss of consortium.
• Non-Economic Damages – These damages are losses sustained by death that don’t have an actual dollar value. These damages include but are not limited to, pain and suffering, loss of care and guidance, and loss of consortium. In Colorado, non-economic damages are capped unless the death was due to a felonious act.
• Solatium – In Colorado, those filing a lawsuit can ask for solatium, which replaces non-economic damages with a set amount. This can only be claimed when the plaintiff also claims economic damages.
• Punitive Damages – These damages are awarded only for gross negligence or recklessness. They are not awarded in every personal injury case, but often, they are granted in wrongful death claims.

A wrongful death lawyer in Colorado Springs from The Wilhite Law Firm can help you and your family to claim the full amount of compensation you are entitled to receive after the loss of a loved one.

Read more: Increase for Damage Caps in Wrongful Death Claims in 2024

Contact The Wrongful Death Lawyers in Colorado Springs, CO Today

If you or a family member have lost a loved one due to the negligence of someone else, the Colorado Springs wrongful death lawyers from The Wilhite Law Firm want to help. Our law firm knows how important it is to hold others responsible for their negligence. Our team of attorneys will fight for the compensation you deserve. Call us at (303) 466-3529 or contact us for your free consultation and let us help make things right for you and your family.