In the immediate aftermath of a loved one’s death from a tragic act of negligence, considering whether you should file a wrongful death lawsuit is likely the furthest thing from your mind. But as time goes by, you may find yourself contemplating the unfair reality that someone’s negligence has robbed you and your loved one of your future together.
If you find yourself considering filing a wrongful death lawsuit but feel overwhelmed by the legal process, you do not have to face an uncertain future alone. Reading this article is your first step to filing a claim, helping you understand what to expect and how to protect your rights.
Understanding Wrongful Death Claims in Colorado
Before we dive into the process, you must understand what constitutes a wrongful death claim in Colorado. According to Colorado law, a wrongful death occurs when someone dies due to another party’s negligent, reckless, or intentional actions. Common causes include car accidents, medical malpractice, workplace accidents, and defective products.
Step 1: Determine If You Have the Right to File
In Colorado, not everyone can file a wrongful death lawsuit. The state has specific laws about who can file and when. Here’s the order of priority:
- For the first year after the death, only the surviving spouse can file.
- After the first year, the surviving spouse and children can file.
- If there’s no surviving spouse or children, the deceased’s parents can file.
- If none of the above apply, the deceased’s designated beneficiary may file.
If you fall into one of the above categories, you may have the right to seek compensation for your loss, so long as the claim is filed within the referenced statute of limitations.
Step 2: Consult with a Wrongful Death Attorney
While it’s possible to navigate a wrongful death lawsuit in Colorado on your own, consulting with an experienced wrongful death attorney is the best way to ensure maximum compensation. They can:
- Evaluate the strength of your case
- Ensure you meet all legal requirements and deadlines
- Handle complex legal procedures
- Negotiate with insurance companies
- Represent you in court if necessary
Most Colorado Springs wrongful death attorneys work on a contingency fee basis, meaning you don’t pay unless you win your case.
Step 3: Investigate and Gather Evidence
Your attorney will conduct a thorough investigation to gather evidence supporting your claim. This may include:
- Colorado Springs police reports
- Medical records
- Witness statements
- Expert testimonies
- Financial records to determine economic losses
Remember, the burden of proof in a wrongful death lawsuit lies with you as the plaintiff. You must prove that the defendant’s actions (or inactions) caused your loved one’s death.
You Might Like: The Role of Expert Witnesses in Colorado Personal Injury Cases
Step 4: File the Wrongful Death Lawsuit
Once you have sufficient evidence, your attorney will file a complaint in the appropriate court. This document outlines your case against the defendant, including:
- The circumstances of the death
- How the defendant’s actions led to the death
- The damages you’re seeking
The defendant will be served with this complaint and given time to respond.
Step 5: Discovery Phase
After the lawsuit is filed, both sides enter the discovery phase. This is when each party investigates the other’s claims and defenses. This phase may involve:
- Interrogatories (written questions)
- Depositions (sworn out-of-court testimony)
- Requests for documents
- Physical or mental examinations
This stage of the wrongful death claim can take several months to a year, depending on the complexity of the case.
Step 6: Negotiation and Potential Settlement
Many wrongful death lawsuits are settled out of El Paso County courts. Your attorney will negotiate with the defendant’s legal team or insurance company to reach a fair settlement. If an agreement is reached, the case ends here. If not, it proceeds to trial.
Step 7: Trial
If a settlement can’t be reached, your case will go to trial. Both sides will present their evidence and arguments to an El Paso County judge or jury. The trial process typically involves:
- Jury selection
- Opening statements
- Presentation of evidence and witness testimony
- Closing arguments
- Jury deliberation and verdict
Trials can last anywhere from a few days to several weeks.
Step 8: Verdict and Potential Appeal
If you win your case, the court will award damages. In Colorado, these may include:
- Economic damages (medical expenses, funeral costs, lost wages)
- Non-economic damages (pain and suffering, loss of companionship)
- Punitive damages in cases of extreme negligence or intentional harm
If either party disagrees with the verdict, they have the right to appeal. This can extend the legal process for the wrongful death lawsuit by several months or even years.
Related: Types of Damages You Can Sue For in Colorado Personal Injury Cases
Important Considerations
Statute of Limitations: In Colorado, you generally have two years from the date of death to file a wrongful death lawsuit. Missing this deadline can result in losing your right to seek compensation.
Damage Caps: Colorado imposes caps on non-economic damages in wrongful death cases. As of 2024, this cap is $571,870 for deaths occurring after January 1, 2020, adjusted annually for inflation, and starting January 1, 2025, the cap is again increasing.
Comparative Negligence: Colorado follows a modified comparative negligence rule. If the deceased was partly at fault for their death, it could reduce the amount of compensation awarded.
Conclusion
Navigating a wrongful death lawsuit is undoubtedly challenging, both legally and emotionally. However, understanding the process can help you feel more prepared and in control. If you’re considering filing a wrongful death lawsuit in Colorado, don’t hesitate to seek legal advice.
Remember, while no amount of money can truly compensate for the loss of a loved one, seeking compensation for your pain and suffering can provide financial stability and a sense of justice. At King & Beaty, our Colorado Springs wrongful death attorneys have the experience and tenacity to fight for compensation for what you have lost, and the compassion to guide you through this difficult time.
Take the first step by scheduling your free case consultation today.
