Did you lose a family member in an accident in Colorado Springs, Colorado? Call King & Beaty, LLC at (719) 505-9999 or contact us online for a free consultation. Our Colorado Springs wrongful death lawyers can help you file a claim for compensation while you focus on what matters most in this difficult time: your loved ones.
Our esteemed personal injury law firm has been fighting for accident victims and families throughout Colorado for years. Our trial attorneys have 98 years of combined experience and have recovered over $90 million for our clients, giving us a track record of success you can count on as your case moves forward.
Why Hire King & Beaty, LLC to Handle My Family’s Wrongful Death Case in Colorado Springs, CO?
Wrongful death cases involve both legal complexity and deep personal loss. You need a law firm on your side in these circumstances that can handle the legal side aggressively while treating your family with the care and respect you deserve. Not every firm is equipped to do both.
King & Beaty, LLC has the experience and resources to give your case the attention it needs to succeed from the start.
A few reasons to consider hiring our Colorado Springs personal injury lawyers for your case include:
- We have nearly a full century of combined experience handling personal injury and wrongful death cases
- We prepare every case as if it may go to trial, which puts real pressure on insurance companies to negotiate fairly
- We can bring in medical experts and other professionals to strengthen your claim as much as possible
- We will keep you informed at every stage and treat your family with the care and respect you deserve
We take these cases personally because we know what’s at stake. Contact our Colorado Springs wrongful death attorneys today to schedule your free case review and ask any questions you might have.
What Is Wrongful Death Under Colorado Law?
In Colorado, a wrongful death claim can be filed when a person’s death is caused by another party’s negligence, unskillfulness, or criminal intent. The claim can be brought as long as the deceased would have been entitled to file a personal injury lawsuit had they survived.
Wrongful death cases are civil actions, not criminal. This means that if the responsible party is also facing criminal charges, your family’s claim is handled separately in civil court. The burden of proof in a civil case is also lower than in a criminal case, which means you can still win your wrongful death claim regardless of how the criminal proceedings turn out.
Who Can File a Wrongful Death Claim in Colorado?
Colorado law establishes a specific order of priority for who can file a wrongful death claim and when. In the first year after the death in question, the surviving spouse generally has the first right to file. If there is no surviving spouse, the claim may be brought by the deceased’s children or a designated beneficiary. The surviving spouse may also permit the surviving children to join the claim in writing.
In the second year, the surviving spouse and heirs may file together. Siblings of the deceased may also bring a claim in certain circumstances where no spouse, children, or parents survive.
State law also recognizes survival actions, which are separate from wrongful death claims. A survival action is brought on behalf of the deceased person’s estate and can recover damages that the deceased could have pursued had they lived. Wrongful death claims, by contrast, compensate the surviving family members for their own losses.
We Can Help With Any Type of Wrongful Death Case in Colorado Springs
Wrongful death claims can arise from many different types of accidents and incidents.
Our lawyers are qualified to help with cases involving:
- Car accidents
- Truck accidents
- Motorcycle crashes
- Pedestrian accidents
- Bicycle accidents
- Workplace and construction site accidents
- Medical malpractice
- Defective products
- Premises liability incidents
- Assaults and other intentional acts
These are just a few examples of the kinds of cases we can help you with. We encourage you to reach out to us for legal guidance after any type of accident that was caused by another party.
What Kinds of Damages Can I Recover by Filing a Wrongful Death Claim?
Colorado law allows surviving family members to pursue several categories of damages through a wrongful death claim. The law states that damages are meant to be fair and just based on the losses that resulted from the death.
Damages you may be entitled to include:
- Loss of the deceased’s income and future earning capacity
- Loss of the benefits and services the deceased provided
- Loss of companionship
- Pain and suffering by the surviving family
- Funeral and burial expenses
- Expenses incurred between the accident and the date of death (in a survival action)
Colorado does place a cap on non-economic damages in wrongful death cases, though it was recently increased. Note that punitive damages may also be available, but only in cases where the at-fault party acted egregiously.
How Much Is My Colorado Springs Wrongful Death Case Worth?
Since each wrongful death case is unique, there is no formula that applies across the board. That said, these cases often involve substantial value because of the magnitude of the losses involved.
Some of the factors that will influence what your claim is worth include:
- The deceased’s age and earning potential at the time of death
- The financial support and benefits they provided to the family
- The nature and depth of the relationship between the deceased and the surviving family members
- How much the family has spent on medical treatment and funeral expenses
- Whether the deceased bore any responsibility for the accident
- The strength of the evidence establishing the other party’s fault
- Whether exemplary damages may be available based on the conduct of the opposing party
Our wrongful death lawyers can give you a better sense of what your family’s case may be worth during your free consultation.
What if My Loved One Is Being Partially Blamed for the Accident?
Colorado follows a modified comparative negligence system with a 50% bar. Under this rule, your family can still recover compensation as long as your loved one was less than 50% at fault for the accident. If their share of fault reaches 50% or higher, the claim is barred entirely.
If your loved one’s fault falls below that threshold, the total damages will be reduced by whatever percentage of responsibility is assigned to them. For example, if total damages are $500,000 and your loved one is found to be 20% at fault, the recovery would be reduced to $400,000.
Since even a small shift in this percentage can have a major impact on your family’s compensation, having an attorney in your corner pushing back on these allegations is likely a wise move to make.
How Much Does It Cost to Hire a Wrongful Death Lawyer in Colorado Springs?
Most wrongful death attorneys in Colorado Springs, including ours, work on a contingency fee basis. You will not pay anything up front, and you won’t have to pay anything by the hour either. We only collect attorneys’ fees if we recover compensation for your family.
This system is meant to benefit both sides. You can afford to hire a respected attorney without regard to your financial situation, and we’ll be motivated to increase the value of your claim as much as we possibly can.
How Long Do I Have to File a Wrongful Death Claim in Colorado Springs?
The statute of limitations for most wrongful death claims in Colorado is two years from the date of the deceased’s death. If the death resulted from vehicular homicide that was also a hit-and-run, that deadline extends to four years.
There are exceptions to these time limits, but only for certain kinds of circumstances. We recommend contacting our personal injury lawyers as soon as you can to ensure we can help you file your claim on time and in an appropriate manner.
Contact Our Compassionate Colorado Springs Wrongful Death Lawyers for a Free Initial Consultation
Losing a family member because of someone else’s negligence is among the most traumatic experiences imaginable, and no amount of money can undo that loss. However, a wrongful death claim can provide your family with financial stability as well as a meaningful sense of justice going forward.
King & Beaty, LLC has 98 years of combined experience and has recovered over $90 million for our clients. We will fight for your family the same way we would fight for our own. Contact our Colorado Springs wrongful death attorneys today to schedule a free consultation and learn more.
