Colorado Springs Wrongful Death Attorney

Explaining the Processes, Challenges, and Potential Outcomes of a Wrongful Death Claim

When a loved one dies, there are many decisions and issues that must be handled. When someone dies suddenly, such as in an accident, it can make this all the more difficult. Family members also have to decide if they want to pursue legal action if they believe someone’s negligence caused their loved one’s death. Wrongful death attorneys can help family members and loved ones understand what legal recourse they may have and how to file a wrongful death lawsuit.

A loved one’s death is always a tragic event, but when it could have been avoided if someone else had taken appropriate action, it’s even worse. While a wrongful death suit can’t bring your loved one back or take away the pain of their loss, it can help you get closure and recover financial damages that can make it easier to move forward with your life and honor your loved one’s memory. Kimball Injury Law has helped many clients navigate these situations, and we’re here to help.

What Are Wrongful Death Cases?

Wrongful death lawsuits allow certain immediate family members of someone who has died to seek compensation through the civil court system from the person responsible. To be able to file a wrongful death lawsuit, the family member’s death must have been caused by a negligent or willful act by the other party.

A wrongful death case can only be filed by specific family members. Currently, the deceased person’s spouse, children, or parents can file — but only in that order. If the person left behind a spouse, only the spouse can file. If there is no spouse, the children can file, and if there are no spouse or children, the parents can file. Beginning in 2025, siblings of the deceased person will be able to bring a wrongful death action, but at the time of this publication, they cannot.

What Are Common Causes of Wrongful Death Claims in Colorado?

Wrongful death claims can arise any time a death is the result of someone’s negligence or willful misconduct. Some common incidents that can result in a wrongful death case include:

• Fatal auto accidents
• Medical malpractice
• Defective or unsafe products
• Unsafe conditions on someone’s property
• Recreational accidents, such as boating or skiing accidents
• Workplace accidents

It’s also possible to file a wrongful death case after a death caused by a crime, but these lawsuits can be more complicated. If you’re not sure if your situation qualifies for a wrongful death lawsuit or whether you should pursue a claim, an experienced wrongful death attorney can help.

How Are Damages Calculated in a Wrongful Death Lawsuit?

Damages for wrongful death cases involve both economic and noneconomic losses. Economic losses are financial losses that can be calculated easily with receipts or other documentation. In a wrongful death lawsuit, the surviving family members are often pursuing compensation for economic losses like lost income and lost benefits they would have had if the person was still alive. In some cases, the surviving spouse or family member may also be able to receive compensation for medical bills or burial expenses as well on behalf of the deceased person’s estate.

Noneconomic losses in wrongful death cases are the intangible losses the family members endure from the person’s death. This includes loss of companionship, emotional distress, and loss of guidance and care if the deceased person left behind children. Noneconomic damages are harder to quantify, but an attorney can help you do so. The amount of these damages is also capped under Colorado wrongful death law, which will provide a maximum number, unless the death was caused by a felonious killing, in which case the damages are uncapped.

Exemplary damages, also known as punitive damages, may be awarded if the death was attended by circumstances of fraud, malice, or willful and wanton conduct. The amount of exemplary damages must not exceed the amount of actual damages awarded, but the court may increase this amount to a sum not exceeding three times the actual damages if the at-fault person’s conduct was particularly egregious during the pendency of the case.

What Are the Benefits of Working With a Colorado Springs Wrongful Death Lawyer?

Wrongful death lawyers bring years of knowledge and experience working with clients to determine what financial compensation they are eligible for and how to recover compensation when a wrongful death occurs. One of the main benefits of working with an attorney is that they handle all the paperwork and legal formalities, including communicating and negotiating with the other party, so you can focus on grieving your loss and taking care of your family.

If your loved one died as a result of someone’s negligence, call Kimball Injury Law at 719-748-6155 to find out how our firm can help. Attorney Jake Kimball offers consultations with prospective clients so you can understand whether your case qualifies for a wrongful death lawsuit and how to start that process.