Colorado Springs Wrongful Death Lawyers

Colorado Springs Wrongful Death Lawyers

We understand taking the first step to get justice for your loved one can be challenging. You already have to deal with many unknowns, unanswered questions, and grief, which can make you feel overwhelmed and alone. 

However, you are never alone as our wrongful death lawyers and our Victim’s Advocates through the Elite Litigation Group are here to provide the help, support, guidance, and access to the resources you require.

Common Wrongful Death Causes In Colorado Springs

Some of the more common wrongful death causes in Colorado Springs include:

• Automobile accidents: Many wrongful death claims in Colorado Springs result from fatal car accidents involving cars, trucks, or motorcycles, due to another driver’s negligence or recklessness on the road. Wrongful death claims can include third parties, such as an automobile manufacturer that sold defective parts leading to an accident, or the mechanic that installed them knowing they were defective. 
• Medical malpractice: If your loved one died from a preventable medical error due to improper diagnosis, misdiagnosis, or treatment, you might be able to pursue legal action against the negligent healthcare provider by filing a wrongful death claim in instances where their mistakes resulted in fatal consequences for your loved one. 
• Workplace accidents: Employers are legally obligated to ensure employees have safe working conditions. However, some fail to do so, resulting in workplace deaths through hazardous working conditions, defective tools, and defective equipment.
• Drug-related deaths: Pharmaceutical companies may bear responsibility when their product causes reactions, complicates treatments, or results in the development of another illness, resulting in death.
• Product liability: When designers, manufacturers, retailers, suppliers, and distributors put consumers at risk, which leads to wrongful deaths, they can be held accountable. Dangerous products range from consumer appliances and toys, to lawn and garden machinery, to smartphones. 
• Premises liability: Property owners and responsible parties are legally required to ensure their facilities remain safe. When visitors slip and fall, are exposed to hazardous conditions, fires, toxic substances, or experience fatal injuries from some other defect, they can be held negligent.
• Alcohol-related deaths: Store owners, bars, restaurants, and social hosts have a legal duty to prevent over-serving guests. If not, and the person drives while intoxicated and causes an accident resulting in fatalities, they could also be held accountable for wrongful death.

What Is A Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil action filed against an individual, corporation, or entity that has caused the untimely death of another by their negligent or intentional act. This type of lawsuit seeks compensation for losses from the decedent’s death, such as lost income and medical expenses.

What Is Wrongful Death Liability?

Wrongful death liability refers to a defendant’s legal responsibility for damages or losses arising from their conduct. This type of liability can occur if a defendant was negligent in causing another person’s death or through intentional acts, such as assault and battery, homicide, or murder.

Who Can File A Wrongful Death Claim In Colorado Springs?

The surviving spouse, children, or decedent’s heirs are typically permitted to bring a wrongful death claim against any party who is legally responsible for the death. Claims may be brought in the circuit court or district court under Colorado’s wrongful death statute, and may seek both economic and non-economic damages.

How Is A Survival Action Different From A Wrongful Death Claim?

A survival action is a claim made on behalf of the decedent that seeks to recover for losses sustained before their death. These claims include lost wages, medical costs, and pain and suffering. The surviving family members or other beneficiaries bring a wrongful death claim, seeking damages for emotional pain and suffering, and financial losses resulting from the untimely death.

While the two personal injury claims are related, some significant differences exist. As such, it is vital to consult with a qualified Colorado Springs wrongful death lawyer to determine which suit is the best option for your particular situation. 

What Damages Can I Recover?

The damages recoverable through a wrongful death lawsuit can include the following:

• Medical expenses: All medical expenses your loved one incurred before their death, including any attempts at keeping them alive.
• Funeral and burial expenses: Any funeral and burial expenses are included in the claim.
• Loss of wages: Wages your loved one lost, including future wages they would have earned if they had lived, are recoverable.
• Loss of benefits: Benefits, like health insurance and retirement, can be included as a financial loss when you counted on your loved one to provide these.
• Loss of companionship: Emotional losses suffered by surviving family members who have lost their loved one due to another’s negligence or wrongful act.
• Loss of consortium: The loss of affection, support, guidance, and relations between the deceased and the individual’s spouse are considered non-economic damages that can be included in a wrongful death claim.
• Emotional damages and trauma: Emotional damages include pain, suffering, grief, mental anguish, depression, anxiety, and other psychological injuries resulting from the decedent’s untimely death. Trauma covers more severe instances of emotional distress or shock caused by witnessing a loved one’s death or its aftermath.
• Punitive damages: Punitive damages are awarded beyond economic and non-economic compensation in a wrongful death suit. They are intended to punish the responsible party when they were reckless and grossly negligent, causing the decedent’s death.

Are Damages Capped In Wrongful Death Cases In Colorado Springs?

According to Colorado law, non-economic losses in wrongful death cases, except medical malpractice, shall not exceed $250,000, unless the court finds justification to increase the amount. However, the maximum non-economic damages amount is capped at $500,000. 

There is no cap on economic damages, provided the decedent has a surviving spouse, child, or parent. Otherwise, the cap is $250,000. In addition, any capped amount is adjusted for inflation. 

In medical malpractice lawsuits resulting in death, Colorado Revised Statute 13-64-302 states that the total amount of damages (economic and non-economic) shall not exceed $1 million. However, non-economic damages are capped at $300,000 as of July 1, 2003.

What Is Needed To Prove Negligence In A Wrongful Death Lawsuit?

In order to prove negligence in a wrongful death lawsuit, the plaintiff must demonstrate that the defendant had a duty to exercise reasonable care and due diligence in preventing harm or injury, which they did not meet, resulting in an unreasonable risk of harm or foreseeable injury to another person. 

The plaintiff must also show that this failure directly or approximately caused the decedent’s death or that the initial injuries eventually led to their death.

How Long Do I Have To File A Wrongful Death Claim In Colorado Springs?

Your time to file for wrongful death depends on your relationship to the victim. During the first year after death, only the spouse or someone elected by the spouse can file a wrongful death lawsuit for a married victim’s death. If they were not married, a designated beneficiary or, if there is no designated beneficiary, an heir may file.

During the second year, any of those parties may file. The time to file for all these parties expires according to the state’s statute of limitations.

Statute Of Limitations In Colorado Springs Wrongful Death Claims

The statute of limitations for wrongful death claims in Colorado is two years, with one exception. A Colorado Springs wrongful death lawyer has up to four years to file a wrongful death claim for a fatal hit-and-run accident.

This time starts upon the victim’s death. This differs from personal injury cases, where the time starts on the date of the accident. Contact a wrongful death attorney in Colorado Springs​ promptly to ensure you take action before the time expires.

How Long Does A Wrongful Death Case Take?

It is essential to remember the length of a wrongful death case will depend upon the complexity of the facts and circumstances leading to the decedent’s death. Additionally, the willingness of the defendant and their insurance company to negotiate and reach a settlement influences the duration of a case. 

If they decide not to settle, the case must go to trial and be resolved in court by a jury. Keeping these things in mind, in general, reaching a wrongful death settlement can take between six months and 18 months. However, if the case has to proceed to trial, it can take one to four years to resolve fully.

Regardless of the time needed to reach a settlement or have the case decided in court, it should not deter or stop you from seeking justice and compensation for losing your loved one.

Colorado Springs Wrongful Death Settlements

In one recent case, the state of Colorado and local police settled for $19 million in the shooting and death of Christian Glass. In another case, Mesa County Jail and the jail’s former medical provider settled for $2 million in the death of Tomas Beauford.  

However, these cases should not be used as a determinant for your case. It is essential to remember the number of wrongful death settlements in Colorado Springs varies because each case is unique and has its own set of factors. 

Therefore, settlements can range from tens of thousands of dollars to millions. To get an idea of how much compensation your wrongful death claim could be worth, you should consult with a Colorado Springs wrongful death lawyer as soon as possible.

Why Choose Bachus & Schanker In A Colorado Springs Wrongful Death Claim?

Bachus & Schanker is structured to help families who have lost loved ones due to avoidable causes. Reasons to hire us for your family’s wrongful death case include the following:

Elite Litigation Group

Our firm includes a practice group dedicated to cases involving wrongful death and catastrophic injuries. Because the members of this group focus on the most difficult cases, they have developed practice-specific knowledge that they use to fight for your family’s right to fair compensation from those who caused your loved one’s death.

Victim’s Advocate Team

Our firm’s Victim’s Advocate Team provides support and legal assistance to clients who lose a loved one due to a criminal act. They act as the liaison with the police and prosecutors in your case to advocate for your rights to the following:

• Seek appropriate charges against the person responsible for the death.
• Protect your right to participate in the criminal process as the victim’s family.
• Gather records and evidence from prosecutors for your wrongful death case.

Contact us to learn more about this unique service.

Subject Matter Knowledge

We have handled many wrongful death cases. Additionally, one of our founding attorneys tragically lost his mother in a fatal truck accident. This first-hand experience gives us both the legal knowledge necessary to handle your case and the ability to empathize with your situation.

Our Wrongful Death Lawyers Are Right Here In Colorado Springs

If you have lost your loved one due to another’s negligence, do not hesitate to obtain sound legal advice from the experienced wrongful death lawyers in Colorado Springs at Bachus & Schanker. 

While no amount of money can replace your loved one, our team is committed to being your advocate and guiding you through this difficult time. We promise to help you and your family get the financial compensation you deserve. 

Take I-25 to exit 141B (Pikes Peak Ave). Head north on S Tejon St to our office at 102 S Tejon St, 11th floor, Colorado Springs, CO 80903. Our office is located near the Colorado Springs Pioneers Museum.

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