Wrongful Death Lawsuits in Colorado Springs: What Families Should Know
Losing a loved one is devastating. When that loss is caused by someone else’s negligence or reckless behavior, the grief is compounded by a deep sense of injustice. In these moments, families deserve emotional support and strong legal guidance.
A wrongful death claim in Colorado Springs can offer surviving family members a path to accountability and financial recovery after a tragic loss.
At The Bussey Law Firm, P.C., we understand that pursuing legal action after a fatal accident may feel overwhelming. But our role is to shoulder that burden for you.
What Is a Wrongful Death Claim?
A wrongful death claim arises when someone dies due to the negligent, reckless, or intentional actions of another party. These lawsuits are civil—not criminal—in nature. However, they often run parallel to criminal investigations when applicable (e.g., drunk driving, assault).
Common causes of wrongful death in Colorado Springs include:
- Car and truck collisions
- Motorcycle and pedestrian accidents
- Dangerous property conditions (premises liability)
- Workplace incidents
- Defective products
The goal of a wrongful death case is to secure compensation for surviving family members to help address the financial and emotional fallout of the loss.
Who Can File a Wrongful Death Claim in Colorado Springs?
The Colorado wrongful death statute found in C.R.S. § 13-21-201 to 204 sets out specific rules about who may bring a claim. For example, only the spouse of the deceased may file a claim during the first year after the wrongful death. But if there’s no surviving spouse, then the heirs (typically children) or a designated beneficiary may file.
In the second year, the surviving spouse and heirs can jointly file the lawsuit. If the deceased was unmarried and had no children, then the parents may bring the claim.
Colorado does not allow siblings, friends, or more distant relatives to file unless specifically designated as beneficiaries or legal guardians.
Colorado’s Statute of Limitations
Under the Colorado wrongful death statute, families generally have two years from the date of death to file a lawsuit. This is known as the statute of limitations.
There are some exceptions:
- In motor vehicle accident cases involving a fatality, the time to file may be extended to three years.
- If the at-fault party tried to conceal their involvement (such as fleeing the scene), the statute may be tolled (paused).
Failing to file within the allowable time frame will almost certainly result in your case being dismissed, regardless of its merits.
Fatal Accident Lawsuits
To succeed in a fatal accident lawsuit in Colorado, your attorney must prove that:
- A person died
- The death was caused by the negligent or wrongful act of another party
- The plaintiff is legally permitted to file the claim
- The plaintiff suffered losses as a result of the death
What Damages Are Available in a Colorado Wrongful Death Case?
The damages for wrongful death in Colorado are intended to compensate the family. Recoverable compensation may include economic and noneconomic damages.
Economic Damages
- Loss of financial support that the deceased would have provided
- Funeral and burial expenses
- Loss of benefits (e.g., insurance, pension)
- Medical expenses incurred prior to death
Noneconomic Damages
- Pain and suffering of surviving family members
- Loss of companionship, care, and affection
- Grief and emotional distress
Survival Action vs. Wrongful Death Lawsuit: What’s the Difference?
In addition to a wrongful death claim, the estate of the deceased may file a survival action under C.R.S. § 13-20-101. This is separate from the wrongful death claim and seeks damages the deceased would have been entitled to if they had lived, such as:
- Pain and suffering prior to death
- Lost wages between injury and death
- Medical costs incurred prior to death
Survival actions are typically filed by the executor of the estate, with proceeds going to the estate rather than directly to family members.
Together, wrongful death claims and survival actions offer a more complete financial remedy for the full scope of harm caused by the incident.
Why You Need Strong Legal Representation
Wrongful death cases involve complex legal issues and emotionally charged facts. Insurance companies often try to minimize settlements even when liability is clear. Having an experienced Colorado Springs wrongful death attorney on your side helps ensure:
- Accurate calculation of damages
- Proper filing within legal deadlines
- Access to expert witnesses
- Strategic negotiation or aggressive trial representation
- Protection of your legal rights during one of the most difficult periods of your life
At The Bussey Law Firm, P.C., we have an impressive track record of courtroom success. Our legal team brings over 30 years of combined legal experience and a track record of favorable outcomes for Colorado families.
What to Expect During the Legal Process
While each case is unique, here is a general outline of what to expect when pursuing a wrongful death claim in Colorado Springs.
- Initial Consultation and Investigation: We evaluate the facts, determine eligibility, and begin collecting evidence.
- Filing the Claim: We initiate the lawsuit in the appropriate court, naming the liable parties.
- Discovery Phase: Both sides exchange evidence. We may depose witnesses, subpoena records, and consult experts.
- Settlement Negotiations: Many cases settle before trial. We negotiate aggressively to obtain full and fair compensation.
- Trial (If Necessary): If a settlement is not possible, we are fully prepared to present your case to a jury.
Protecting Your Lawsuit
If you’re considering filing a wrongful death lawsuit, here are some important steps to take:
- Do not sign anything from an insurance company without consulting an attorney.
- Preserve evidence, such as accident reports, photos, or contact information for witnesses.
- Keep a record of expenses and emotional impacts—this will be useful in valuing your case.
- Act promptly. The statute of limitations can expire faster than expected, especially while you’re grieving.
Reasons to Choose The Bussey Law Firm, P.C.
Our firm has been recognized for our trial experience, client advocacy, and record of success. We are proud to be among the Top 10 Trucking National Trial Lawyers in Colorado and to have secured millions in compensation for clients in personal injury and wrongful death cases. But, beyond results, we are here for you with:
- Free consultations
- No fees unless we recover for you
- Honest, compassionate communication
- Customized strategies tailored to your case
Speak With Our Trusted Wrongful Death Attorneys in Colorado Springs Today
If you’ve lost a loved one due to someone else’s negligence, you have rights, and The Bussey Law Firm, P.C., is here to protect them. Our wrongful death lawyers can help you pursue the justice your family deserves. Call (719) 475-2555 today to schedule your free consultation.
