Has a tragic accident and wrongful death left you and your family devastated after suddenly losing someone you love? Are you unsure about what the next steps should be to try and repair the unthinkable damage to your family? If you’ve lost a loved one as a result of someone else’s negligence, we can speak with you about your rights to file a wrongful death claim with a personal injury lawyer.
It’s important to understand that you have rights and that the Colorado Springs wrongful death attorneys of the Schofield & Green Law are available to answer any questions you might have. We know it can feel difficult or strange to consider money after such a tragedy, but creditors are rarely sympathetic. Just months after their loved one’s death, struggling families may suddenly find themselves facing large amounts of debt and falling behind on their bills. Let our accident attorneys meet with you for free to discuss your legal options.
Colorado law governs who can file a wrongful death claim, the types of damages that your wrongful death attorney can recover, and the time limit (or statute of limitations) within which the lawsuit must be initiated. In our state, the surviving spouse is entitled to file a wrongful death claim within a year of the accident.
During the second year, both the surviving spouse and children of the decedent are eligible to file a claim. The decedent’s parents may file a claim if there is no spouse or children. Here’s a simple way to understand your rights to file a wrongful death claim with this general timeline structure:
If you’re a representative of the deceased person’s estate, you can also file a “survival action” to recover certain types of damages that aren’t typically recoverable in a wrongful death claim, such as medical expenses incurred before death, funeral, and burial costs, and pain and suffering endured by the deceased before death.
Helping grieving families obtain peace of mind is our only priority when our personal injury attorneys take on your case. Our work isn’t done until your wrongful death case is settled in or out of court. Here are some of the previous results our clients were awarded for their wrongful death claims:
Intersection Collision
$1.1M
settlement
Bicycle Accident
$1.3M
settlement
Head-On Collision
$1M
settlement
Pedestrian Vs. Car Accident
$1.2M
settlement
When wrongful death claims are successful, survivors may recover monetary compensation for their loved one’s losses. We also have to take into account your non-economic losses in these lawsuits, which can include compensation for pain, suffering, and loss of companionship.
When we’re successful at completing your lawsuit, our Colorado Springs accident attorneys can also collect punitive damages for you. They seek to punish the wrongdoer for their negligent behavior and discourage others from acting similarly. Schofield & Green Law fights for fair compensation for you that can include:
Damages can be awarded for the income the deceased would have earned if they had not passed away. This is the case if the deceased significantly contributed to household finances.
Families may also recover costs paid on their loved one’s behalf, such as medical bills before passing (often through a survival action), as well as funeral costs.
If the deceased had minor children, compensation could be awarded to cover the loss of parental guidance and upbringing for their other family members.
Family members might be able to receive compensation for the emotional trauma and grief they’ve endured due to severe injuries and loss of their loved one.
If someone you love has lost their life, we can help you and your family through this difficult time. Contact our personal injury firm to review all of your legal options.
The statute of limitations in this state to file a wrongful death lawsuit is generally two years from the date your loved one passed away. If you wait and don’t pursue legal action, you could give up your rights to fair compensation.
Our experienced wrongful death attorneys can also show how there can be exceptions to the rule. Was someone’s death caused by a motor vehicle accident? Then, the statute of limitations can be increased by one year to three years. Was your family member’s death not discovered right away? The time you have to file a claim may start from the date of discovery rather than the date of death.
A wrongful death lawsuit arises when someone’s negligence, recklessness, or intentional action leads to the death of another person. The cases we’ve fought for and won in the past all have had a wrongful death occur due to various reasons, including:
If a loved one dies in a car, truck, or motorcycle accident caused by a negligent driver and their reckless behavior, such as drunk driving, speeding, or distracted driving, a wrongful death claim could be filed. All of these factors can be common denominators in creating a wrongful death case that we can move forward with and end up victorious for you and your family.
Sometimes, when we’re living our lives, tragedies can happen. If you’re on someone else property and their negligence causes a fatal accident, such as a slip and fall, the deceased’s family could file a wrongful death claim. It’s important to immediately meet with a personal injury attorney who has extensive experience fighting for wrongful death and premises liability.
Losing a loved one due to someone else’s negligence is a heart-wrenching experience. At Schofield & Green Law, we understand the profound grief and the urgent need for justice that follows such a tragic event. Our compassionate attorneys are here to support you through the legal process, offering empathetic guidance and relentless advocacy to help you navigate this challenging time.
When it comes to wrongful death action, experience matters. Schofield & Green Law has a track record of successfully handling complex wrongful death cases. Our team of seasoned attorneys possesses the legal expertise and strategic planning necessary to secure substantial settlements and favorable verdicts for our clients. We have helped numerous families obtain the justice and financial compensation they deserve, holding negligent parties accountable for their actions.
Navigating a wrongful death lawsuit can be overwhelming, with numerous legal, emotional, and financial challenges. Our firm provides comprehensive legal support, guiding you through every step of the process. From gathering evidence and negotiating with insurance companies to representing you in court, we are with you every step of the way, fighting for your rights and seeking the justice your loved one deserves.
We understand the financial strain that can accompany a wrongful death case. That’s why Schofield & Green Law operates on a contingency fee basis for personal injury lawsuits. This means you pay no legal fees unless we secure a favorable outcome for you. Our commitment is to achieve justice for your loved one, and we are motivated to win your case. We offer free consultations to review your case with no-obligation to you.
When tragedy strikes and a loved one is taken too soon due to someone else’s negligence, your world is turned upside down. Andrea Schofield is a compassionate and experienced wrongful death attorney who understands that no amount of compensation can fill the void, but justice can help bring peace and financial stability to your family during an incredibly painful time.
Andrea approaches every wrongful death case with care, clarity, and commitment. She listens to your story, walks you through your legal rights, and takes on the burden of pursuing compensation while you focus on healing. With years of experience in Colorado personal injury law and a proven track record of holding negligent parties accountable, Andrea stands ready to fight for the justice your loved one deserves.
In your most difficult moments, Andrea Schofield is the advocate you can count on for strength, support, and the pursuit of what’s right.
From wrongful death lawsuits in Colorado Springs to helping victims injured in car accidents, the personal injury attorneys at Schofield & Green Law have seen it all. Here’s what some of our satisfied clients are saying:
As part of our mission to guide and inform our clients, we regularly publish blogs that break down key topics related to personal injury law. From understanding your rights after an accident to navigating the claims process, our articles are designed to provide clear, helpful information so you can feel confident and empowered every step of the way.
The emotional and financial challenges of an untimely death of a loved one is hard enough to deal with on your own. Going through this type of situation certainly raises a lot of questions, and we seek to provide answers for everything you’ve had to endure at the hands of another. Here are some of the most common questions that clients have about filing a Colorado Springs wrongful death claim:
Colorado wrongful death laws are codified in CO Code § 13-21-202 (2021) and the surrounding sections. They are designed to provide a legal recourse for the surviving family members and loved ones of an individual who has died as a result of someone else’s wrongful act, neglect, or default.
Here are some critical key aspects of the law:
There’s no average number we can provide you for how much you can be relieved for your wrongful death claim because every case we take on is different. We know you want a hard number, so we can estimate that wrongful death cases can be awarded anywhere from a few hundred thousand dollars to millions. Your wrongful death claim is unique and different from anywhere else’s with compensation depending on these key factors:
Please remember that any numbers we discuss here can vary greatly depending on the facts and circumstances surrounding the case. To get the most accurate estimate possible for what your case might be worth, it’s essential to consult with one of our experienced wrongful death attorneys during a free case evaluation.
In most Colorado wrongful death lawsuits, your accident attorneys must show these vital elements to your claim:
A wrongful death attorney supports you legally and emotionally by:
To prove wrongful death and win your case, you’ll need to prove that there was a duty of care that should have been followed but ultimately wasn’t, leading to wrongful death. When you meet with our personal injury attorneys for wrongful death claims, we’ll want to know what happened during the accident or incident that caused the loss of life. Proving wrongful death may require some forms of these types of evidence:
When you’re seeking damages for this type of case, there’s a good chance you’re going to face insurance companies. Why? Because the at-fault party or parties in wrongful death claims (drivers, property owners, and businesses) usually have some type of liability insurance coverage.
Because you’ll be taking on big-time insurance companies, it’s very important that you call on one of our Colorado wrongful death attorneys to have your back. Insurance companies will generally do everything in their power to avoid paying any damages whenever and wherever they can. We’ve seen firsthand how they try to deny coverage to blame the victims in a wrongful death claim. Let us stand up to them with experience representation so you don’t have to.
When you hire a wrongful death lawyer in Colorado Springs, you can generally expect:
In Colorado, families often hear both “wrongful death” and “survival action” when a loved one has passed away due to someone else’s negligence, but the two are distinct claims.
A wrongful death claim (governed by C.R.S. § 13-21-202) is brought by surviving family members—typically a spouse, children, or in some cases parents. This type of claim focuses on the losses the family suffers because of their loved one’s death. Compensation may include lost income and benefits, loss of companionship and support, and the emotional distress of losing a family member. The damages go directly to the surviving relatives.
A survival action (governed by C.R.S. § 13-20-101) is brought by the personal representative of the deceased person’s estate. Unlike wrongful death, this claim seeks to recover the losses the deceased themselves experienced before passing. This may include medical bills, hospital or nursing care, and funeral and burial expenses. Any recovery is awarded to the estate and then distributed according to the person’s will or Colorado’s inheritance laws.
In simple terms, a wrongful death claim addresses the family’s losses after the death, while a survival action covers the expenses and damages the victim incurred before they passed away. In many cases, both claims may be pursued together to ensure full compensation.
Choosing the right law firm for your Colorado Springs wrongful death claim is a crucial decision. Schofield & Green Law stands out for our compassion, expertise, personalized approach, and unwavering commitment to our clients. Let us help you seek the justice and closure you deserve. Reserve your no-obligation consultation and take the first step towards holding those responsible accountable.
