Hire an Experienced Wrongful Death Attorney When it Matters Most

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.

Understanding Who’s Eligible to File a Wrongful Death Lawsuit

When someone passes away as a direct result of another person’s negligence, misconduct, or intentional action, it’s considered a wrongful death in Colorado. Unfortunately, wrongful death can happen to anyone, at any age, in a variety of scenarios like:

A multi-vehicle car accident caused by someone’s reckless driving.
Medical malpractice resulting in a patient’s untimely death.
A workplace accident caused by insufficient safety measures.
Intentional acts such as murder that lead to someone’s death.

A wrongful death claim is a legal action brought by the close relatives or estate of the deceased person seeking compensation for their loss. This compensation can include expenses related to the deceased’s final medical care and funeral, loss of future earnings, loss of companionship, and emotional distress suffered by the survivors.

Filing a Wrongful Death Claim in Colorado

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 wrongful death claim. The decedent’s parents may file a claim if there is no surviving spouse or children. Here’s a simple way to understand your rights to file a wrongful death claim with this general timeline structure:

For the first year after the death, only the deceased person’s spouse can file a wrongful death claim. The deceased’s children can file the claim if there is no surviving spouse.
If the spouse does not file a wrongful death claim within the first year, during the second year after the death, both the spouse and the children can file a wrongful death claim.
If the deceased person has no surviving spouse or children, the parents of the deceased can file a wrongful death lawsuit.

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.

Restitution Results from Wrongful Death Cases

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 lawsuit 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

What Kind of Compensation Can Be Awarded to Families in Wrongful Death Claims?

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 wrongful death lawsuits, which can include compensation for pain, suffering, and loss of companionship.

When we’re successful at completing your wrongful death lawsuit, our 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. Our wrongful death attorneys fight for fair compensation for you that can include:

Lost Wages

This includes the wages the deceased would likely have earned if they had lived and continued working. We can help recover compensation to assist you and your family.

Loss of Future Earnings

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.

Loss of Support and Services

If the deceased provided many essential household services, such as childcare, cooking, cleaning, or maintenance, compensation could be awarded to cover the lost services.

Loss of Parental Guidance

If the deceased had minor children, compensation could be awarded to cover the loss of parental guidance and upbringing.

Loss of Consortium

This is a form of compensation awarded to a surviving spouse for the loss of companionship, affection, comfort, and sexual relations.

Emotional Distress

Family members might be able to receive compensation for the emotional trauma and grief they’ve endured due to the 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 law firm to review all of your legal options.

How Long Do I Have to File a Wrongful Death Lawsuit in Colorado?

The statute of limitations in this state (or how long you have 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 for your wrongful death lawsuit, 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 loved one’s death not discovered right away? The time you have to file a wrongful death claim may start from the date of discovery rather than the date of death.

Common Causes of Wrongful Death Claims Our Accident Attorneys Have Won

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 accident caused by another driver’s negligence or 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.

When a healthcare provider or professional doesn’t do their job correctly, it can lead to a wrongful death. Doctors and nurses have to be held accountable for their actions for failing to provide an acceptable standard of care. If negligence leads to a patient’s death, a wrongful death lawsuit could be brought against the individuals and or hospital.

When we spend most of our time at work during the week, we expect a certain level of safety no matter what we do for a living. If an employer’s disregard for safety regulations leads to a fatal workplace accident, the family of the deceased could sue for wrongful death. Workplace accidents happen more often than we’d like to see with unnecessary injury.

Did someone in your family lose their life because of a defective product? Unfortunately, a wrongful death in this situation can happen to everyone, from infants to seniors. If a person dies as a result of using a defective product, the manufacturer, distributor, or retailer of that product could be held responsible in a wrongful death lawsuit.

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 premise liability.

Did someone you love have their life cut short while they were walking through an intersection? Was your spouse riding their bike only to lose their life due to a motorist’s negligence? If you can answer yes to either of these questions, know that a wrongful death lawsuit could be an appropriate course of action that Schofield & Green Law can help you pursue.

Why Schofield & Green Law Offers Compassionate Advocacy in Your Time of Need

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, offering empathetic guidance and relentless advocacy to help you navigate this challenging time.

Expertise and Proven Results

When it comes to wrongful death lawsuits, 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.

Personalized Approach

At Schofield & Green Law, we believe that every case is unique and requires a personalized approach. We take the time to listen to your story, understand your specific circumstances, and tailor our legal strategy to meet your needs. Our commitment to individualized attention ensures that your case receives the dedication and focus it deserves.

Comprehensive Legal Support

Navigating a wrongful death lawsuit can be overwhelming, with numerous legal, financial, and emotional 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.

Transparent Communication

Clear and honest communication is the cornerstone of our practice. We keep you informed about the progress of your case, explain complex legal concepts in plain language, and ensure you understand your options at every stage. Our goal is to empower you with the knowledge and confidence to make informed decisions about your case.

No Fees Unless We Win

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 wrongful death 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.

Client Testimonials

Our clients’ testimonials speak volumes about our dedication and success. Families who have trusted us with their wrongful death cases consistently commend our compassionate approach, legal expertise, and the positive outcomes we have achieved on their behalf. We work hard to never treat people like they’re just another number, and it shows in our glowing reviews.

See What Colorado Personal Injury Lawyers Can Do For You

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:

"I can’t thank them enough."

Greg and Andrea provided excellent service while handling my claims. They kept me informed throughout the whole process and answered every question that I had. They made me feel so welcome, and I can’t thank them enough. I definitely would recommend this firm to everyone!!!

- MELIKA C.

"I am forever grateful."

I have no words to express my gratitude to the entire staff at the firm, but they all have a little spot in my heart. I am forever grateful that I found them through Google and went with the praises their previous clients had to say about them. They are just wonderful staff and the best care you could get in such a time of turmoil.

- PRISCILLA R.

"I expected an answering machine."

I spoke with an attorney here and was treated wonderfully. On my first phone call, I received tremendously useful advice. The attorney was at the office after hours and answered when I expected an answering machine during closed hours. This law firm is capable, knows a lot, and works hard for you even late into the day!

- ROBERT S.

Frequently Asked Questions About Wrongful Death Claims Everyone Should Know

A wrongful death lawsuit certainly raises a lot of questions and seeks 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 wrongful death lawsuit in Colorado:

Can you help me understand more about the state’s wrongful death laws?

Colorado laws surrounding wrongful death claims 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:

Who Can File: During the first year following the death, the decedent’s spouse has the exclusive right to file a wrongful death claim. If the decedent did not have a surviving spouse, the deceased’s children may file. If there is no spouse or children, the parents of the deceased may file a claim. During the second year, the decedent’s spouse, children, or either can file a wrongful death claim.
Damages: Claimants may seek both economic and non-economic damages, which could include medical expenses, funeral expenses, lost wages, loss of benefits, loss of companionship, and more. There are certain caps on non-economic damages, which a lawyer can explain.
Negligence: In order to win a wrongful death lawsuit, you must be able to prove that the death was caused by the negligence or reckless or intentional behavior of another party.
Felony Murder: If the defendant has been charged with murder or manslaughter in relation to the death, a separate wrongful death claim can still be filed.
Survival Actions: Colorado law allows the estate of the deceased person to bring a survival action to recover damages that the deceased could have recovered if he or she had lived. This includes medical expenses and the pain and suffering the deceased endured prior to death.

What is the average settlement for wrongful death cases?

There’s no average number we can provide you for how much you can be relieved for your wrongful death lawsuit 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:

How much income or earning potential the deceased person had.
The severity of the negligence or wrongdoing that caused the death.
The emotional suffering of the surviving family members.
The specific laws of the state where the death occurred.

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.

What are the four key elements to understand about a wrongful death case?

In most Colorado wrongful death lawsuits, your accident attorneys must show these vital elements to your claim:

A Duty of Care: This refers to a party’s responsibility to act with a reasonable amount of care or caution. For instance, motorists have a duty of care to others on the road when it comes to obeying traffic laws. When they don’t practice reasonable duty of care, an accident or wrongful death can occur, leaving a family devastated.
Not Following the Duty of Care: This means that some party failed to abide by their duty of care or operated a car, motorcycle, or truck negligently. When someone shows negligence while operating a motor vehicle, a breach of their duty of care can include speeding, driving under the influence, or reckless driving that leads to a car crash.
Causation: As the individual bringing the wrongful death claim (the plaintiff), you have to establish that the negligent act — the breach of the duty of care — directly caused the deadly injuries. If you’re in a crash that ends up being fatal, the plaintiff would need to prove that some failure on the part of the at-fault driver caused the crash and the death.
Damages: This refers to the losses the plaintiffs have suffered as a result of the death, covering both economic and non-economic losses. Are you without a person’s wages and health insurance coverage? Do you struggle to pay your bills due to the wrongful death that’s rocked your family to its core? We can help secure damages for you.

How do you prove a wrongful death lawsuit?

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:

Police reports
Accident scene photos
Videos of the incident or the aftermath
Eyewitness accounts and statements
Expert witness analysis and testimony
Medical records

Who has to pay in a wrongful death lawsuit case decision or settlement?

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 wrongful death lawyers 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.

Take the First Step Towards Justice with Our Personal Injury Attorneys

Choosing the right law firm for your wrongful death lawsuit 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 free consultation and take the first step towards holding those responsible accountable.