Member of the Colorado Bar Association since 2014. Attorney, Christopher M. Nicolaysen focuses primarily on helping those injured in Colorado car accidents, other auto accidents, and Colorado personal injury incidents.
This article has been written and reviewed for legal accuracy and clarity by the team of writers and attorneys at Springs Law Group and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced Colorado personal injury lawyer, Christopher Nicolaysen, you can do so here.
Springs Law Group does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.
The start of the Colorado Springs wrongful death case process is called the complaint.
These claims begin whenever somebody alleges that they lost a loved one because of another person, and therefore, are entitled to receive compensation.
Most wrongful death cases involve an insurance company that has agreed to pay for the loss in the event of a wrongful death.
That may be an auto insurance company, property insurance provider, or any other insurance company.
While an attorney can enter the picture at any point in a claim, and it is best to contact them early.
They could help claimants avoid pitfalls when talking to the opposing insurance company, decide whether to pursue damages or solatium, understand damage caps, estimate future income of the lost loved one, and handle the stress of the case while the plaintiff grieves.
The process for investigating a fatal accident varies depending on the facts of the case.
Investigation of liability can be minimal in some cases with an obvious at-fault party.
For example, Colorado Springs has a Major Accident Unit to investigate cases in which a car accident caused someone to die.
The lawyer’s investigation process in these situations may be a matter of calling on an investigating officer from that unit to testify regarding their findings.
However, if it looks like the deceased may have been at fault, the insurance company may try to exaggerate this argument and thereby reduce how much money they must pay.
In these situations, an attorney may need an investigative team or accident reconstruction expert to develop evidence of liability and the amount of damages that were incurred.
Additionally, a lawyer may use experts to determine appropriate compensation for damages like future lost income, the psychological effects experienced by the family members, and more.
In some wrongful death cases, the evidence gathered may be the same as that in a personal injury claim.
However, the wrongful death claim may have more emphasis on the losses that the deceased’s family members experienced.
The duration of a wrongful death claim depends on many factors.
It can be short if there is little insurance available, or it can be long if there are many facts that are in dispute.
Usually, the case process for a wrongful death case in Colorado Springs takes about nine months to a year before the claim gets to trial.
Most cases last roughly one year, though the process may take several years if it is highly contested or goes to appeal.
In Colorado Springs, the wrongful death claim process is complete when both parties reach a settlement agreement or a jury awards compensation.
The insurance company can pay out a certain amount of money to the claimant in a settlement, ending the claim.
Alternatively, a jury may award a certain amount of money to the deceased’s family.
When all appeals of that award are complete or the time limit for them passes, the claim is over.
Losing a loved one is difficult.
The last thing you should be worrying about is handling the claims process and how to best build your case.
The compassionate attorney at our firm could help you and your family during this trying time in your life.
For more information about the Colorado Springs wrongful death case process, call today.
Partner
Attorney, Christopher M. Nicolaysen focuses primarily on helping those injured in car accidents due to no fault of their own.
The personal injury matters include auto accidents, bicycle accidents, pedestrian accidents, and trucking accidents.
Chris truly enjoys helping clients through a difficult time and helping them get the compensation they deserve.
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I was uneasy about reaching out to a law firm after being in an accident that left me injured and my vehicle totaled. I don’t care for the idea of suing for what was very clearly an accident. However, after learning more about the overall process of working with a professional team to navigate the murky waters of the insurance world, I was pleasantly surprised to find that the experience wasn’t as gross as I’d originally felt about it.
Springs Law is very friendly and professional. I always felt that they were on my side and cared about my injury and what I was going through. I highly recommend them.
Springs Law Group is an amazing group to work with! I got into a rough accident, and they never ceased to let me know they were there working hard to help me in my hour of need. It was always very easy to reach out to someone if I had any questions, and they were always happy to answer any questions I had.
I never have a problem with getting a response when I need them – which is not the case with most other firms. They really truly care about each client. As a plus, they always have positive attitudes, which matters tremendously when you are in a stressful legal situation.
Big thanks to Mr. Jake Kimbell and his team for their assistance with my case. He helped me through an incredibly challenging part of my life, and most importantly helped navigate through the convoluted legal channels of my case. I cannot thank him and his team enough for their support.
The entire team at Springs Law group has been nothing but amazing. Jake and the rest of the staff were great to work with and extremely professional. They were very attentive and answered any questions and concerns I had. I was always able to contact them and they were very responsive and communicated with me.
Springs Law Group is an amazing group to work with! I got into a rough accident, and they never ceased to let me know they were there working hard to help me in my hour of need. It was always very easy to reach out to someone if I had any questions, and they were always happy to answer any questions I had.
