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.
If you recently suffered the loss of a loved one in a fatal accident, you know all too well how devastating and disorienting a sudden death in the family can be.
What you should also know, however, is that depending on the circumstances under which your loved one died, you may have legal options at your disposal for pursuing civil compensation.
While monetary damages cannot possibly replace your loved one, the recovery a Fort Carson wrongful death lawyer could help you seek may be crucial to maintaining your family’s financial security in the years to come.
Once retained, our compassionate personal injury attorneys could offer guidance and support throughout any legal action you wish to undertake.
Colorado Revised Statute §13-21-201 establishes that a deceased person’s spouse has priority regarding the right to file a wrongful death claim on their behalf.
A decedent’s children may file a claim in the second year following that person’s death, but they can only pursue legal action in the first year if given permission by the spouse.
A decedent’s children also may have the option to file within the first year if this person did not have a spouse.
Finally, the decedent’s parents or a legally designated beneficiary may file suit if neither the decedent’s spouse nor children are available.
Regardless of which party files suit, the applicable statutory deadline is two years from the date of the decedent’s death, as per C.R.S. §13-21-204.
A Fort Carson attorney could help identify who may have the right to pursue a wrongful death claim and help them file within the legal deadline.
Since claimants file wrongful death cases on behalf of a deceased individual for someone else’s negligence, the criteria for proving liability are essentially the same as they would be for any personal injury case.
The filing party must demonstrate that the defendant violated a duty of care in such a way that it directly led to the deceased’s injuries and, in this case, premature death.
The process of recovering damages, however, differs slightly in a few key ways.
First, there are two different types of civil claims that a person can file after someone’s death, each of which may pursue different types of damages.
The decedent’s family members may file a wrongful death lawsuit to recover for lost income from the deceased’s employment, loss of companionship and consortium, and financial benefits such as life insurance payments.
Alternatively, a person representing the decedent’s estate may file a survival action to recover on behalf of that estate for medical bills, funeral expenses, and other losses related to the decedent’s injury and physical suffering prior to their death.
Noneconomic damages, or losses that do not have a designated quantity, have a maximum limit of $250,000 plus inflation, according to C.R.S. §13-21-203.
A qualified wrongful death lawyer could determine what forms of recovery a claimant may be able to receive in a particular case in Fort Carson.
You should not have to bear financial losses due to someone else’s careless or reckless actions, especially if those actions had fatal consequences for a family member.
However, filing a wrongful death case to pursue compensation for those losses can be an emotionally draining undertaking.
This is why having dedicated legal assistance could be so important.
A Fort Carson wrongful death lawyer could work with you every step of the way through your claim, answering every question you have and working relentlessly to pursue a fair outcome.
If you are ready to take action, schedule a consultation to discuss the options available to you.
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.
