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.
Many thoughts may be running through your head after the unexpected death of a loved one.
It seems unfair when a person dies, especially due to someone else’s negligence.
Among these may be questions about how you will pay for burial expenses and any outstanding medical bills.
You may also wonder how your family will cope financially after your loss.
What if you lost the main breadwinner, and the life insurance policy payout just isn’t enough? While you are still devastated at the news of the loved one’s death, it is reasonable to want to pursue justice, recover compensation and take legal action.
Are you the deceased’s surviving spouse?
While a wrongful death claim may not help you grieve, talking to a personal injury attorney about filing one may help provide financial stability during a time of uncertainty.
Grieving families shouldn’t have to navigate these legal issues alone.
A Colorado Springs wrongful death lawyer could walk you through this challenging process and explain all the necessary steps for pursuing compensation from the party responsible for your family member’s death.
Schedule a free consultation with the Spring Law Group.
Under Colorado Law, wrongful death occurs when it would not have happened if not for another party’s reckless or violent actions.
More specifically, Colorado Revised Statutes §13-21-201 establishes that a wrongful death lawsuit on behalf of the deceased person is appropriate when the facts of the case infer a valid personal injury claim had the victim survived the incident.
As a result, a case may follow from many common personal injury incidents, including:
What seems like a viable personal injury claim for a catastrophic injury due to another person’s negligence could turn out to be a fatal accident claim, all because of a negligent driver.
A Colorado Springs wrongful death lawyer could review a case to determine whether a family member or other personal representative has the grounds to file a valid lawsuit on a deceased person’s behalf.
Put your wrongful death case in the right hands.
Choosing an eligible plaintiff is one key aspect in which a survival action differs from a traditional personal injury case. CO. Rev. Stat. §13-21-201 provides a list of who may serve as a plaintiff and when these representatives may file a claim against the responsible party for financial compensation.
Only certain parties who can sue under Colorado wrongful death law can bring the claim.
Only the surviving spouse can file a claim within the first year following an unexpected death.
The surviving children or parent has priority to serve in this role if there is no surviving spouse or a year has passed.
Regardless of who brings the case to court, the purpose of wrongful death lawsuits is to provide compensation to the victim’s estate.
A Colorado Springs lawyer with experience in wrongful death claims and knowledge of Colorado Wrongful death law could help families choose an appropriate plaintiff, determine their legal options to represent the estate in court, and navigate this family member through the legal process.
Wrongful death attorneys note that another distinguishing factor in these claims is the wrongful death damages that a plaintiff can pursue when they file a wrongful death suit on behalf of the deceased person’s estate.
First, an estate can collect economic damages, which are the financial losses incurred by the family because of the death, including the following:
If the decedent held a job and used their income to support their family, the claimant also can demand future lost earnings.
Between expenses and lost wages, there is no limit on the amount of economic damages that can be claimed in wrongful death cases.
Wrongful death lawyers will tell you that the other category of damages is non-economic losses.
They will also say that it is not as easy to prove as funeral costs.
Non-economic damages typically include the following:
According to CO Rev. Stat. §13-21-203, there is a maximum limit of non-economic damages that a jury may award in this type of claim.
A wrongful death lawyer in Colorado Springs could help to measure a family’s losses to demand appropriate payments.
If the circumstances of your loved one’s death were particularly egregious, or her death could have been prevented, but for wrongful action that fell far below the required standard of care, ask your Colorado Springs wrongful death lawyer about punitive damages.
Some fatal accidents can qualify for such a payout.
The time following an unexpected wrongful death in Colorado can be uniquely challenging, and the pressure for surviving family members to take account of their finances after a devastating loss can be overwhelming.
If you’re in Colorado, wrongful death claims shouldn’t be taken lightly.
A Colorado Springs, CO wrongful death lawyer could help you handle the emotional and complex legal undertakings while you and your loved ones focus on grieving.
Call whenever you are ready to schedule a free consultation on your case.
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.
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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.
