Colorado Springs Wrongful Death Lawyer

If you have lost a loved one in an accident in Colorado Springs, Colorado, you and your family may be entitled to compensation by filing a wrongful death claim. Call Kimball Injury Law, LLC for a free consultation at (719) 357-9444. Our Colorado Springs wrongful death lawyer can help you through the legal process while providing compassionate support along the way.

Attorney Kimball cares deeply about the families he represents and takes every wrongful death case personally. With over 21 years of experience, he has recovered millions of dollars for clients since the firm’s founding, a track record of success you’ll be able to depend on as your case moves forward. 

Why Hire Kimball Injury Law, LLC After a Wrongful Death in Colorado Springs, Colorado?

Pursuing a wrongful death claim during the aftermath of losing a loved one can feel impossible without the right support on your side to help you handle the legal side of things. Kimball Injury Law, LLC is one of the most respected legal practices in the area and will immediately prioritize your case if you decide to hire us. 

Here are a few reasons families in Colorado Springs, CO, choose to work with our attorney:

  • Over two decades of experience handling personal injury and wrongful death claims
  • Millions of dollars recovered for clients across the state
  • A compassionate approach that respects what your family is going through while still fighting aggressively for results
  • Willingness to take your case to trial if the insurance company refuses to offer fair compensation
  • Working relationships with expert witnesses who can strengthen your case

Reach out to our Colorado Springs personal injury attorneys today to schedule your free case review and learn more about our legal services. 

What Is Wrongful Death Under Colorado Law?

Colorado’s Wrongful Death Act is found in C.R.S. § 13-21-201 through subsequent laws. Under this Act, a wrongful death claim can be filed when someone dies as a result of another person’s or entity’s “negligence, unskillfulness, or criminal intent.” Essentially, if the deceased person would have had a valid personal injury claim had they survived, their eligible family members can pursue a wrongful death claim instead.

Not everyone is eligible to file; Colorado law establishes a specific order of priority. During the first year after the death, only the surviving spouse may bring the claim, unless they elect in writing to allow the deceased’s children to file and/or join in the action. If the deceased wasn’t married, their children or a designated beneficiary may file the lawsuit. 

During the second year after the death, the surviving spouse and heirs may file together. The designated beneficiary may also bring a claim at that point.

How Much Is My Colorado Springs Wrongful Death Claim Worth?

Placing a dollar value on a human life is something no one wants to do, but damages are the only remedy the civil court system can offer your family. Every wrongful death case is different, and a number of factors will influence what yours may ultimately be worth:

  • The age and overall health of the deceased at the time of the accident
  • The income your loved one was earning and their projected future earnings
  • The level of financial support and services they provided to the family
  • The nature of the relationship between the deceased and the surviving family members
  • Whether the deceased bore any responsibility for the accident
  • The strength of the evidence establishing the other party’s fault

Our Colorado Springs personal injury lawyer can help your family get a clearer picture of what your claim may be worth during your free consultation. Contact us today to get started. 

We Can Help With Any Type of Wrongful Death Case in Colorado Springs

Our lawyer has over two decades of experience and is prepared to help your family regardless of how the death occurred. Some of the most common types of wrongful death cases we can help with include:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Pedestrian accidents
  • Bicycle accidents
  • Workplace accidents
  • Medical malpractice
  • Premises liability incidents
  • Defective product injuries
  • Assaults and other intentional acts

Contact our personal injury attorney today, even if your situation isn’t listed above. We can evaluate the facts and help you determine whether a wrongful death claim is an option during your free case review.

What Damages Can I Recover by Filing a Wrongful Death Claim in Colorado Springs?

Wrongful death damages in Colorado work differently from what you’d see in a standard personal injury case. Under the Wrongful Death Act, the damages are meant to compensate the surviving family members for the losses they’ve suffered as a result of the death.

One category focuses on the full value of the deceased person’s life. This can include compensation for things like:

  • Grief and sorrow
  • Loss of companionship and consortium
  • Emotional stress and mental suffering
  • The loss of care, guidance, and protection that the deceased provided

The second category addresses the financial impact the death has had on the family, including:

  • The deceased person’s lost wages and projected future income
  • Funeral and burial expenses
  • Loss of benefits, services, and household contributions

In cases where the death was caused by fraud, malice, or willful and wanton conduct, exemplary damages may also be available. These are capped at an amount equal to the actual damages awarded, but can still add significant value to a claim when the circumstances warrant them.

What if My Loved One Is Being Blamed for the Accident?

Colorado’s modified comparative negligence rule applies to wrongful death claims just as it does in other personal injury cases. If your loved one is assigned less than 50% of the fault, your family can still recover damages. However, the total award will be reduced by whatever percentage of responsibility is attributed to them. If their share of fault reaches 50% or higher, the claim is barred entirely.

This is one of the strongest reasons to hire an experienced wrongful death attorney early in the process, as the opposing party will almost certainly try to reduce their liability through this framework. Our lawyer knows how to counter blame-shifting strategies by gathering independent evidence and building a clear picture of what actually happened. 

How Much Does It Cost To Hire a Wrongful Death Lawyer in Colorado Springs?

Most wrongful death attorneys in Colorado Springs, including those with our firm, handle these cases on a contingency fee basis. Your family won’t owe anything upfront, and there are no hourly charges or flat fees to worry about. We only collect attorneys’ fees if we recover compensation for you.

This system is meant to benefit both of us. You can hire any attorney you’d like for your case, no matter your current financial circumstances, and we’ll be incentivized to increase the value of your claim as much as we can.

How Long Do I Have To File a Wrongful Death Claim in Colorado?

The statute of limitations for most wrongful death claims in Colorado is typically two years from the date of the deceased person’s death. If your family doesn’t file a lawsuit within that two-year window, you will almost certainly lose the right to pursue compensation. 

There are exceptions that can adjust this time limit, but only in specific circumstances. It’s best to contact our wrongful death lawyer as soon as you can so that we can help you take timely legal action. 

Contact Our Compassionate Colorado Springs Wrongful Death Attorney for a Free Consultation

Losing a family member to someone else’s negligence in Colorado Springs, CO, is a tragedy that no amount of money can truly make right. However, a successful wrongful death claim can help your family find financial stability and a sense of justice during an incredibly painful time. Kimball Injury Law, LLC is here to stand by your side through every step of the legal process, no matter what it takes.

Our Colorado Springs wrongful death attorney has 21 years of experience and has recovered millions for families across the state. Contact us today to schedule a completely free consultation so that we can review the details of your case and help your family understand what comes next.