Colorado Springs Wrongful Death Attorney

Losing a loved one due to someone else’s negligence is an unimaginable tragedy, leaving families overwhelmed with grief and uncertainty. If you lost a loved one due to someone else’s negligence, we offer our deepest sympathies. At Franklin D. Azar & Associates, we understand the profound emotional toll this kind of loss can take. 

As a dedicated Colorado Springs wrongful death lawyer, we provide compassionate support and legal guidance to help you navigate this difficult time. We are committed to ensuring you receive the justice and compensation your family deserves. Contact us today for a free consultation to discuss your case and explore your options.

Why Choose Us for Your Colorado Springs Wrongful Death Claim

When you’re dealing with the loss of a loved one, you need more than just legal representation—you need a compassionate partner who will fight relentlessly for your rights.

At Franklin D. Azar & Associates, we bring over three decades of experience and a proven track record of success to your wrongful death case. Our team of dedicated Colorado Springs wrongful death lawyers combines deep legal experience with a genuine commitment to our clients’ well-being.

We understand that no amount of compensation can truly make up for your loss. However, our firm has the resources, skills, and determination to take on even the most challenging cases against powerful opponents.

From our founding in 1987 by Franklin D. Azar, we’ve grown into the largest plaintiff-centered personal injury firm in Colorado, with a reputation for securing substantial verdicts and settlements for our clients.

 

Our attorneys have successfully handled complex litigation across the country, demonstrating our ability to navigate intricate legal landscapes while always prioritizing our clients’ needs.

 

Choosing Franklin D. Azar & Associates means partnering with a firm that’s not just focused on legal outcomes but on supporting you through every step of this difficult process.

 

We offer personalized attention, clear communication, and a commitment to pursuing the full and fair compensation you deserve. Let our experienced team shoulder the legal burden while you focus on healing and honoring your loved one’s memory.

 

What is a Wrongful Death?

American Institute of Legal Advocates

A wrongful death occurs when a person loses their life due to the negligent, reckless, or intentional actions of another party. In legal terms, it’s a death caused by someone else’s misconduct or failure to act responsibly. Wrongful death claims are civil actions, distinct from criminal proceedings, that allow surviving family members to seek compensation for their loss.

Common scenarios that may lead to wrongful death claims include:

  • Car accidents caused by negligent drivers
  • Medical malpractice resulting in a patient’s death
  • Workplace accidents due to unsafe conditions or OSHA violations
  • Defective products that lead to fatal injuries
  • Nursing home neglect or abuse
  • Criminal acts resulting in death

In Colorado, the law recognizes that such losses have profound emotional and financial impacts on the deceased’s family. Wrongful death lawsuits provide some measure of justice and financial support to help survivors cope with their loss and its consequences.

Proving a wrongful death case requires demonstrating that the defendant’s actions (or inactions) directly caused the death and that this death has resulted in quantifiable damages to the surviving family members. This is where an experienced Colorado Springs wrongful death attorney can build a strong case and advocate for the rights of the bereaved.

Who Can File a Wrongful Death Lawsuit in Colorado Springs?

In Colorado, the right to file a wrongful death lawsuit is determined by the relationship to the deceased and the timing of the claim. The laws are structured to ensure that those closest to the deceased have the opportunity to seek justice.

During the first year following the death, the surviving spouse holds the exclusive right to file a wrongful death lawsuit. However, if the spouse provides written consent, the spouse and the heirs can jointly pursue the claim, or the heirs alone can file if the deceased did not leave a surviving spouse.

After the first year has passed, the right to file a wrongful death lawsuit extends to additional family members.

During this period, the following individuals may initiate a claim:

  • The surviving spouse
  • The heirs of the deceased, including the children or, if there are no children, the parents of the deceased
  • The spouse and heirs together
  • The designated beneficiary of the deceased

This means that in the second year, heirs can either file their own lawsuit or join an existing one initiated by the spouse in the first year.

Starting January 1, 2025, Colorado law will further expand the right to file a wrongful death lawsuit. If the deceased has no surviving spouse, heirs, or designated beneficiary, the right to bring a wrongful death claim will pass to the deceased’s siblings or their heirs.

This progressive approach ensures that the right to seek justice for a wrongful death extends to those most closely connected to the deceased, reflecting Colorado’s commitment to upholding the rights of grieving families. 

What is the Deadline for Filing a Wrongful Death Lawsuit?

Best Law Firms

The general statute of limitations for filing a wrongful death lawsuit in Colorado is two years from the date of the deceased person’s death. This means surviving family members or eligible parties have up to two years to initiate a legal claim. Failing to file within the designated time frame can result in losing the right to pursue compensation for your loss.

While the two-year deadline applies in most cases, certain situations may affect this timeframe:

  • Discovery Rule: In some cases, the clock may start from the date the cause of death was discovered or should have been discovered rather than the date of death itself. This exception usually applies in situations where the cause of death was not immediately apparent, such as in cases involving medical malpractice or defective products.
  • Cases Involving Government Entities: If the wrongful death involves a government entity, such as a public hospital or a government vehicle, the deadline for filing a Notice of Claim is 182 days after the death.

Given the complexity of wrongful death claims and the importance of meeting the filing deadlines, consult a Colorado Springs wrongful death lawyer as soon as possible to protect your rights. Prompt legal action preserves your ability to seek justice and allows for a thorough investigation while the evidence remains fresh.

 

What Damages are Available in a Colorado Springs Wrongful Death Case?

 

Franklin D. Azar Accident Lawyers AttorneyIn a wrongful death case, Colorado law recognizes that the loss of a loved one has far-reaching financial and emotional impacts on the surviving family members. While no amount of money can truly compensate for the loss of life, the legal system aims to provide some measure of justice and financial support.

Here are the damages available in a Colorado Springs wrongful death case:

  • Lost wages and benefits the deceased would have earned
  • Loss of household services the deceased would have provided
  • Medical expenses related to the final injury or illness
  • Funeral and burial costs
  • Grief, loss of companionship, and emotional stress

Colorado law provides an option to claim solatium, or a set amount provided to the surviving spouse and heirs. This covers grief, loss of companionship, pain and suffering, and emotional distress, offering a standardized compensation instead of leaving the determination of these damages to a judge or jury.

Some cases may recover punitive damages to punish particularly egregious conduct and deter similar behavior.

The process of calculating damages in a wrongful death case can be complex, often requiring input from economic experts and careful documentation of the deceased’s earnings and contributions to the family. 

At Franklin D. Azar & Associates, our experienced Colorado Springs wrongful death lawyers work diligently to ensure all applicable damages are thoroughly assessed and pursued, striving to secure the maximum compensation possible for our clients during this difficult time.

How Much Does it Cost to Hire a Colorado Springs Wrongful Death Lawyer?

At Franklin D. Azar & Associates, P.C., we understand that the financial burden of losing a loved one can be overwhelming. The last thing you should worry about during this difficult time is the cost of hiring a lawyer. That’s why we work on a contingency fee basis for wrongful death cases.

You won’t pay any upfront fees or out-of-pocket expenses when we take on your case. Instead, our payment is contingent upon winning your case. This means that you only pay attorney fees if we successfully recover compensation for you through a settlement or court verdict. Our fees are a predetermined percentage of the amount we recover, so there are no surprises.

This approach allows you to pursue justice and compensation without the added stress of legal costs. It also aligns our interests with yours—our success is directly tied to your success, ensuring that we are fully committed to achieving the best possible outcome for your case.

We also offer a free, no-obligation consultation to discuss your case and explain the contingency fee structure. During this consultation, we will assess the merits of your case, answer any questions you may have, and provide guidance on the next steps.

By choosing Franklin D. Azar & Associates, P.C., you can focus on healing while we handle the legal complexities of your wrongful death case. You don’t have to worry about the cost of legal representation—we’re here to help you every step of the way, with no financial risk to you.

How Can a Lawyer Help with Our Wrongful Death Case?

10 best 2023 attorney

Losing a loved one due to someone else’s negligence is a devastating experience, and navigating the legal complexities of a wrongful death case can be overwhelming. The experienced attorneys at Franklin D. Azar & Associates, P.C., can provide the support, guidance, and advocacy you need during this difficult time. Here’s how our team can help you with your wrongful death case:

Comprehensive Investigation:  

Our attorneys will conduct a thorough investigation to gather all necessary evidence, including medical records, accident reports, witness statements, and expert testimony. This meticulous approach ensures that we build a strong case on your behalf.

Expert Legal Guidance:  

The legal process can be complex, especially in wrongful death cases. Our team will guide you through each step, explaining your rights and options and helping you make informed decisions about your case. We are committed to ensuring you understand the process and feel supported.

Negotiating with Insurance Companies:  

Insurance companies often try to minimize payouts in wrongful death claims. Our skilled negotiators will handle all communications with the insurance companies, working tirelessly to secure a fair settlement that reflects the full extent of your loss.

Litigation and Court Representation:  

If the insurance company fails to make a fair settlement, our attorneys will take your case to court. With decades of experience in the courtroom, we will vigorously represent your interests, presenting a compelling case to the judge and jury.

Pursuing Maximum Compensation:  

We understand the profound impact a wrongful death can have on your family, both emotionally and financially. We aim to pursue the maximum compensation available, covering medical expenses, funeral costs, lost income, and the pain and suffering you’ve endured.

Compassionate Support:  

At Franklin D. Azar & Associates, P.C., we recognize that this is more than just a legal case—it’s a deeply personal matter. We are committed to providing compassionate and personalized support and treating you with the respect and care you deserve.

No Upfront Fees:  

We work on a contingency fee basis, meaning you won’t pay any attorney fees unless we successfully recover compensation for you. This allows you to focus on healing while we handle the legal work.

Contact our Colorado Springs Wrongful Death Lawyers for Your Free and Confidential Consultation

The loss of a loved one due to someone else’s negligence is an unimaginable burden. At Franklin D. Azar & Associates, P.C., our experienced Colorado Springs personal injury lawyers, can help ease your burden by providing the legal support and guidance you need during this difficult time. Our dedicated team is committed to fighting for justice on your behalf, ensuring that you and your family receive the compensation and closure you deserve.

Don’t face this challenging journey alone. Reach out to our experienced Colorado Springs wrongful death lawyers today at (303) 757-3300 or through our online form. Let us stand by your side and help you navigate the path forward.

Franklin D. Azar Accident Lawyers – Colorado Springs Office

5536 Library Ln,
Colorado Springs, CO 80918
P: (719) 722-3190

GET A FREE CONSULTATION

  • This field is for validation purposes and should be left unchanged.

Cases We Handle at Our Thornton Office

  • Payment of Medical Bills

  • Ongoing Medical / Care Expenses

  • Lost Income

  • Loss of Earning Capability

  • Pain and Suffering

  • Property Damage and Loss

  • Out-of-Pocket Expenses

  • Free telephone, home or hospital consultation that carries no obligation to you

  • Compiling evidence for your case

  • Negotiating with insurance companies on your behalf and setting up claims

  • Fighting for the best settlement for your injury claim

  • Assisting you to arrange temporary transportation and getting your car fixed

  • Assisting you to receive timely medical treatment for your accident injuries

  • Helping you understand every step throughout your case