Colorado Springs Wrongful Death Lawyer
The attorney you want fighting for your family’s rights
Sometimes people die due to the recklessness of others. When the negligence of property owners, service providers, caretakers, drivers, or others cause a personal injury accident that kills someone, it’s usually referred to as a wrongful death.
In Colorado, families who lose loved ones to an avoidable or wrongful death are often owed compensation for pain and suffering, medical and emergency services provided prior to death, a lifetime of lost wages and benefits, termination of companionship, lost counsel and funeral expenses, among other damages. Wrongful death claims can involve police shootings, allegations of nursing home neglect, fatal fights, and bad motorcycle accidents.
Wrongful Death Case Results
$700,000 for a wrongful death claim
The legal team at The Longo Firm, LLC, in Colorado Springs understands that it is difficult to think about finances during a time of mourning. You may still be trying to process what happened or figure out how to get from one day to the next.
The wrongful death lawyer you want in your corner
At this dark time, let The Longo Firm, LLC, take care of the insurance companies for you and go after the compensation you are owed. Wrongful death attorney Stephen A. Longo fights hard for fatal accident and injury victims. He knows that in times like this, vulnerable people need someone fighting for their family.
Our firm is aggressive in going after justice and the maximum payout on your claim. We understand that a too-small settlement could leave you struggling financially many years down the road. We will do everything in our power to make sure that doesn’t happen.
The Longo Firm, LLC, offers a free case evaluation to the loved ones of people who died in a wrongful death accident. Attorney Longo can talk with you about what happened, listen to your needs and explain the legal options available to your family.
Not all superheroes wear capes, some wear suits. Let Longo fight the good fight for you.
FAQs About Wrongful Death Cases
Wrongful death cases can be confusing. It’s easy to get mixed up by the terminology, the differences between civil and criminal courts or economic and non-economic benefits. Here are answers to some of the most frequent questions The Longo Firm, LLC, answers on the topic of wrongful death.
- What is wrongful death?
- Do I have a wrongful death case?
- Is wrongful death a crime?
- Should I accept a wrongful death settlement offer?
- How are wrongful death settlements paid out?
- Who can file a wrongful death claim in Colorado?
- Does Colorado have a statute of limitations to file a wrongful death lawsuit?
- How long does a wrongful death lawsuit take?
- How much money can I get for a wrongful death claim?
- Can I appeal a wrongful death lawsuit if I don’t win my case?
What is wrongful death?
Wrongful death happens when someone loses their life because another person or company acted carelessly or recklessly. It can result from many situations, such as a car crash, unsafe property conditions, or medical mistakes. Families who lose a loved one this way have the right to seek compensation for their losses.
A wrongful death claim is not about punishing someone with jail time. Instead, it focuses on holding the at-fault party financially responsible for the harm they caused. This means helping the surviving family recover compensation for both the financial losses and the emotional impact of their loved one’s death.
Filing a wrongful death claim can be a complicated and emotional process. It involves understanding the law, meeting strict deadlines, and presenting strong evidence that proves negligence. That’s why you should hire an experienced wrongful death lawyer who can guide you through the process and fight for the compensation you deserve.
Do I have a wrongful death case?
In Colorado, wrongful death claims may be filed in civil court by the parent, child, or spouse of a person who died due to someone else’s recklessness or negligence.
Wrongful deaths come in various forms and can be caused by situations like:
- Car accidents
- Slip and falls
- Pedestrian hit-and-runs
- Falls or entrapment due to poorly maintained passageways and staircases
- Fires
- Toxic fume leaks
- Medical malpractice
- Intentional harm
Is wrongful death a crime?
No. Murder, homicide, and manslaughter are crimes. Wrongful death is a civil matter. Wrongful death lawsuits are filed in civil court where criminal charges are not prosecuted. A civil court verdict in your favor does not mean a crime was committed or that criminal charges will be filed. The standard of proof is much higher in criminal than civil court.
A person can face criminal charges and be sued for wrongful death over the same fatality. It is also possible in such a scenario for a person to be innocent or acquitted in criminal court, but responsible for the death in civil court.
Should I accept a wrongful death settlement offer?
When an insurance company or at-fault party makes a settlement offer, it can be tempting to accept right away. Families often face financial stress after a death, and a settlement check might seem like relief. But many first offers are significantly lower than what the case is truly worth.
A fair settlement should cover all financial and emotional losses, now and in the future. Such expenses may include medical bills, lost future income, funeral expenses, and the impact of losing a loved one’s care and guidance. Add all these expenses up and your wrongful death claim can easily be worth a lot of money.
And once you accept a settlement offer, that’s it. Your case is settled. You cannot go back and ask for more money later, even if your future expenses increase dramatically. So before agreeing to any offer, it’s always best to talk with an experienced Colorado wrongful death lawyer. They can review your settlement offer, explain whether it is fair, and negotiate for more money if necessary.
How are wrongful death settlements paid out?
Wrongful death settlements in Colorado can be paid in different ways. Some are given as a single lump sum, while others are structured payments made over time. The method depends on the agreement reached in your case.
A lump sum payment provides immediate access to the full amount of compensation. This can help cover urgent costs like funeral expenses, outstanding medical bills, and daily living expenses. Structured payments spread out the money over months or years, which may help with long-term financial planning.
Each family’s situation is unique, so the best option depends on your specific needs. A lawyer can help explain the payment structure and make sure it works best for your family. What matters most is that the settlement fully covers the losses caused by the wrongful death.
Who can file a wrongful death claim in Colorado?
Colorado law limits who has the right to file a wrongful death claim. This ensures the process stays focused on the people most directly affected. The right to file depends on your relationship to the person who passed away. People who can file a wrongful death claim in Colorado include:
- A surviving spouse (husband or wife).
- Children of the deceased.
- If the deceased was unmarried and had children, those children have the right to file.
- If there is no surviving spouse or children, the parents of the deceased may bring a claim.
- A designated beneficiary may also have the right to file in certain cases under Colorado law.
Understanding these rules can be confusing, especially during a time of grief. Talking with a lawyer can help make sure the right person files the claim on time. Other rules and regulations apply when filing a wrongful death claim in Colorado. An experienced attorney can handle your wrongful death claim every step of the way.
Does Colorado have a statute of limitations to file a wrongful death lawsuit?
Yes, and the timeframe varies depending on your relation to the deceased.
Widow/widower: If the deceased was married, their spouse has the exclusive right to file a wrongful death claim for the first year after the incident.
Married with children: In the second year following the death, the deceased’s children may bring a claim, even if there is a surviving spouse.
Unmarried with children: If the person who died was unmarried, the deceased’s children have an absolute right to the claim and may pursue it at any time.
Unmarried, no children: If the deceased was unmarried and did not have children, the deceased’s parents may bring a claim forward at any time. Parents cannot file a claim if there is a surviving spouse or children, even if the spouse or children decide not to pursue a claim.
How long does a wrongful death lawsuit take?
The timeline for a wrongful death lawsuit can vary widely. Some cases may be resolved in a few months, while others can take years. The length depends on the complexity of the case, the willingness of the insurance company to settle, and the court’s schedule.
If liability (who was at fault) is clear and the damages (financial losses) are not disputed, the case may move quickly. But if the at-fault party denies responsibility or the damages are large, the process can take much longer. Families should be prepared for delays, especially if their wrongful death lawsuit goes to trial.
While no lawyer can promise a specific timeline, having strong legal representation can help prevent unnecessary delays. A wrongful death attorney can push the case forward, keep you informed, and fight to resolve it as quickly as possible. The focus should always be on securing a result that meets your family’s needs, not just a fast outcome.
How much money can I get for a wrongful death claim?
As each situation is unique, there is no average settlement or verdict for a wrongful death claim. In general, the final verdict or settlement would be made up of two types of damage awards - economic and non-economic.
- Economic losses include things like lost income, retirement contributions, and fringe benefits.
- Non-economic losses include things like pain and suffering, loss of companionship, and loss of guidance (for children).
The cap on non-economic damages was recently raised in Colorado and is normally reevaluated every two years. The maximum non-economic award for wrongful death in Colorado is currently around $572,000.
Can I appeal a wrongful death lawsuit if I don’t win my case?
Yes, in Colorado you can appeal a wrongful death lawsuit if a judge or jury rules against your case. An appeal is not a new trial, but a request for a higher court to review the lower court’s decision. The goal is to determine whether errors were made that affected the outcome.
Appeals often focus on legal mistakes, such as incorrect jury instructions, improper evidence, or errors in applying the law. They are complex and must be filed within strict deadlines. In Colorado, you generally have just 49 days to file an appeal for a ruling involving your wrongful death lawsuit. Winning an appeal can result in a new trial or even a reversal of the decision.
Because appeals are so technical, having an experienced wrongful death lawyer familiar with Colorado’s appeals process is critical. They can evaluate whether an appeal makes sense and skillfully guide you through the process every step of the way. Even if the first outcome was not in your favor, an appeal may provide another opportunity for justice.
The wrongful death lawyer Colorado Springs trusts
The Longo Firm, LLC, has been representing the families of people killed in preventable accidents for more than 10 years. We have a deep knowledge of Colorado’s wrongful death laws and how to best calculate and justify the compensation you will need to make up for your loss.
Attorney Longo understands the difficult position you are in right now. That’s why you can count on our firm to be there for you when you need us. We provide clients with a boutique and personal legal experience. We will answer your questions and give you case updates in plain English.
Don’t worry about our lawyer’s fee. Attorney Longo takes many wrongful death cases on contingency, which means our fee is paid for by the insurance companies - not you. We only get paid when we win.
Contact The Longo Firm, LLC, today for a free case consultation. You can learn more about the value of your claim and what our team can do to help you get maximum compensation for your loss.