Wrongful Death - When Negligence Turns Fatal
The lawyer 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.
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.
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. 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.
The lawyer you want fighting for you
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.
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
- 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.
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 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.
The 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.