While no lawsuit can bring your loved one back, holding the responsible party accountable can provide justice, closure, and financial relief for your family. At Boesen Law, our Colorado Springs personal injury lawyers guide families through the complexities of wrongful death claims. A wrongful death lawyer in Colorado Springs can help you build a strong case, fight for the compensation your family deserves, and make sure those responsible are held legally accountable.
A Colorado Springs Wrongful Death Lawyer Who Fights for Families
We know that wrongful death cases require more than just filing a lawsuit. They demand a lawyer who understands Colorado’s wrongful death laws, has the resources to investigate the case thoroughly, and is prepared to take on insurance companies and large corporations.
Reach out to our law firm for a no-cost, no-obligation consultation today. Call our personal injury lawyers in the state of Colorado at (303) 999-9999 or contact us online.
How We Support Families During This Difficult Time
- A strategic legal approach – Wrongful death claims often involve complicated legal issues and powerful defendants who try to avoid responsibility. We build cases using compelling evidence, expert testimony, and aggressive negotiation strategies to maximize your compensation.
- A deep understanding of Colorado wrongful death law – Under C.R.S. § 13-21-202, wrongful death claims must be filed within strict deadlines, and not everyone is legally allowed to bring a claim.
- Compassionate representation – This is not just a case—it’s your family’s future. We take the time to listen to your story, understand your loss, and advocate for the justice you deserve.
Countless families throughout Colorado Springs have placed their trust in us to advocate for their loved ones. We invite you to review the results we’ve achieved in previous wrongful death cases and schedule a free initial consultation to explore your legal options.
Difference Between Wrongful Death Claims and Personal Injury Claims
A personal injury claim lets injured individuals seek compensation for their own losses – including medical bills, lost wages, and pain and suffering. However, if the injured person passes away, a different type of claim becomes necessary.
A wrongful death claim specifically helps surviving family members or the deceased’s estate recover compensation for their losses. This includes vital expenses like funeral costs, ongoing financial support the deceased would have provided, and the devastating emotional impact of losing a loved one.
Here’s something important to know: A wrongful death claim does not cover the deceased’s pain and suffering before death. For these damages, you’ll need what’s called a survival action. This separate legal action allows the estate to seek compensation for what your loved one endured before passing. Many families need to file both types of claims to ensure full compensation.
Don’t worry if this seems complicated – an experienced wrongful death attorney at Boesen Law can guide you through the process and determine exactly which legal actions will best serve your family’s needs.
How Is the Value of a Wrongful Death Case Determined?
Unlike personal injury claims that focus on the victim’s medical costs and pain, wrongful death lawsuits evaluate the financial and emotional toll on surviving family members. The total settlement or verdict depends on several factors—including damages claimed, medical expenses, and funeral costs.
Insurance companies typically try to minimize payouts by considering only immediate financial losses while disregarding long-term economic and emotional impacts. A wrongful death lawyer, however, ensures that every compensable damage is not only included in the claim but also supported by solid evidence.
Contact us to schedule a free consultation where our attorneys will evaluate your case and provide straightforward legal advice.
Who Can File a Wrongful Death Lawsuit in Colorado?
Colorado law places strict limits on who can file a wrongful death lawsuit. Eligibility depends on how much time has passed since the person’s death:
- First year after death: Only the surviving spouse has the right to file. If there is no spouse, the deceased’s children may file. If neither exists, the parents of the deceased may pursue a claim.
- Second year after death: Both the spouse and children of the deceased can file. If there is no spouse or children, the parents may still bring a claim.
Many families don’t realize that not everyone is allowed to file a claim, which is why it’s important to speak with a wrongful death lawyer before taking action.
What Compensation Can a Wrongful Death Claim Provide?
A wrongful death claim is meant to provide financial stability for surviving family members after a tragic loss. Compensation may include:
- Medical expenses and funeral costs – Any medical bills incurred before death and costs related to burial and memorial services.
- Loss of financial support – Wages the deceased would have earned, including future earnings they can no longer provide.
- Pain and suffering – Emotional distress, mental anguish, and the loss of companionship.
- Punitive damages – Additional compensation in cases of gross negligence or intentional misconduct.
In wrongful death lawsuits, compensation falls into two distinct categories. The first category covers damages paid directly to surviving family members, which includes compensation for emotional suffering, loss of companionship, and the financial support they would have received from their loved one. The second category encompasses damages paid to the deceased’s estate, which typically includes medical expenses incurred before death, funeral costs, and any financial losses the estate itself has suffered.
Our legal team carefully evaluates both categories to ensure nothing is overlooked. We work with financial experts to calculate the full economic impact, coordinate with estate representatives, and build a comprehensive case that accounts for both immediate and long-term losses.
How to Prove a Wrongful Death Case in Colorado Springs
Wrongful death claims require strong evidence to prove that another party’s negligence directly caused your loved one’s death. The key legal elements include:
- Duty of care – The responsible party had a legal obligation to act safely.
- Breach of duty – Their actions or negligence violated that obligation.
- Causation – Their conduct directly resulted in the person’s death.
- Damages – The loss has caused emotional and financial suffering for surviving family members.
Without these elements, the case may be dismissed. Your wrongful death lawyer in Colorado Springs will thoroughly investigate your claim to make sure every piece of evidence is accounted for.
What Qualifies as a Wrongful Death Lawsuit?
Not every accidental death qualifies as a wrongful death case. There must be clear legal grounds proving that another party’s negligence, recklessness, or intentional actions directly caused the death. Some of the most common types of wrongful death cases include:
- Fatal car accidents caused by reckless or impaired drivers
- Medical malpractice, including surgical errors, misdiagnosis, or medication mistakes
- Workplace accidents due to unsafe conditions, defective equipment, or employer negligence
- Defective products that cause fatal injuries
- Criminal acts such as assault, homicide, or negligent security failures
In each case, the family must prove that the at-fault party had a duty of care, failed to uphold that duty, and directly caused the death. Many wrongful death cases require extensive investigation, expert testimony, and legal action against large corporations, hospitals, or insurance providers who will aggressively fight the claim.
Who Pays for a Wrongful Death Attorney?
Many families hesitate to file a wrongful death lawsuit because they assume legal fees will be too expensive. However, wrongful death attorneys typically work on a contingency fee basis, meaning legal fees are only collected if the case is won.
- No upfront costs means families do not have to worry about paying for legal services out of pocket.
- Litigation costs, such as expert witnesses and court fees, are covered by the law firm and deducted from the final settlement.
- The at-fault party or their insurance provider may be required to pay legal fees in cases of extreme negligence.
Common Causes of Wrongful Death in Colorado Springs
A wrongful death can occur in many ways, but some of the most common causes include:
- Car accidents – Fatal crashes caused by reckless, distracted, or impaired drivers
- Medical malpractice – Errors such as misdiagnosis, surgical mistakes, and medication overdoses
- Workplace accidents – Falls, machinery failures, and other safety violations
- Defective products – Dangerous consumer goods, faulty auto parts, or unsafe medical devices
No matter how a wrongful death occurs, the responsible party should be held accountable. Your wrongful death lawyer at Boesen Law can identify all liable parties and fight for the compensation your family deserves.
Does Insurance Cover Wrongful Death?
Insurance policies often include coverage for wrongful death, but that does not mean insurance companies will pay what they owe without a fight. The type of insurance that applies depends on the circumstances of the death.
- Auto insurance may provide compensation if the wrongful death was caused by a car accident. However, if the at-fault driver was uninsured or underinsured, the victim’s uninsured motorist policy may need to be used. Many families do not realize how their loved one’s own auto insurance policy can help cover wrongful death damages, which is why understanding what auto insurance covers is crucial.
- Medical malpractice insurance applies when a wrongful death is caused by a healthcare provider’s negligence. However, these claims are aggressively defended, and hospitals often attempt to settle for far less than the case is worth.
- Business liability insurance may provide coverage if the death resulted from unsafe premises, a workplace accident, or a defective product. However, businesses frequently dispute liability and attempt to minimize payouts.
- Life insurance may offer a payout, but it does not replace a wrongful death claim. Life insurance only covers a predetermined amount and does not provide compensation for pain and suffering, lost wages, or punitive damages.
How a Colorado Springs Wrongful Death Lawyer Can Help You
A wrongful death case is a fight against insurance companies, corporations, or individuals who refuse to take responsibility. Without legal representation, families are often pressured into accepting low settlements that don’t cover their losses. We fight back by:
- Conducting a thorough investigation – Collecting police reports, medical records, and witness statements
- Negotiating with insurance companies – Making sure your family receives the maximum settlement possible
- Taking your case to trial if necessary – If a fair settlement isn’t offered, we are prepared to go to court
We take on the legal battle so you can focus on healing. You don’t have to face this process alone.
Talk to a Colorado Springs Wrongful Death Lawyer – Free Consultation
If your loved one’s death was caused by negligence, you deserve answers—and justice. Our firm is here to help you understand your rights, take legal action, and hold the responsible party accountable.
Contact us to schedule a free consultation. Let us handle the legal fight while you focus on your family.
Reach out to our law firm for a no-cost, no-obligation consultation today. Call our personal injury lawyers in the state of Colorado at (303) 999-9999 or contact us online.
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