Wrongful Death Lawyer in Colorado Springs

The Colorado Springs Wrongful Death Lawyers at Heuser & Heuser, LLP Serve Families Throughout Southern Colorado

A wrongful death occurs when someone you love has died because of another’s carelessness, negligence, or malicious actions, and nothing will ever make that right. A wrongful death claim seeks to compensate claimants for a family member’s death from someone else’s negligence or intentional actions.

Unfortunately, no amount of money will erase the pain or bring back your loved one, but the law recognizes that an unexpected loss can economically impact the family in a devastating way. Our wrongful death lawyers at Heuser & Heuser, LLP understand this, and we will fight to help your family.

For over 30 years, Heuser & Heuser, LLP’s lawyers have been there for thousands of clients here in Colorado Springs and throughout Southern Colorado. We know the pain and uncertainty that follows a fatal accident. Our Colorado Springs wrongful death attorneys collect the evidence and deal with the insurance adjuster while you and your family focus on moving past this tragedy.

Call us at (719) 520-9909 or fill out our contact form to schedule your free consultation so we can assess the strength and value of your wrongful death case. We are committed to providing Southern Colorado locals tailored legal guidance and peace of mind following a death in the family, and we will help you file a claim for wrongful death if you have a valid case.

It’s Easy to Start Pursuing a Wrongful Death Claim

We make getting help easy and quick — just call us at (719) 520-9909 or complete our online form to seek the straightforward answers you need.

You Have the Right to Pursue Compensation

If you have a wrongful death case, you have a legal right to seek compensation for your tragic loss. We work hard to protect that right, and we will seek the maximum compensation under Colorado Law for your loved one’s death.

Free Consultations for Southern Colorado Wrongful Death Cases

We offer free case reviews with no fees unless we win you compensation, so don’t hesitate if you need to file a wrongful death claim. Request your free initial consultation today.

Key Takeaways:

• Heuser & Heuser, LLP helps surviving members of the family pursue a wrongful death suit to seek compensation for the loss of a loved one due to a fatal injury or deadly accident caused by someone else’s carelessness in Southern Colorado
• The details surrounding a fatal accident can strongly affect your potential compensation, so it is wise to seek the guidance of a knowledgeable Colorado Springs wrongful death lawyer
• In Colorado, a survival action is a type of claim that can be filed by the estate of the deceased person to seek compensation for harms, expenses, and losses the person suffered before they died — this often happens alongside a wrongful death claim
• The wrongful death attorneys at Heuser & Heuser, LLP can work on a contingency fee basis, which means you only pay for our legal services if we are successful in winning compensation on your behalf
• Heuser & Heuser, LLP offers free consultations for wrongful death cases in Southern Colorado — we understand this is a challenging time, and we encourage you to request a free case evaluation today so we can assess your ability to file a wrongful death lawsuit

Do I Have a Wrongful Death Case in Colorado Springs?

Our Colorado Springs wrongful death attorneys can assess your unique case and help you determine whether you would meet the legal requirements to qualify for a wrongful death claim in Colorado.

What Is a Wrongful Death?

In Colorado, a wrongful death is a death that is a consequence of “a wrongful act, neglect, or default of another.” In other words, if someone’s reckless actions, irresponsible inaction, or neglectful failure to fulfill an obligation to your loved one’s safety was the cause of their death, the at-fault party could be held liable with a wrongful death lawsuit.

Proving liability can be complicated, though, and having the perspective and know-how of an experienced and competent Colorado Springs wrongful death lawyer will be a distinct advantage when defending your right to seek recovery on your damages.

Common Causes of Wrongful Deaths in Colorado Springs and Southern Colorado

You could have a Colorado Springs wrongful death case if your loved one’s accident involved one of the following:

• Slips, trips, and falls on someone else’s poorly-kept property
• Car accidents in which the fatality was caused by an irresponsible driver (for example, an intoxicated or overly drowsy driver)
• Medical errors (medical malpractice)
• Work-related accidents
• Work-related car accidents
• Pedestrian accidents
• Nursing home abuse or neglect
• Criminal acts (Note that criminal charges are separate from a civil lawsuit)

Note that car accidents and workplace accidents in construction jobs are some especially common types of wrongful death scenarios. This is only a general list of common causes of wrongful deaths. If you are still unsure whether you qualify to pursue a claim, submit your case for a free case review.

Statute of Limitations for Wrongful Death Claims in Colorado

Colorado’s statute of limitations on the majority of wrongful death cases is two years, allowing families of victims a two-year period from the date of the accident to file a claim. However, every case is different.

Surviving family members could miss out on valuable financial compensation by putting off pursuing a wrongful death action in a timely manner and missing the statute of limitations deadline, so it’s important to contact one of our attorneys immediately to establish your next steps. We will help you pursue justice through legal action if you are eligible for a wrongful death lawsuit.

We Are By Your Side Through Difficult Times Following The Death of a Family Member in Southern Colorado

If someone you care about has been the victim of a wrongful death, you are likely feeling many conflicting emotions — sadness over their loss, fear over how you will pay the accident-related expenses or make it by without their income, and anger over the injustice of them being taken from you.

Whether they were a parent, child, spouse, or another loved one, an unexpected loss is devastating. At Heuser & Heuser, LLP, we believe every family in such a situation needs justice.

An attorney from our office can be your understanding and honest partner in seeking compensation for your financial and emotional losses while also bringing a case against the liable party.

Eligibility to File a Wrongful Death Claim in Colorado Springs

Wrongful death law in Colorado can be very complicated and there were significant changes to the law enacted in 2024. Only certain family members are eligible to pursue a wrongful death action in our state, and eligibility changes from the first year to the second year following a fatal incident due to someone else’s negligence:

Who Can File a Wrongful Death Claim in Colorado (Post-2024 Law Changes)

First Year After Death

1. Surviving Spouse
   The spouse still has the exclusive right to file for wrongful death in the first year. They may share this right with children, grandchildren, or, in rare cases, siblings if no direct heirs exist.
2. Heirs with Spouse’s Consent
   If the spouse allows, children or other descendants can file or join the spouse’s claim. Post-2024, if there are no direct heirs, siblings might qualify—especially with the spouse’s written approval.
3. Designated Beneficiary
   If there’s no spouse, a designated beneficiary may file. Though the law remains similar here, siblings can sometimes step in when other heirs don’t exist.
4. Siblings
   Siblings (full or half) may file in the first year if there is no spouse, no direct heirs, and no beneficiary. Nieces or nephews can join if the sibling is deceased, though courts will clarify conflicts about who has priority.

Second Year After Death

1. Surviving Spouse and Heirs
   In the second year, the spouse and heirs can each pursue a claim without needing anyone’s consent.
2. Designated Beneficiary and Heirs
   A designated beneficiary can co-file with heirs when more than a year has passed.
3. Parents
   Parents may file if the decedent had no spouse or heirs. This is common for unmarried, childless adults or minors.
4. Siblings
   Siblings (and possibly their heirs) can file if no spouse, heirs, or parents are alive.

The Estate’s Survival Action

The decedent’s estate (through its personal representative) may bring a survival action for losses before death (e.g., medical bills, lost wages). This is different from wrongful death claims, which focus on family losses. Both can happen at the same time, and new rules about siblings may influence how proceeds are shared.

Key Points After 2024

• Siblings Now Count: They can file early if no closer relatives exist.
• Spouse Rules Remain: The spouse keeps first-year priority but can share the right.
• Estate Action: Continues alongside family claims for separate losses.

What Compensation Can I Seek in a Colorado Springs Wrongful Death Claim?

The jury will consider a number of factors while determining the amount of financial damages to award to you following a loved one’s death, including:

• The deceased’s age and condition
• Consequential loss of income
• Loss of parental counsel and guidance
• Loss of support or services
• Costs for a funeral and burial
• Loss of inheritance

The compensation you may be able to seek through a wrongful death claim can be divided among the categories of economic damages and non-economic damages.

Economic Damages in Colorado Wrongful Death Claims

• Economic damages compensate for straightforward monetary losses. Each wrongful death claim is different, but economic damages may include the following:
• Funeral and Burial Costs: Economic compensation in a Colorado wrongful death claim covers funeral expenses and burial services for the deceased.
• Loss of Financial Support: This includes the income the deceased would have provided to their family, calculated based on their earnings and potential future earnings.
• Loss of Benefits: Claimants may claim the value of benefits lost due to the death, such as health insurance, pension plans, and retirement benefits.
• Loss of Services: Compensation for the value of household services the deceased would have provided, such as childcare, maintenance, and other domestic tasks.

A survival action by the decedent’s estate will often seek recovery for the economic costs of medical care provided to the deceased before death, including hospital stays, surgeries, medications, and other medical bills prior to the death. However, in the absence of a survival action, a wrongful death claim may be an option to seek compensation for such damages.

Non-economic Damages in Colorado Wrongful Death Claims

Non-economic damages compensate for subjective losses, such as the following:

• Pain and Suffering: Damages for the emotional distress and mental anguish experienced by the family due to the loss of their loved one.
• Loss of Companionship: Compensation for the loss of love, companionship, comfort, and guidance the deceased would have provided to their family.
• Loss of Consortium: This specifically addresses the loss of a spousal relationship, potentially including affection, comfort, and sexual relations.
• Emotional Distress: Damages for the psychological impact and emotional suffering experienced by the family members.

The attorneys at our Colorado Springs law firm can estimate the comprehensive value of your claim and explain your legal rights if you seek to recover compensation following the death of a loved one.

How To Calculate Damages for a Colorado Wrongful Death Claim

The experienced wrongful death attorneys at Heuser & Heuser, LLP will negotiate with insurance companies on your behalf to seek a fair settlement. If insurers refuse to compensate you adequately, we will take your case to trial and present it to a jury. We bring in expert witnesses—such as therapists and economists—to show the scope of your loss and to illustrate the financial recovery needed for you to move forward.

Placing a dollar amount on the value of your relationship with the deceased is challenging, but our team takes the time to learn your story and ensure it resonates with a jury. We speak with the people closest to you—friends, coworkers, and family—so they can testify to the impact of the loss on your life. Through thoughtful preparation and strategic presentation, we work to secure the compensation you and your family deserve.

To find out whether you qualify for a wrongful death lawsuit, contact us for your free case review. Our Colorado Springs wrongful death attorneys are here to explain state and local laws while guiding you through the legal process and helping you address these emotional and financial challenges.

How Can Heuser & Heuser, LLP Help Following a Fatal Accident in Southern Colorado?

The burden of collecting evidence to prove negligence, negotiating with insurance adjusters, and meeting each deadline can be overwhelming when you have already been through so much. Also note that Colorado is a modified comparative negligence state, so the opposition will often seek to fight these claims by arguing that the deceased person contributed to or caused the death. Your claim needs to stand up to those challenges.

The attorneys at Heuser & Heuser, LLP have experience building airtight cases seeking the full compensation that victims’ families need. An experienced wrongful death attorney at Heuser & Heuser, LLP can help you in the following ways:

• Clarify Eligibility and Filing Rules: Your attorney can explain who has the right to file a wrongful death claim and when, based on Colorado law. We can help clarify the role of the spouse, heirs, and other parties during the first and second years after a family member’s death.
• Investigate the Incident: Your lawyer can conduct a thorough investigation into the circumstances of the wrongful death. This may include gathering police reports, medical records, and other evidence to support the claim.
• Gather and Preserve Evidence: Our wrongful death attorneys collect physical evidence, photographs, and witness testimonies. We also work with specialists like accident reconstructionists and medical professionals to bolster the case.
• Handle Legal Paperwork and Deadlines: Filing a claim involves strict deadlines like the two-year statute of limitations in Colorado. Your attorney will manage the paperwork and filings to help you avoid procedural errors and missed deadlines.
• Evaluate Economic and Non-economic Damages: Your lawyer can calculate recoverable damages based on lost income, medical expenses, funeral costs, and emotional suffering. We help families understand the compensation they may pursue under the updated 2025 laws.
• Negotiate with Insurance Companies: If insurance companies are involved, your attorney can negotiate to pursue a settlement that reflects the family’s losses, which may otherwise be undervalued by insurers.
• Advocate in Court: If a settlement cannot be reached, your attorney can present the case in court, arguing for fair compensation based on evidence and legal precedent.
• Coordinate with the Deceased Person’s Estate: Your lawyer can work with the personal representative of the decedent’s estate to align any survival action with the wrongful death claim.
• Provide Legal Guidance Throughout the Process: Having experienced legal support can help families understand their rights, the legal process, and their options for moving forward.

Wrongful death lawsuits seek to provide financial compensation for family members while also delivering the message to the at-fault party that they need to practice greater safety in the future. Families may be able to find closure and justice in the case’s resolution.

Our lawyers for wrongful death claims take care of the legal work in the lawsuit while keeping you updated at each step of the way, allowing you to grieve and heal with your family.

What’s Next in a Colorado Springs Wrongful Death Claim?

Reviewing Your Wrongful Death Case for Free

We offer consultations at no cost, giving you the opportunity to access vital advice on your situation without worrying about the cost. If you have a case, we start working on it from that point.

Collecting the Evidence

To demonstrate the extent of the financial loss that the tragedy caused you, your attorney at Heuser & Heuser, LLP will begin collecting evidence immediately. Medical bills and records, witness and expert testimony, photos and video footage, law enforcement reports, and other documents will all be used to prove the at-fault party’s negligence.

Negotiating With Insurance Companies

Rather than leaving you to navigate negotiations alone with an insurance adjuster who is trying to save the insurance company money on your claim, Heuser & Heuser, LLP steps in and takes that pressure off of you. When you hire us to handle your case, all negotiations will go through your attorney who fights for the maximum settlement under the law.

Reviewing Settlement Offers

You will have the opportunity to either accept or deny the final settlement offer. It is completely up to you. If you do accept, your attorney will take steps to speed up your ability to access the compensation.

Schedule a Free Consultation with Heuser & Heuser, LLP to Explore a Wrongful Death Claim in Colorado Springs

If you have lost a family member due to a fatal incident caused by someone else in Colorado Springs or the surrounding area, our skilled Colorado wrongful death attorneys at Heuser & Heuser, LLP can guide you to pursue a wrongful death claim. Our law firm will evaluate your case for free, and we will work on a contingency fee basis, which means you only pay us if we win money for you in your case.

While our wrongful death lawyers provide you legal representation, you can focus on your family. We are dedicated to seeking justice for the families of fatal accident victims in Southern Colorado. We are committed to providing you peace of mind while we seek the money you need for your loss.

Call us at (719) 520-9909 or fill out our contact form to schedule your free consultation so we can assess your case and begin your path to financial recovery and justice.

Southern Colorado Locals Committed to Providing You Peace of Mind on Your Road to Recovery

Call or text (719) 520-9909 or complete a Free Case Evaluation form