Do Wrongful Death Cases Go to Trial in Colorado?

Understanding How Wrongful Death Claims Typically Resolve

Families who have lost a loved one due to someone else’s negligence often wonder whether a wrongful death case will end up going to trial. In Colorado, many wrongful death claims are resolved before a courtroom trial ever takes place. That said, every case is different, and the path a claim takes depends on the facts, the parties involved, and how willing the insurance company or defendant is to accept responsibility.

A wrongful death claim is a civil action designed to provide surviving family members with financial compensation after a preventable loss. These cases may arise from car accidents, medical errors, workplace incidents, or other acts of negligence. While trials do occur in some cases, most wrongful death claims are resolved through negotiated settlements once the evidence has been fully developed.

Why Many Wrongful Death Cases Settle Before Trial

There are several reasons why wrongful death cases often settle rather than proceed to trial. Trials can be lengthy, expensive, and emotionally taxing for grieving families. Insurance companies and defendants are also aware that juries may be sympathetic to surviving family members, which creates uncertainty for both sides.

Settlement discussions usually take place after an investigation is completed and the full scope of damages is understood. When liability is clear and damages are well supported, insurers may prefer to resolve the case rather than risk an unfavorable verdict. Settlements allow families to receive compensation sooner and avoid the stress of courtroom proceedings.

However, settlement is not always possible. If the defendant disputes fault, minimizes damages, or refuses to make a reasonable offer, going to trial may become necessary to pursue fair compensation.

Situations Where a Wrongful Death Case May Go to Trial

While many cases settle, certain circumstances make trial more likely. Disputed liability is one of the most common reasons. If the defendant denies responsibility for the death or claims that another party was at fault, negotiations can stall.

Wrongful death cases may also proceed to trial when there is disagreement over damages. This can include disputes about lost income, future financial support, or the value of noneconomic damages such as loss of companionship. In high-value cases, defendants may be less willing to settle without judicial involvement.

In some situations, trial becomes necessary to hold negligent parties fully accountable, especially when safety violations, reckless behavior, or corporate misconduct are involved.

What Happens Before a Trial Takes Place

Before a wrongful death case ever reaches trial, there are several important stages. These include filing the lawsuit, exchanging evidence during discovery, taking depositions, and presenting expert testimony. This process allows both sides to evaluate the strengths and weaknesses of the case.

Mediation or settlement conferences are often scheduled during this phase. These structured negotiations give both parties another opportunity to resolve the case without going to trial. Many wrongful death cases settle at this stage once the facts are clearly established.

If no agreement is reached, the case proceeds toward trial. Even then, settlement discussions often continue right up until a jury is selected.

What Families Should Expect If a Case Goes to Trial

When a wrongful death case goes to trial in Colorado, a judge or jury will hear evidence and determine whether the defendant is legally responsible. If liability is established, the court will then decide the amount of compensation to award eligible family members.

Trials require detailed preparation and can last days or weeks depending on the complexity of the case. Families may need to testify or relive painful events, which can be emotionally challenging. While trials can lead to full accountability and fair compensation, they also involve uncertainty.

An experienced legal team prepares clients for each step of the process and helps them understand what to expect, allowing families to make informed decisions about whether to settle or proceed to trial.

How an Attorney Helps Guide the Decision to Settle or Go to Trial

Choosing whether to settle or go to trial is one of the most important decisions in a wrongful death case. An attorney evaluates the evidence, assesses risks, and provides guidance based on experience with similar cases. The goal is always to pursue the outcome that best serves the family’s long-term interests.

At Pribila and Fields, we help families understand their legal options and prepare strong cases from the outset. Whether a claim resolves through settlement or proceeds to trial, our focus is on securing fair compensation and accountability. Our wrongful death attorneys represent families throughout Colorado Springs with care, diligence, and determination.

Making Informed Decisions During a Difficult Time

No family wants to think about court proceedings while grieving the loss of a loved one. Understanding that most wrongful death cases do not automatically go to trial can provide some reassurance. At the same time, it is important to be prepared for all possibilities.

If you have questions about a wrongful death claim or want to understand how your case may proceed, we encourage you to contact us. We are here to listen, explain your options, and help you pursue justice and financial security during an incredibly difficult time.