Wrongful Death

Dealing with the traumatic death of a loved one is the most difficult event a family can endure. No one is ever prepared for the loss, the anguish, or the endless uncertainty. 

At Pribila and Fields PC, our Colorado Springs wrongful death lawyers know seeking compensation is rarely an immediate priority for suffering families. No amount of money can replace a life, or adequately compensate for the loss of a family member. 

Yet from a practical standpoint the economic consequences can be sudden, and severe. Medical and burial expenses and loss of family income can quickly re-victimize grieving families. Meanwhile, as a normal course of everyday business, insurance companies and their law firms are already moving to shield themselves from liability by limiting a family’s ability to collect compensation. 

At Pribila and Fields PC, we believe every family dealing with such a tragedy deserves immediate access to experienced legal help. With more than 40 years of combined experience, and an exclusive focus of representing the rights of personal injury and wrongful death victims, we have the resources to pursue claims in even the most complex cases against the nation’s largest insurance companies and their law firms. 

We believe families should never be revictimized by financial stress during the most trying time of their lives. And we understand that, behind each case we accept the responsibility of representing, stands a family in need of support, answers and justice. 

Each lawyer at the firm has extensive communication with the clients that we are privileged to represent.  Clear and concise communication is our priority, and we pride ourselves on our dedication to keeping you informed – and not just through a representative or secretary, but you as the client have easy access to communicate with your lawyer personally. Our lawyers are dedicated to going the distance with each client to provide effective, personal representation.

Wrongful Death Claims in Colorado Springs

Unlike personal injury claims, which seek to compensate an individual for losses and damages caused by a liable party, wrongful death claims seek to compensate families for the economic and non-economic damages caused by the sudden loss of a loved one. 

Under Colorado law, Colo. Rev. Stat. §§ 13-21-201, 13-21-202, a wrongful death is defined as a death that is caused by "a wrongful act, neglect, or default of another" person or entity. A wrongful death claim can be brought in any situation where the person could have brought a personal injury claim had he or she survived.

Wrongful death claims are made by a person’s estate and allege that wrongdoing by one or more liable parties caused or contributed to death. Common examples of basis for wrongful death claims include negligence, medical malpractice or intentional acts (most often caused by crime).

During the first year, only the spouse of a married victim may file a wrongful death claim under Colorado law, although a spouse may allow a victim’s children to file a claim, or join the children in making a claim. If a victim was unmarried, a claim may be filed by the deceased’s children or designated beneficiary. 

During the second year, a claim may be brought by a surviving spouse, surviving children, both children and spouse, or children and designated beneficiary. Parents may bring a wrongful death action if the victim had no surviving spouse, children or designated beneficiary. 

Damages sought in a wrongful death action are meant to compensate family members for current and future losses that resulted from a victim’s death. 

Economic damages may include: 

• Wages and other compensation the deceased would likely have earned had he or she lived. 
• Lost benefits.
• Funeral and burial expenses.

Non-economic damages may include: 

• Pain and suffering
• Grief
• Loss of companionship
• Emotional distress

These are complex claims that should always be handled by an experienced Colorado Springs wrongful death law firm. For example, when considering future wages and compensation, inflation and the likelihood of future promotions or salary increases must be carefully considered by an expert with significant experience. Failure to do so may result in a significant reduction in compensation. 

Colorado law uses an adjustable scale to limit compensation for non-economic damages. In 2022, that limit was just under $600,000. Proper calculation of all economic losses is therefore critical to making a comprehensive claim for damages. 

Pribila and Fields PC, represents clients in personal injury and wrongful death litigation in Colorado Springs, El Paso County and the surrounding areas, including, Security-Widefield, City of Fountain, Cimarron Hills, Fort Carson, Black Forest, Woodmoor, City of Woodland Park, Stratmoor, Air Force Academy, Gleneagle, Town of Monument, City of Manitou Springs, Town of Palmer Lake, Cascade-Chipita Park, City of Cripple Creek, and Ellicott.

If you are dealing with a wrongful death,  contact the Colorado Springs injury lawyers at Pribila and Fields PC for a free and confidential consultation to discuss your rights. Call 719-888-3720.