El Paso County · Wrongful death
Briargate Wrongful Death Lawyers
Wrongful death in Briargate and north Colorado Springs. We investigate fatal-injury claims. Free consultation, no fee unless we recover.
When a Fatal Injury Becomes a Wrongful-Death Claim
A wrongful-death claim arises when someone dies due to another person's or entity's negligence, recklessness, or intentional conduct. In Briargate and throughout El Paso County, Colorado law specifies which surviving family members—spouses, children, parents—may file and within what timeframe. The death itself must result directly from the defendant's breach of duty; proving that link is central to the case.
We begin by securing the scene, reviewing police and emergency records, and identifying all potential defendants. Colorado Springs Police Department and El Paso County Sheriff's Office investigations provide a foundation, but wrongful-death litigation often requires parallel fact-gathering. The sooner we intervene, the better we can preserve evidence and witness accounts that might otherwise fade or be lost.
Building a Factual Record in El Paso County Court
Evidence in a wrongful-death case spans medical causation, the defendant's conduct, and the family's losses. We obtain autopsy reports and hospital records from UCHealth Memorial Hospital North and other providers to establish how and why death occurred. We also gather investigation files, photographs, surveillance footage, and expert findings—all of which must demonstrate that the defendant's actions or omissions directly caused the fatal injury.
Economic proof includes employment records, tax returns, and documentation of household contributions; we show what the deceased would have earned or provided over a lifetime. Personal testimony from surviving family members about the relationship, companionship, and emotional support lost also carries weight. These combined strands—legal causation, financial loss, and human impact—form the case we present to El Paso County Combined Courts.
Local investigations may involve Colorado Springs Police Department and El Paso County Sheriff’s Office, scenes near Briargate Parkway or Colorado Springs, and medical records from UCHealth Memorial Hospital North.
Briargate is a north Colorado Springs community near I-25 and Research Parkway. Many clients prefer the firm’s North office on Goddard Street for consultations.
Wrongful-death claims require fast action to preserve evidence and document the circumstances of death and the losses to the surviving family. Here is what to collect:
- Incident scene photographs, video, or witness statements from the location (e.g., Briargate Parkway, Research Parkway, or I-25 area)
- Police reports and incident summaries from Colorado Springs Police Department or El Paso County Sheriff's Office
- Autopsy and medical examiner records, plus hospital records from UCHealth Memorial Hospital North or other treatment facilities
- Toxicology results, emergency-response logs, and any 911 calls related to the incident
- Employment records, tax returns, and pay stubs showing the deceased's income and earning capacity
- Household bills, receipts, and financial statements showing the deceased's contributions to the home and family expenses
- Medical bills, funeral expenses, and estate administration costs
- Insurance policies (life, health, auto, homeowner, or business) naming the deceased or survivors
- Journal entries, photos, or family testimony documenting the relationship, companionship, and emotional bond with the deceased
- Will, trust, probate documents, or letters of testamentary if the estate is involved
- Expert reports (economist, life-care planner, or accident reconstructionist) addressing damages and causation
- Correspondence or settlements from prior claims or insurance carriers
Because Colorado wrongful-death law controls who may sue and when, gathering and organizing these materials quickly helps preserve your rights and strengthens your claim.
Medical Evidence and Survival Claims
The medical record tells the story of injury and death. We work with medical experts who can review treatment decisions, explain causation to a jury, and testify credibly about what happened. Autopsy findings, hospital charts, imaging, and lab results all contribute. In some cases, evidence of pain or suffering before death—a survival claim under Colorado law—adds another layer of recovery for the estate.
Survival claims belong to the deceased's estate and compensate for pre-death losses; wrongful-death claims belong to surviving dependents and compensate for their loss of income, care, guidance, and companionship. Both may apply. Our role is to identify which family members have standing, ensure the estate is properly represented if needed, and pursue all available legal theories.
Official Briargate hospital, report, crash-record, and court links →
Compensable Losses in a Wrongful-Death Action
- Lost income and financial support the deceased would have provided over a lifetime of work
- Medical and funeral expenses incurred before or as a result of the death
- Loss of companionship, guidance, emotional support, and parental or spousal relationship
- Loss of household services and personal care the deceased provided
- Pre-death pain, suffering, and conscious pain (if applicable under a survival claim)
- Punitive damages in cases involving gross negligence or intentional conduct
Damages are evaluated under Colorado wrongful-death and survival statutes, and our firm presents them methodically to El Paso County Combined Courts or during settlement negotiations.
What clients say about McCormick & Murphy
Real outcomes and reviews. Check Google reviews for the office that serves Briargate — and read client testimonials.
A passenger suffered traumatic brain, neck, and back injuries in a Colorado Springs intersection collision. After the carrier refused a fair number, a jury awarded $295,000 including interest and costs.
El Paso County jury verdict
Prior results do not guarantee a similar outcome. Every case depends on its facts, coverage, venue, and evidence.
Briargate Wrongful death FAQ
Who can file a wrongful-death lawsuit in Colorado if someone dies due to another person's negligence?
In Colorado, the types of people who can file a wrongful-death claim are set by state law and depend on whether there is a surviving spouse, children, or other dependents. Some claims may go through the estate, while others are brought directly by family members. The specific people who have the right to sue vary by situation. That's why you should talk to a lawyer as soon as possible after a death, so we can review your family's status and explain who should file the claim.
How much time do I have to file a wrongful-death lawsuit after someone dies in Briargate or El Paso County?
Colorado wrongful-death law sets a deadline. Claims must be filed within two years. Because deadlines are case-specific, your family should contact us promptly for a detailed review. Waiting too long can result in losing the right to recover.
What costs will my family have to pay upfront if we hire McCormick & Murphy for a wrongful-death claim?
McCormick & Murphy handles wrongful-death claims on a contingency fee. That means the firm only earns an attorney fee if the case is settled or won. Your family does not pay the attorney fee out of pocket. However, there may be advanced case costs—such as expert-report fees, court filing fees, or investigation expenses—that are separate from the attorney fee and should be discussed with your attorney.
What are economic and non-economic damages in a wrongful-death case?
Economic damages are the financial losses your family suffered, such as lost wages the deceased would have earned, medical and funeral bills, and the value of household services or care the deceased provided. Non-economic damages are the emotional and relational losses—such as the loss of companionship, guidance, comfort, and society of the deceased. Both types of loss are important parts of a wrongful-death claim.
Should I file a wrongful-death claim through the estate or as a direct family claim?
Whether your claim goes through the estate or is filed directly by surviving family members depends on Colorado law, the facts of the death, and your family's circumstances. Some claims may use both approaches. The best way to decide is to meet with our attorneys at our North office on Goddard Street in Colorado Springs (near Briargate) or contact us by phone to discuss your situation and get specific guidance.
Related legal guides
Same service in nearby communities
Nearest McCormick & Murphy office
Colorado Springs — North
7660 Goddard St Suite 245, Colorado Springs, CO 80920
Discuss your Briargate claim
Free consultation. No attorney fee unless we recover for you.