Nobody ever thinks they’ll need a wrongful death lawyer until tragedy strikes. One day you’re going about your normal routine, and the next, you’re facing the devastating loss of a loved one due to someone else’s negligence or wrongdoing. It’s overwhelming, heartbreaking, and honestly, the last thing you want to deal with is legal paperwork and court proceedings.
But here’s the thing – while nothing can bring back your loved one, pursuing a wrongful death claim isn’t just about money. It’s about accountability, justice, and making sure your family has the financial security they need during an incredibly difficult time. And if you’re in Colorado Springs, there are some major changes happening in 2025 that could significantly impact your case.
What Makes 2025 Different for Wrongful Death Cases in Colorado Springs
I’ll be straight with you – 2025 is a game-changer for wrongful death cases in Colorado. The state just implemented some of the most significant legal changes we’ve seen in over a decade, and they’re pretty substantial.
The biggest news? Colorado raised the cap for noneconomic damages in wrongful death cases filed on or after January 1, 2025, from approximately $680,000 to a whopping $2,125,000. That’s more than triple the previous amount. For medical malpractice wrongful death cases, the cap is now $1,575,000. And get this – if your loved one’s death involved a “felonious killing” like homicide, there’s no damage cap at all.
What’s really interesting is that these new limits apply to all cases filed after January 1, 2025, regardless of when the death actually occurred, as long as you’re still within the two-year statute of limitations. This means some families might benefit from waiting to file until 2025 to access higher compensation, though you’d need to balance that against the risk of losing evidence or missing deadlines entirely.
The law also expanded who can file wrongful death claims. Now, siblings of the deceased can file claims if there’s no surviving spouse, child, designated beneficiary, or parent. It’s a recognition that families come in all shapes and sizes, and sometimes siblings are the closest family members left behind.
Understanding Wrongful Death Claims in Colorado Springs
Let’s break down what wrongful death actually means in legal terms. Essentially, it’s when someone dies due to another person’s or entity’s negligent, reckless, or intentional actions. This could be a car accident caused by a drunk driver, medical malpractice at a local hospital, a defective product, or a workplace accident.
In Colorado, wrongful death claims are strictly statutory, which means they’re governed by specific laws that define who can file, what damages are available, and how the process works. You can’t just wing it – there are precise rules to follow.
The most common types of wrongful death cases we see in Colorado Springs include:
- Motor vehicle accidents (cars, trucks, motorcycles, pedestrians)
- Medical malpractice
- Workplace accidents
- Product liability cases
- Premises liability (slip and falls, unsafe conditions)
- Criminal acts
What’s particularly challenging about these cases is that they’re happening while you’re grieving. You’re trying to process your loss, handle funeral arrangements, and figure out how to move forward – and then you have to deal with insurance companies, legal deadlines, and all the complicated steps of a lawsuit.
Why Technology is Changing How These Cases Are Handled
Here’s something that might surprise you – technology is playing a bigger role than ever in wrongful death cases. Attorneys are increasingly reviewing electronic health records and telemedicine decisions in medical malpractice cases. If your loved one died in a car accident, lawyers now need to analyze driver assistance technology and autonomous vehicle features that might have been involved.
Product liability cases are getting more complex too, with new consumer products and evolving safety standards. Even workplace death claims now have to consider updated safety protocols and remote work arrangements that didn’t exist a few years ago.
This is why choosing the right attorney matters more than ever. You need someone who stays current with these technological developments and understands how they impact your case.
The Real Cost of Losing Someone
When people hear “wrongful death lawsuit,” they often think it’s just about money. But the reality is much more complex. Yes, there are economic damages – things like lost income, benefits, and the financial support your loved one would have provided. But there are also noneconomic damages that are harder to quantify but just as real.
Economic damages might include:
- Lost wages and benefits your loved one would have earned
- Medical expenses related to their final injury or illness
- Funeral and burial costs
- Loss of household services they provided
Noneconomic damages cover things like:
- Pain and suffering your loved one experienced before death
- Loss of companionship and consortium
- Emotional distress for surviving family members
- Loss of guidance and nurturing, especially important when children lose parents
The new damage caps I mentioned earlier primarily affect these noneconomic damages. And honestly, while no amount of money can replace someone you love, these damages recognize that losing a family member impacts your life in deep ways that go far beyond just financial loss.
Common Problems Families Face (And How to Avoid Them)
I’ve seen families make the same mistakes over and over again when dealing with wrongful death cases. Here are the big ones:
Problem 1: Waiting Too Long to Act
Colorado has a two-year statute of limitations for wrongful death claims. That might seem like a long time when you’re grieving, but it goes by faster than you’d think. Evidence disappears, witnesses forget details, and documents get lost. The sooner you contact an attorney, the better they can preserve evidence and build a strong case.
Problem 2: Talking to Insurance Companies Without Legal Representation
Insurance adjusters are trained professionals whose job is to minimize payouts. They might seem sympathetic and helpful, but they’re not on your side. They’ll often try to get you to give recorded statements or accept quick settlements before you fully understand the value of your case. Don’t do it. Get an attorney first.
Problem 3: Not Understanding Who Can File
This is where those new 2025 laws really matter. Families sometimes assume the wrong person should file the claim, or multiple family members try to file separately. In Colorado, there’s a specific hierarchy of who can file, and it’s important to get this right from the start.
What to Look for in a Colorado Springs Wrongful Death Attorney
Not all personal injury lawyers handle wrongful death cases, and not all wrongful death lawyers are created equal. Here’s what you should look for:
First, experience matters. You want someone who’s handled wrongful death cases specifically, not just general personal injury work. These cases are more complex, both legally and emotionally. McCormick & Murphy P.C. has been handling these types of cases since 1995, with over 60 years of combined legal experience and millions of dollars recovered for Colorado clients.
Second, look for someone who’s up-to-date on the new 2025 changes. The legal rules just shifted dramatically, and you need an attorney who understands how these changes affect your case strategy.
Third, consider their trial experience. While many cases settle out of court, insurance companies pay more attention to attorneys they know will actually take a case to trial if necessary. You want someone with a track record of courtroom success, not just settlement negotiations.
Fourth, pay attention to how they communicate with you. You’re going through one of the worst times in your life. You need an attorney who’s responsive, empathetic, and keeps you informed throughout the process.
The Process: What to Expect
I know legal processes can seem mysterious and intimidating, so let me walk you through what typically happens in a wrongful death case.
Initially, your attorney will investigate the circumstances surrounding your loved one’s death. This might involve reviewing medical records, police reports, witness statements, and any available video footage or electronic data. They’ll also work with experts – accident reconstructionists, medical professionals, economists – to build a full picture of what happened and what your damages are.
Once they have a solid understanding of the case, they’ll typically try to negotiate with the responsible party’s insurance company. Many cases settle at this stage, which can save time and emotional stress. But if the insurance company won’t offer a fair settlement, your attorney should be prepared to file a lawsuit and take the case to trial.
The litigation process involves discovery (where both sides exchange information), depositions (recorded statements under oath), and eventually trial if the case doesn’t settle. Throughout this process, your attorney should keep you informed and involved in major decisions, but handle the day-to-day legal work so you can focus on healing.
Special Considerations for Different Types of Cases
Different types of wrongful death cases have their own unique challenges. Medical malpractice cases, for example, require extensive review of medical records and expert testimony from other doctors. These cases can be particularly difficult emotionally because families often trusted the medical professionals who caused their loved one’s death.
Motor vehicle accidents might seem more straightforward, but they’re getting increasingly complex with new vehicle technologies. Your attorney needs to understand how to analyze data from vehicle computers, driver assistance systems, and even smartphone apps that might show what was happening at the time of the accident.
Workplace deaths often involve workers’ compensation issues alongside the wrongful death claim. In Colorado, you might be able to pursue both, but there are coordination rules that affect how much you can ultimately recover.
Product liability cases require proving that a defective or dangerous product caused the death. These cases often involve multiple defendants – the manufacturer, distributor, retailer – and can become quite complex.
Best Practices for Families
Here are some practical steps you can take to protect your family’s interests:
First, preserve evidence immediately. Take photos of accident scenes, keep all medical records and bills, and write down everything you remember about what happened while it’s fresh in your memory. Ask family members and friends to do the same.
Second, don’t sign anything or give any recorded statements to insurance companies without talking to an attorney first. Even something that seems innocent could hurt your case later.
Third, keep detailed records of all expenses related to your loved one’s death and your family’s losses. This includes obvious things like medical bills and funeral costs, but also less obvious expenses like travel costs for family members, counseling expenses, and lost wages for time you’ve had to take off work.
Fourth, be careful about what you post on social media. Insurance companies and defense attorneys often monitor social media accounts of plaintiffs and their families. Posts that seem to show you’re doing well or having fun can be taken out of context and used to minimize your damages.
Fifth, take care of your own mental health. Consider counseling or support groups. Not only is this important for your wellbeing, but mental health treatment can also be part of your damages in the wrongful death case.
Local Considerations in Colorado Springs
Colorado Springs has its own unique characteristics that can affect wrongful death cases. The city’s location near military installations means we see cases involving active-duty service members and their families, which can involve federal laws and military benefits that complicate the case.
The area’s outdoor recreation opportunities also mean we see more cases involving skiing, hiking, and other recreational activities. These cases might involve premises liability claims against resorts or outdoor recreation companies.
Our local hospitals and medical facilities each have their own track records and characteristics that experienced local attorneys understand. McCormick & Murphy P.C. is located at 929 W Colorado Ave, right here in Colorado Springs, and they understand the local legal scene.
Weather is another factor that affects many cases here. Colorado Springs weather can change quickly, and snow, ice, and sudden storms contribute to many accidents. Local attorneys understand how weather conditions affect liability and how to investigate weather-related accidents.
Working with Your Legal Team
A good wrongful death attorney won’t work alone. They’ll assemble a team that might include investigators, medical experts, accident reconstruction specialists, economists, and other professionals needed to build your case.
Your role in this process is important too. You’ll need to provide information about your loved one’s life, their relationships, their work, and their future plans. This helps the legal team calculate damages and present a complete picture of what your family has lost.
Communication is key. Your attorney should explain what’s happening in terms you can understand and should be available to answer your questions. Don’t be afraid to ask for clarification if something doesn’t make sense. You’re not expected to understand all the legal complexities, but you should understand the basic strategy and what’s happening with your case.
Moving Forward
Losing someone you love is never easy, and dealing with legal issues while you’re grieving adds another layer of stress. But pursuing a wrongful death claim isn’t just about your family – it’s about accountability and preventing similar tragedies from happening to other families.
The legal changes happening in 2025 represent a recognition that the previous damage caps weren’t keeping up with the real cost of these losses. Families deserve fair compensation, and the legal system is evolving to better reflect that.
If you’re facing this situation, don’t try to handle it alone. The legal system is complex, insurance companies have teams of lawyers and adjusters working to minimize what they pay, and you deserve to have experienced professionals fighting for your family’s interests.
Remember, most wrongful death attorneys work on a contingency fee basis, which means they don’t get paid unless you recover money. This makes legal representation accessible even when you’re dealing with the financial stress that often follows a family member’s death.
Take time to grieve, take care of your family, but don’t let important deadlines pass. With the two-year statute of limitations and the complexity of these cases, earlier action generally leads to better outcomes.
The attorneys at McCormick & Murphy P.C. have been helping Colorado Springs families through these difficult situations for nearly three decades. You can reach them at (719) 389-0400 or [email protected]. They understand what you’re going through, they know the local legal scene, and they’re up to date on all the changes happening in 2025.
Your loved one’s life had value, and if someone else’s negligence or wrongdoing caused their death, you have the right to hold them accountable. It won’t bring your loved one back, but it can provide some measure of justice and the financial security your family needs to move forward.
