Fremont County · Wrongful death
Florence Wrongful Death Lawyers
Fatal accident took someone from your Fremont County family—we help surviving members pursue wrongful-death recovery.
Who Can File a Wrongful-Death Claim in Colorado
Colorado law is strict about who can bring a wrongful-death action. Generally, only the personal representative of the deceased's estate may file—usually a spouse, child, or parent named in a will or appointed by the Fremont County Combined Courts in Cañon City. We review your family situation and the law to confirm that the right person steps forward. If there is no will or the estate has not yet been opened, we can advise you on the proper sequence of steps.
Beyond the named claimant, Colorado law also recognizes survival claims, which allow the estate to recover for the pain and suffering the deceased experienced between injury and death. These claims are separate from the wrongful-death claim itself but must be brought at the same time. Our firm works with you and your family to identify all eligible claimants and to coordinate with the estate or its representative to ensure no valid claim is overlooked.
Evidence We Gather and Preserve
The moment a fatal accident occurs—whether on Colorado Highway 67, Colorado Highway 115, Main Street, East 3rd Street, or elsewhere in Florence or Fremont County—evidence begins to disappear. Witnesses move, memories fade, and physical evidence may be discarded or altered. We act quickly to preserve scene photographs, vehicle condition, medical records from CommonSpirit St. Thomas More Hospital in Cañon City, police reports from the Florence Police Department and Fremont County Sheriff's Office, and any surveillance footage. We also obtain toxicology results, autopsy findings, and expert opinions that may support your claim.
We coordinate with investigators to establish exactly how and why the fatal injury occurred. This includes securing employment records, wage statements, and tax returns to calculate lost earnings and benefits. We also gather testimony from family members, coworkers, and others who can speak to the deceased's contributions to the household, care of children or elderly relatives, and the unique relationships and companionship your family has lost. These records and statements form the foundation of your claim's value.
Local investigations may involve Florence Police Department and Fremont County Sheriff’s Office, scenes near Colorado Highway 67 or Cañon City, and medical records from CommonSpirit St. Thomas More Hospital in Cañon City.
When a death results from another's conduct in Florence or Fremont County, evidence collection must begin immediately. This checklist covers what McCormick & Murphy typically secures:
- Scene and incident records from Florence Police Department or Fremont County Sheriff's Office
- Photographs and video from the location (accident scene, workplace, etc.)
- Autopsy report and medical records from CommonSpirit St. Thomas More Hospital in Cañon City or the coroner
- Toxicology, pathology, and any special testing results
- Witness statements and contact information
- Employment records, pay stubs, tax returns, and job-duty records for the deceased
- Household bills, receipts, and records showing daily contributions by the deceased
- Insurance policies (life, health, auto, homeowner, or business)
- Estate documents and probate filings in Fremont County Combined Courts
- Family testimony about companionship, guidance, and emotional losses
- Communications (texts, emails, photos) showing family relationships
- Medical or mental health records of surviving family members documenting grief
- Property damage or vehicle damage reports
- Citations, accident reports, or investigative findings
Preserving this evidence protects your family's right to recover and prevents loss of critical facts as memories fade and records are destroyed.
Medical Documentation and Causation
A wrongful-death claim must prove that the defendant's conduct directly caused the fatal injury. This requires careful review of all medical records, including emergency-department notes, imaging studies, operative reports, and the pathologist's findings. We work with medical experts who can testify about the chain of events from the initial injury through death, and who can rule out alternative causes. CommonSpirit St. Thomas More Hospital in Cañon City and other treatment records are central to this analysis.
We also examine whether any delay in treatment, failure to diagnose, or negligent care after the injury contributed to the death. In some cases, the responsible party's conduct is not only the initial injury but also a failure to provide appropriate emergency care or transport. Our investigation includes interviews with medical personnel, review of dispatch records, and expert review to ensure that causation is clearly established and documented.
Official Florence hospital, report, crash-record, and court links →
Damages in a Wrongful-Death Claim
- Lost wages and benefits the deceased would have earned over their remaining working years
- Household services, childcare, elder care, and domestic contributions the deceased provided
- Medical and funeral expenses incurred as a result of the fatal injury
- Loss of companionship, guidance, and emotional support experienced by the surviving family members
- Loss of inheritance or financial support that the deceased would have provided to spouse or children
- Pain and suffering of the deceased between injury and death (survival claim)
These damages are presented to the liable party, their insurance carrier, or the Fremont County Combined Courts in Cañon City, with proof tailored to your family's unique circumstances and losses.
What clients say about McCormick & Murphy
Real outcomes and reviews. Check Google reviews for the office that serves Florence — and read client testimonials.
A pickup hit me from behind on Hwy 50 east of Pueblo. The insurer offered $2,600. McCormick & Murphy helped with treatment, filed suit, and the case settled at mediation for $165,000.
C. O., Pueblo · Highway 50 crash
Prior results do not guarantee a similar outcome. Every case depends on its facts, coverage, venue, and evidence.
Florence Wrongful death FAQ
How quickly do we need to act after a death in Florence?
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.
Who is allowed to bring a wrongful-death claim in Colorado?
Colorado law limits who may file. Generally, the surviving spouse, children, grandchildren, parents, or other relatives may bring a claim, but the order and who qualifies depends on family circumstances. A claim may be filed through an estate representative or directly by family members. We help families understand who has standing to file and coordinate with probate filings in Fremont County Combined Courts if necessary.
What kind of losses can we recover in a wrongful-death case?
Wrongful-death claims cover economic losses—lost wages, medical expenses, funeral costs, and the value of household services the deceased provided. Colorado law also allows recovery for grief, loss of companionship, and lost guidance or nurturing. Depending on the facts, a survival claim may also be available for the deceased's own pain and suffering before death. We document both categories thoroughly to maximize your family's recovery.
How does McCormick & Murphy charge for a wrongful-death case?
We handle wrongful-death claims on a contingency-fee basis. We earn an attorney fee only if we settle the case or win at trial. You pay no fee unless we recover money for your family. Advanced case costs—such as investigation, court filings, expert reports, and medical records—are separate from the attorney fee and are discussed with you in advance.
What happens if the death involved a car crash on Highway 67 or Highway 115?
Motor-vehicle wrongful-death claims require investigation of road conditions, vehicle maintenance, traffic laws, and driver conduct. We obtain accident reports from Florence Police Department or Fremont County Sheriff's Office, interview witnesses, review vehicle inspection records, and often consult accident-reconstruction experts. Colorado highways like 67 and 115 present their own weather and traffic patterns that may be relevant to liability.
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