El Paso County · Wrongful death
Fountain Wrongful Death Lawyers
Wrongful death in Fountain and El Paso County: we investigate fatal injuries and pursue recovery for your family.
Understanding Wrongful Death in Fountain and El Paso County
When a fatal injury occurs on U.S. Highway 85, Mesa Ridge Parkway, Fountain Mesa Road, or I-25—or anywhere in the Fountain area—Colorado law allows surviving family members to file a wrongful-death claim against the responsible party. The law is strict about who may bring suit and how long you have to act. We help families navigate those requirements and gather evidence while memory and records are fresh.
Wrongful death differs from other injury claims because the person harmed cannot testify or direct the case. We work with surviving spouses, children, parents, and estate representatives to ensure the claim reflects both the legal requirements and the real losses your family suffered. Our firm handles these cases on a contingency fee—we earn nothing unless we recover for you.
How We Build Your Wrongful-Death Case
We begin with a thorough investigation that preserves accident records, medical findings, and witness accounts. If the death followed a vehicle collision, workplace incident, medical error, or other preventable harm, we work with the Fountain Police Department, El Paso County Sheriff's Office, and other authorities to obtain police reports and investigative files. We also obtain autopsy records and full medical documentation from UCHealth Memorial Hospital Central in Colorado Springs and other care providers.
Our team gathers employment records, tax returns, household bills, and family testimony to document what the deceased contributed financially and personally. We review insurance policies and estate documents to identify all available sources of recovery. This combination of evidence—proving the responsible party's conduct, causation, and the full scope of your loss—forms the foundation of a strong claim presented to El Paso County Combined Courts or through settlement negotiations.
Local investigations may involve Fountain Police Department and El Paso County Sheriff’s Office, scenes near U.S. Highway 85 or Colorado Springs, and medical records from UCHealth Memorial Hospital Central in Colorado Springs.
A wrongful-death claim requires immediate investigation and preservation of evidence. Gather and secure the following materials as soon as possible:
- Scene photographs and video from the location of the fatal incident (U.S. Highway 85, Mesa Ridge Parkway, or other Fountain-area roads)
- Police and sheriff reports filed with Fountain Police Department or El Paso County Sheriff's Office
- Autopsy report and medical records from UCHealth Memorial Hospital Central or the coroner
- Witness statements and contact information from anyone present at the incident
- Employment records, tax returns, and pay stubs showing the deceased's income and earning capacity
- Household bills, receipts, and documentation of the deceased's contributions to family expenses
- Medical bills, funeral expenses, and other out-of-pocket costs incurred by the family
- Insurance policies (health, life, auto, homeowner) that may cover losses
- Family photographs, journals, or testimony describing the relationship and companionship lost
- Estate documents, wills, and trust information if applicable
- Maintenance or inspection records for vehicles, equipment, or property involved in the incident
- Communications (texts, emails, recorded calls) between the responsible party and the deceased or family
Preserving this evidence early prevents loss and strengthens the family's claim. Contact an attorney immediately to begin proper documentation.
Medical Records and Autopsy Evidence
Medical records are central to wrongful-death claims. Whether the fatal injury was sudden or involved treatment at UCHealth Memorial Hospital Central in Colorado Springs or another facility, we obtain complete documentation of the injury, treatment, and cause of death. Autopsy reports, pathology findings, and expert analysis help establish how the death occurred and whether negligence, recklessness, or wrongful conduct played a role.
We work with medical experts to interpret records and, when necessary, to testify about causation and preventability. This expert foundation is essential in court and during settlement discussions. We also coordinate with the coroner and medical examiners to ensure no findings are overlooked and that the legal record is complete.
Official Fountain hospital, report, crash-record, and court links →
Damages in Wrongful-Death Claims
- Medical and funeral expenses incurred because of the fatal injury
- Lost wages, income, and financial support the deceased would have provided
- Loss of household services, care, and companionship suffered by surviving family members
- Pain and suffering endured by the deceased before death (survival claim)
- Punitive damages if the conduct was reckless or willful
These damages are evaluated under Colorado law and presented in El Paso County Combined Courts or negotiated in settlement.
What clients say about McCormick & Murphy
Real outcomes and reviews. Check Google reviews for the office that serves Fountain — 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.
Fountain Wrongful death FAQ
Who can file a wrongful-death claim in Colorado, and how much time do we have?
Colorado law limits who may file a wrongful-death claim—typically the spouse, children, parents, or personal representative of the estate. Claims must be filed within two years. Because these rules are strict and time-sensitive, your family should speak with an attorney right away to confirm your right to file and the exact deadline that applies to your case.
What types of losses can we recover in a wrongful-death case?
Colorado wrongful-death law recognizes both financial losses and human losses. Financial recovery may include lost wages and earning capacity, medical and funeral expenses, and loss of inheritance. Families may also recover for the loss of companionship, care, guidance, and emotional support. An attorney will help you document and value all losses relevant to your family.
How does McCormick & Murphy charge for wrongful-death representation?
McCormick & Murphy handles wrongful-death claims on a contingency fee basis. We earn an attorney fee only if your case is settled or won. You do not pay us unless we recover money for your family. Case costs—such as investigation, expert reports, and court filings—are separate and depend on the complexity of your claim.
What happens if the incident occurred on a highway like U.S. 85 or I-25?
Traffic fatalities on highways in and around Fountain may involve multiple liable parties: a negligent driver, a vehicle manufacturer, or even a highway maintenance or design defect. Investigation must preserve scene evidence, vehicle inspection records, and traffic-camera footage quickly. Contact an attorney immediately, as evidence on public roads can disappear fast.
Should we involve the estate, or can family members file directly?
Colorado law sometimes requires coordination with the estate and its personal representative. The structure depends on whether an estate has been opened, whether a will exists, and which family members are bringing the claim. An attorney will review your family's situation and explain whether an estate must be involved or whether family members can proceed directly.
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Nearest McCormick & Murphy office
Colorado Springs office
929 W Colorado Ave, Colorado Springs, CO 80905
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