Menu
Wrongful death claims provide a vital legal remedy for surviving family members who have lost a loved one due to another’s negligent, reckless, or intentional actions. In Colorado, these claims are governed by specific statutes that determine who can file, when they must file, and what compensation they may recover. Our Pueblo wrongful death attorneys at McCormick & Murphy, P.C. bring over 50 years of combined experience to help families navigate these complex legal proceedings during their time of grief.
Colorado law imposes strict time limits for filing wrongful death lawsuits. Generally, eligible family members must file within two years from the date of death. However, certain circumstances may extend or shorten this period, such as cases involving government entities or criminal acts. Missing this deadline typically bars your right to compensation, making prompt legal consultation essential after losing a loved one through potentially wrongful circumstances.
Colorado law specifically restricts who can bring wrongful death claims and establishes a filing hierarchy based on time:
This hierarchical system differs significantly from many other states and requires careful navigation with experienced legal counsel.
Wrongful death lawsuits in Pueblo arise from numerous scenarios where negligence or misconduct leads to fatal outcomes:
To prevail in these cases, surviving family members must demonstrate that the death resulted from someone’s negligent, reckless, or intentional conduct through comprehensive evidence gathering and expert testimony.
Colorado wrongful death plaintiffs may recover several types of damages, though state law does impose certain caps on non-economic damages:
The process of pursuing a wrongful death claim in Pueblo typically involves several stages:
Throughout this process, we handle all legal aspects while providing compassionate support to help your family focus on healing.
Successfully proving wrongful death claims often requires testimony from various expert witnesses, including:
Our firm works with respected professionals across these fields to build compelling cases for our clients.
If you’ve lost a loved one due to someone else’s negligence or misconduct in Pueblo, the compassionate wrongful death attorneys at McCormick & Murphy, P.C. are here to help. While no amount of compensation can replace your loved one, a successful wrongful death claim can provide financial security and a sense of justice during this difficult time.
Call 888-668-1182 or contact us online today for a free, confidential consultation. We handle all wrongful death cases on a contingency fee basis, meaning you pay no legal fees unless we recover compensation on your behalf.
Losing a loved one is a devastating experience. When that loss is caused by someone else’s carelessness or wrongful act, the grief is compounded by anger, confusion, and sudden financial strain. You’re left navigating funeral arrangements, emotional pain, and unexpected bills, all while trying to understand complex legal steps. You shouldn’t have to face insurance companies or legal battles alone.
If your family member died due to medical error, a vehicle crash, a workplace incident, or any preventable tragedy in Pueblo, Colorado, you have rights. Colorado law allows you to seek compensation for your losses. However, this process has strict deadlines and intricate requirements that can overwhelm any grieving family.
We are here to help. Our Pueblo wrongful death lawyers at McCormick & Murphy, P.C., will manage the legal fight, allowing your family to focus on healing and honoring your loved one’s memory. Since our founding in 1995, our firm has dedicated its practice to helping families like yours, backed by over 60 years of combined legal experience from our founders, Kirk R. McCormick and James “Jay” Murphy.
Colorado recently increased wrongful death damage limits significantly. As of January 1, 2025, families can now seek up to $2.125 million for non-economic losses like emotional suffering and loss of companionship. Medical malpractice wrongful death claims can reach $1.575 million over the next five years, also with increases effective January 1, 2025.
These increases mean your family may be entitled to substantially more compensation than ever before. However, insurance companies and defendants will fight harder to minimize payouts. You need lawyers who master these new laws and know how to maximize your family’s financial recovery. Our firm has a proven track record of securing significant jury verdicts and settlements in complex cases, ensuring these new caps work in your favor.
Wrongful death cases demand thorough investigation, expert testimony, medical record analysis, and detailed legal filings. Our team handles all these complex tasks, freeing you to focus on your family’s healing process during this profoundly difficult time.
What we manage for you:
You pay nothing for our legal services unless we win your case. This means you can pursue justice without the added burden of legal fees during an already difficult financial period. We cover all case expenses, and you only pay us if we secure compensation for your family. This contingency fee basis aligns our success directly with yours.
Wrongful death occurs when someone dies because of another party’s negligence, recklessness, or intentional actions. Common situations our Pueblo wrongful death lawyers handle include:
Motor Vehicle Accidents
Medical Negligence
Workplace Accidents
Property-Related Accidents (Premises Liability)
Criminal Acts
Colorado’s 2025 legal updates expanded who can file wrongful death claims, offering more families the opportunity to seek justice. Eligible parties now include:
If no immediate family members exist, other relatives may be able to file claims depending on the specific circumstances. We can help you determine eligibility.
Colorado wrongful death law allows families to recover several types of damages:
Economic Damages (No Cap)
Non-Economic Damages (Capped at $2.125 Million for non-medical malpractice claims; $1.575 Million for medical malpractice claims effective Jan 1, 2025)
Punitive Damages In cases involving extreme negligence or intentional conduct, Colorado courts may award punitive damages. These are designed to punish the defendant and prevent similar harmful behavior in the future. Our firm has a strong track record of securing significant jury awards in such cases.
Colorado’s statute of limitations generally gives you only two years from the date of death to file a wrongful death lawsuit. Missing this deadline means permanently losing your right to compensation, regardless of how strong your case might be.
Insurance companies and defendants often delay discussions, hoping you’ll miss this deadline. Don’t let them run out the clock on your family’s rights.
Insurance adjusters are skilled at paying as little as possible. They may:
Our founders’ prior experience representing insurance companies provides us with invaluable insight into these tactics, allowing us to effectively counter them.
Wrongful death cases involve multiple fields of law and require specific evidence to prove:
Gathering this evidence requires legal insight, investigative resources, and often expert witness testimony across various fields.
Pursuing a wrongful death claim while grieving is emotionally draining. Depositions, document reviews, and court appearances can re-traumatize families already dealing with immense loss. Our team works to shield you from this burden as much as possible, handling the legal complexities so you can focus on healing.
Our process is designed to be clear and supportive, guiding you every step of the way.
We begin with a confidential conversation to understand your situation and evaluate your case. During this meeting, we will:
This consultation is completely free, and you are under no obligation to hire us.
If you choose us to represent your family, we immediately launch a detailed investigation:
We develop a precise legal strategy for your specific situation:
Most wrongful death cases settle out of court, but only when defendants recognize the real threat of trial. We negotiate from a position of strength:
If negotiations do not result in fair compensation, we are fully prepared to take your case to court in Pueblo. Our trial lawyers, Kirk R. McCormick and James “Jay” Murphy, have collectively tried hundreds of cases to juries.
Our attorneys maintain a deep understanding of all changes in Colorado wrongful death law, including the significant 2025 updates to damage caps and eligibility (e.g., the inclusion of siblings). We know how these changes impact your case and how to maximize your recovery under the new rules.
We treat every family with the respect and understanding they deserve during this incredibly difficult time. Our approach includes:
We handle wrongful death cases on a contingency fee basis. This means:
With our dedicated office in Pueblo, in addition to our Colorado Springs and Denver locations, we bring invaluable local insight to your case. We are familiar with Pueblo’s courts, judges, and local legal community, which provides a distinct advantage. We are easily accessible for in-person meetings or convenient virtual consultations.
Colorado’s roads can be dangerous, and vehicle accidents remain a leading cause of wrongful death in Pueblo. We handle cases involving:
Drunk Driving Deaths When intoxicated drivers cause fatalities, families can pursue compensation from both the drunk driver and potentially the bar or restaurant that overserved them. Colorado’s dram shop laws allow recovery against establishments that serve alcohol to visibly intoxicated patrons.
Commercial Truck Accidents Trucking companies often prioritize profits over safety, leading to preventable deaths. We investigate driver logs, maintenance records, and company policies to hold negligent trucking companies accountable.
Distracted Driving Cases Texting, phone calls, and other distractions cause thousands of deaths annually. We work with accident reconstruction experts to prove distracted driving caused your loved one’s death.
Healthcare providers have a duty to meet professional standards of care. When they fail, patients can die from preventable causes. We handle:
Surgical Errors
Diagnostic Errors
Medication Errors
Colorado workers deserve safe working conditions. When employers cut corners on safety, workers can die from preventable accidents. We pursue both workers’ compensation death benefits and third-party wrongful death claims when appropriate.
Construction Accidents
Industrial Accidents
Property owners must maintain safe conditions for visitors. When they fail, people can die from preventable accidents:
Slip and Fall Deaths
Swimming Pool Drownings
Security-Related Deaths
The substantial increase in damage caps (up to $2.125 million for non-economic damages for most wrongful death claims, and $1.575 million for medical malpractice wrongful death claims) means families can now seek meaningful compensation for their emotional losses. The new caps acknowledge that losing a loved one causes deep suffering that deserves significant financial recovery.
The expansion of who can file wrongful death claims to include siblings (effective January 1, 2025) recognizes that family relationships extend beyond just spouses, children, and parents. If you lost a sibling due to someone else’s negligence, you now have legal rights you didn’t have before 2025.
Starting in 2028, non-economic damage caps in Colorado will automatically adjust for inflation every two years. This ensures that compensation amounts maintain their value over time and don’t erode due to economic changes, providing long-term stability for grieving families.
Every wrongful death case is unique, and compensation depends on many factors:
We provide honest assessments based on our experience with similar cases, including our firm’s significant verdicts and settlements, but final compensation depends on negotiation or trial results.
Most wrongful death cases resolve within 12-24 months, but complex cases, especially those that proceed to trial, may take longer. Factors affecting the timeline include:
We work efficiently while ensuring thorough preparation of your case to maximize recovery.
Colorado follows a “modified comparative negligence” rule. Even if your loved one was partially responsible for the accident, you can still recover compensation if the defendant was more than 50% at fault. Your recovery will be reduced by your loved one’s percentage of fault. We work diligently to minimize any assigned fault.
Yes, criminal and civil cases are separate. Even if criminal charges are filed or result in acquittal, you can still pursue a wrongful death lawsuit. The burden of proof is lower in civil cases, meaning you might win your case even if criminal charges are dropped or result in acquittal.
We explore all possible sources of compensation, including:
Colorado’s two-year statute of limitations for wrongful death cases is absolute. Evidence disappears, witnesses forget details, and documents get lost over time. The sooner you contact us, the better we can protect your rights and build a strong case.
Don’t Talk to Insurance Companies Alone Insurance adjusters may seem helpful, but they are trained to minimize payouts. Let McCormick & Murphy, P.C., handle all communications with insurance companies to protect your family’s interests.
Don’t Accept Quick Settlement Offers Initial offers are usually far below fair value. We’ll evaluate any offers and negotiate for appropriate compensation based on your actual losses and the new 2025 damage caps.
Don’t Assume You Can’t Afford Legal Help Our contingency fee arrangement means you pay nothing unless we win. We advance all case costs, so financial concerns shouldn’t prevent your family from seeking justice.
We understand that reaching out to a lawyer during your time of grief takes courage. Our team is here to listen, support, and fight for your family’s rights with compassion and determination.
Call us at 888-668-1182 or fill out our online form at https://mccormickmurphy.com/ to schedule your free, confidential consultation.
During your consultation, we’ll:
You have nothing to lose and everything to gain by learning about your rights. Let us help you secure the justice and financial stability your family deserves while you focus on healing and remembering your loved one.
Losing a loved one due to someone else’s negligence is a tragedy no family should endure alone. While we cannot bring back your loved one, we can help you secure the financial resources your family needs and hold responsible parties accountable for their actions.
Our experienced Pueblo wrongful death lawyers at McCormick & Murphy, P.C., are ready to fight for your family’s rights. We’ll manage the legal complexities while you focus on what matters most – healing and honoring your loved one’s memory.
Contact us today for your free consultation. Let us help you take the first step toward justice and financial security for your family’s future.
We provide convenient and exceptional legal services to personal injury victims throughout the state of Colorado, we have offices in:
Fill out the form and we will contact you ASAP!
Disclaimer: The information on this website is for information purposes only. This website should not be taken as legal advice. Prior results do not guarantee a similar outcome. This information should not be taken as the formation of a lawyer or attorney client relationship.
© 2025 McCormick & Murphy, P.C. | All Rights Reserved | Privacy Policy | Terms & Conditions