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Pueblo Wrongful Death Lawsuits

Wrongful Death Lawyer Pueblo, Colorado

Wrongful Death Lawyers Serving Pueblo Families Seeking Justice

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.

Statute of Limitations for Colorado Wrongful Death Claims

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.

Who can File a Wrongful Death Claim?

Colorado law specifically restricts who can bring wrongful death claims and establishes a filing hierarchy based on time:

  • First year after death: Only a surviving spouse may file, with three exceptions: (1) the spouse may include the decedent’s children by filing an election; (2) if the deceased was unmarried, their children may file; (3) if unmarried with no children, the decedent’s parents may file.
  • Second year after death: Both the spouse and designated beneficiaries may file claims. If the spouse filed during the first year, they may join any subsequent claim filed by heirs or beneficiaries.

This hierarchical system differs significantly from many other states and requires careful navigation with experienced legal counsel.

Types of Incidents Leading to Wrongful Death Claims

Wrongful death lawsuits in Pueblo arise from numerous scenarios where negligence or misconduct leads to fatal outcomes:

  • Motor vehicle accidents (cars, motorcycles, trucks, pedestrians)
  • Medical malpractice and medication errors
  • Workplace accidents, including construction and industrial incidents
  • Premises liability cases such as slips and falls
  • Defective products and consumer goods
  • Recreational and sporting accidents
  • Criminal acts of violence
  • Dog attacks and animal-related fatalities
  • Pool and drowning accidents

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.

Damages Available in Colorado Wrongful Death Cases

Colorado wrongful death plaintiffs may recover several types of damages, though state law does impose certain caps on non-economic damages:

  • Economic Damages: These include financial losses such as lost income and earning capacity, medical expenses prior to death, funeral and burial costs, and loss of benefits and inheritance. These damages are typically not capped under Colorado law.
  • Non-Economic Damages: Compensation for grief, loss of companionship, emotional suffering, and loss of consortium. Colorado currently caps non-economic damages in most wrongful death cases, with amounts periodically adjusted for inflation.
  • Punitive Damages: Available in cases involving particularly egregious conduct, these damages are intended to punish the wrongdoer and deter similar behavior. These are limited to three times the amount of actual damages in Colorado.

The Wrongful Death Claim Process in Pueblo

The process of pursuing a wrongful death claim in Pueblo typically involves several stages:

  1. Investigation and Evidence Collection: Gathering police reports, medical records, witness statements, expert opinions, and other evidence to establish liability.
  2. Case Valuation: Working with economic experts, medical professionals, and actuaries to determine the full financial impact of the loss.
  3. Insurance Negotiations: Many wrongful death claims involve insurance companies representing the at-fault parties. Our attorneys handle all communications and negotiations with these insurers.
  4. Settlement vs. Litigation: While many cases resolve through settlement, we prepare every case as if it will go to trial, ensuring maximum leverage during negotiations.
  5. Trial Representation: If a fair settlement cannot be reached, our experienced trial attorneys will present your case persuasively to a judge and jury.

Throughout this process, we handle all legal aspects while providing compassionate support to help your family focus on healing.

Expert Witnesses in Wrongful Death Cases

Successfully proving wrongful death claims often requires testimony from various expert witnesses, including:

  • Accident reconstruction specialists
  • Medical experts
  • Economic analysts to calculate lifetime earning potential
  • Life expectancy experts
  • Mental health professionals to address grief and emotional impact
  • Industry specialists relevant to the specific case circumstances

Our firm works with respected professionals across these fields to build compelling cases for our clients.

Contact an Experienced Colorado Wrongful Death Attorney

Contact an Experienced Pueblo Wrongful Death Lawyer

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 (719) 451-7541 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.

Wrongful Death Attorney Services