Wrongful Death

At the Colorado Springs law firm of Melat, Pressman & Higbie, LLP, our personal injury lawyers fight to recover full and fair compensation for victims of motor vehicle accidents, slips and falls on unsafe properties, and other serious injuries caused by the negligence or wrongful act of another person, company or government agency.  

When an accident becomes the ultimate tragedy and causes the death of a loved one, Colorado law allows for the family to pursue an action for wrongful death, providing compensation to the bereaved and holding the negligent individual, company or government agency accountable for the damages caused. 

Colorado law authorizes the spouse and/or heirs (children) of the deceased to pursue a wrongful death claim.  They may recover damages are personal to the harm suffered and include direct economic losses such as the medical bills and funeral and burial expenses they must pay, as well as the loss of future earnings and benefits that the deceased would have provided for the family. 

The certain family members may also recover for noneconomic loss such as grief, loss of companionship, pain and suffering, and emotional stress. 

The amount of noneconomic damages which can be recovered has been capped at $436,070 in most instances.  Alternatively, the law allows the spouse or children to elect to receive a "solatium" award of $87,210 as compensation for noneconomic losses.  This amount is awarded on a finding that the defendant is liable and does not require the extra effort of proving an amount of noneconomic losses to a jury. 

The two-year statute of limitations for filing a lawsuit begins to run on the date of the death. 

It is easy for time to slip away following the death of a loved one.  Family members are busy with funeral arrangements, estate administration, and mountains of paperwork from hospitals, doctors, and insurance companies, and are barely left with time to grieve, much less think about filing a lawsuit against the person or entity who caused the death through their negligence or wrongful conduct.  Yet it only compounds the tragedy if those responsible are not held accountable for their behavior, or if the family has to suffer further because they cannot afford a respectable funeral or decent standard of living after the loss of a primary wage earner. 

You can reduce your loss and suffering by contacting an experienced trial lawyer who can help you through this difficult time.  Contact Melat, Pressman & Higbie, LLP for assistance in holding the responsible party accountable and recovering the compensation to which you or the children may be entitled.