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 children of the deceased to pursue a wrongful death claim. They may recover damages for the harm suffered and include economic losses such as the medical bills and funeral expenses, as well as the loss of future earnings that the deceased would have provided for the family.
Family members may also recover for noneconomic damages such as grief and sorrow and loss of companionship.
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. Solatium is awarded on a finding that the defendant is liable and does not require proof of the amount of noneconomic losses.
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.
You should not delay contacting a trial lawyer experienced in wrongful death matters. Contact Melat, Pressman & Higbie, LLP who can help you through this difficult time by holding the responsible party accountable and recovering compensation for you and your children.