Losing a loved one is overwhelming. Medical bills, funeral costs, and insurance paperwork add even more stress. At Rector Stuzynski Law Firm, our Colorado Springs wrongful death attorneys guide families through the claims process and fight for the full compensation the law allows. Consultations are free, and we only get paid if we recover money for you.
What a Wrongful Death Attorney Does
A wrongful death attorney pursues compensation when a person’s negligent or wrongful act causes a death. We investigate what happened, prove fault, calculate losses, negotiate with insurers, and take cases to trial when needed. Our goal is to shoulder the legal burden so you can focus on your family.
What Is Wrongful Death
Wrongful death occurs when negligence or a wrongful act leads to fatal injuries. The surviving family can bring a civil claim for financial recovery, which may include both economic and non economic damages. In some cases, a related survival action may also be filed to recover damages the deceased would have claimed if they had lived.
Common Causes Our Wrongful Death Attorneys See
Motor vehicle crashes involving cars, trucks, motorcycles, bicycles, or pedestrians
Dangerous property conditions and slip and fall incidents
Defective or dangerous products
Workplace and construction accidents
Drowning, boating, and aviation incidents
Criminal or reckless conduct and overdoses related to negligence
If you suspect negligence played a role in your loved one’s death, our Colorado Springs wrongful death attorneys can evaluate your claim at no cost.
Evidence Your Wrongful Death Attorney Will Use
Successful cases show four elements: duty of care, breach of that duty, causation, and damages. We gather police reports, medical records, photos and video, witness statements, expert opinions, and any available maintenance or product records to prove each element clearly.
Do You Have a Valid Wrongful Death Claim
You may have a valid claim if a person or company’s negligence caused a fatal injury and your family suffered losses. Wrongful death cases are civil actions focused on monetary recovery. The burden of proof is on the plaintiff, which is why working with an experienced wrongful death attorney is important.
Who Can File a Wrongful Death Claim in Colorado
First year after death: the spouse, or the heirs with the spouse’s consent, or the designated beneficiary
Second year after death: the spouse, heirs, designated beneficiary, or parents if there is no spouse, heirs, or beneficiary
Beginning in 2025, siblings may bring a claim in the second year following the death
Your wrongful death attorney will confirm eligibility based on your family’s situation.
Filing Deadline for Colorado Springs Wrongful Death Claims
Colorado’s statute of limitations for wrongful death is generally two years from the date of death. Missing this deadline usually ends the right to recover. Contact a wrongful death attorney as early as possible so we can preserve evidence and protect your claim.
What Damages Can Be Recovered
Wrongful death damages often include:
Economic losses such as medical bills, funeral and burial costs, lost income, and loss of expected inheritance
Non economic losses such as grief, sorrow, emotional pain, and loss of companionship
Punitive damages in limited cases involving fraud, malice, or willful and wanton conduct
As of January 1, 2025, Colorado increased the cap for non economic wrongful death damages to 2.125 million dollars for cases filed on or after that date. There is no cap on economic losses. Your wrongful death attorney will calculate all categories of damages available to your family.
Wrongful Death vs. Survival Action
A wrongful death claim seeks compensation for the family’s losses, such as lost income and loss of companionship. A survival action seeks damages the deceased could have claimed, such as medical care incurred before passing. Many cases involve both, and your attorney will advise on strategy.
Are Wrongful Death Settlements Taxable
Under Internal Revenue Code section 104, most compensatory damages for personal injuries or death are not treated as taxable income. Certain components, such as punitive damages or interest, may be taxable. Always review settlement details with your attorney and tax professional.
How Long Will a Wrongful Death Case Take
Timelines vary. Investigation and evidence gathering can take weeks or months. Many claims settle without a trial once liability and damages are clearly presented. Disputed cases may proceed to mediation and sometimes trial, which can extend the timeline. Your wrongful death attorney will set expectations based on the facts of your case.
Who Can Be Held Liable
Potentially responsible parties include negligent drivers, employers, property owners, manufacturers, service providers, or other entities whose conduct contributed to the death. Liability depends on the evidence and may involve multiple parties and insurance policies.
Why Hire a Colorado Springs Wrongful Death Attorney
Handling a wrongful death case without counsel risks undervaluing the claim and missing key deadlines. Our attorneys:
Investigate, secure evidence, and retain experts
Analyze all applicable insurance coverage and policy limits
Prove fault and the full scope of damages
Negotiate assertively for a fair settlement
Try the case in court when required
Finalize structured or lump sum payment plans that fit your family’s needs
What Is My Claim Worth
Case value depends on economic losses, non economic harm, policy limits, and liability strength. Because every case is unique, an accurate valuation requires a detailed review of facts, documentation, and insurance. Our wrongful death attorneys provide a careful assessment during your free consultation.
Speak With a Colorado Springs Wrongful Death Attorney
If you lost a loved one due to negligence, we are here to help. Call (719) 578-1106 to speak with a Colorado Springs wrongful death attorney at Rector Stuzynski Law Firm. Your consultation is free, and there are no fees unless we recover compensation for your family.
