Justice for Families After a Wrongful Death in Colorado Springs

Losing a loved one unexpectedly is devastating, especially when the death was caused by someone else’s reckless or negligent behavior. In Colorado Springs, wrongful death cases often stem from fatal car accidents, truck collisions, motorcycle crashes, or dangerous property conditions. These incidents not only shatter families emotionally but also leave them grappling with sudden financial hardship and unanswered legal questions.

At the Law Office of Jordan S. Levine, we stand with families in Colorado Springs who are mourning the loss of a loved one due to wrongful death. We understand the complex legal and emotional terrain you’re navigating, and we’re here to help you pursue accountability, closure, and compensation. If someone else’s actions took the life of your family member, you may have the right to file a wrongful death claim and hold the responsible party accountable.

Don’t face this alone. Call our office at (303) 835-4910 or contact us online to schedule a free consultation today. We’ll walk you through your legal options and fight to secure the justice your loved one deserves.

What Constitutes a Wrongful Death in Colorado Springs

Wrongful death in Colorado Springs refers to any fatal incident caused by the careless, reckless, or intentional actions of another individual or entity. These claims fall under Colorado’s civil law system and allow surviving family members to seek justice and compensation for the emotional, financial, and psychological toll of losing a loved one. While criminal charges may also arise from the same event, a wrongful death lawsuit is a separate legal action focused on holding the at-fault party financially accountable.

In Colorado Springs, wrongful death lawsuits frequently stem from fatal car crashes on roads like I-25, catastrophic workplace accidents, dangerous premises conditions, and defective consumer products. Whether the death was instantaneous or occurred after a prolonged medical struggle, Colorado law allows specific family members to pursue compensation for the losses they’ve endured due to another’s negligence.

To learn more about how Colorado defines wrongful death, refer to C.R.S. § 13-21-202, which outlines the statutory basis for these claims.

Who Can File a Wrongful Death Lawsuit in Colorado Springs

Colorado has strict rules regarding who can file a wrongful death claim, and these rules vary depending on the timeline after the person’s death. The law prioritizes certain surviving family members during specific timeframes, which makes it essential to consult with an experienced attorney to avoid legal pitfalls.

Surviving Spouse Has Priority in the First Year

In the first year following a wrongful death, only the surviving spouse has the exclusive right to bring a lawsuit. This rule reflects the legal recognition of the spouse as the closest surviving relative with both emotional and financial ties to the decedent. However, the spouse may choose to include other beneficiaries, such as children or a designated heir, by filing jointly or providing written consent.

If no spouse exists, then other eligible family members may be permitted to pursue a wrongful death action during this period. However, legal consultation is critical, as improperly filed claims can be dismissed based on timing or eligibility.

To better understand the legal priorities of wrongful death claims, review Colorado Revised Statutes § 13-21-201 for full statutory language.

Children or Beneficiaries May File in the Second Year

Beginning in the second year after the wrongful death, the surviving children of the deceased may also bring a claim, either jointly with the spouse or independently if no spouse exists. Adult children are eligible to file as well, provided they can demonstrate a loss stemming from the death, such as financial dependency or emotional support.

If the deceased had no spouse or children, the decedent’s parents may file a wrongful death claim during this second year. This extension allows parents grieving the loss of a child, regardless of their child’s age, to seek accountability.

These strict timelines are enforced under Colorado law, and failing to act within the proper window could permanently bar surviving family members from obtaining justice.

What a Colorado Springs Wrongful Death Claim Can Recover

A successful wrongful death lawsuit seeks compensation for both economic and non-economic damages. These losses are not intended to measure the worth of a human life but to address the real consequences experienced by surviving family members after an unexpected death. Compensation can be vital for families facing mounting bills, lost income, and emotional devastation.

Medical Expenses Incurred Before Death

In many wrongful death cases, the deceased may have received emergency treatment or been hospitalized before passing away. These costs, including ambulance services, surgeries, ICU stays, and diagnostic tests, are recoverable in a wrongful death action. Medical bills often amount to tens of thousands of dollars or more, especially if life support or prolonged care was involved.

Hospitals in Colorado Springs, such as UCHealth Memorial Hospital Central and Penrose Hospital, are frequent providers of critical care in emergency fatality cases. Their records are crucial in establishing damages during a wrongful death lawsuit.

Funeral and Burial Expenses

Surviving families are often left to cover funeral costs, burial or cremation services, and associated expenses like memorial ceremonies, transportation, or headstones. According to the National Funeral Directors Association, the average funeral in the United States costs over $7,000, placing a sudden and significant burden on grieving families.

In Colorado Springs, local funeral homes such as Swan-Law Funeral Directors are often involved in services following a fatal accident, and receipts from these arrangements can be submitted as part of the claim.

Loss of Financial Support and Future Earnings

If the deceased was a primary earner or contributed to the family’s income, a wrongful death lawsuit can seek compensation for the financial support they would have provided had they lived. This includes not only lost wages but also future earnings, retirement benefits, and employment-based health insurance.

Calculating this amount typically involves expert economic projections that consider the decedent’s age, education, career trajectory, and life expectancy. Financial experts and forensic economists are frequently called upon to provide this analysis in wrongful death cases.

For more information about how lost wages and benefits are factored into civil claims, the U.S. Bureau of Labor Statistics (BLS) offers helpful wage data and actuarial tables.

Loss of Companionship, Guidance, and Emotional Support

One of the most devastating consequences of a wrongful death is the emotional void left behind. Colorado allows families to recover damages for non-economic losses such as loss of companionship, care, guidance, affection, and emotional support. These damages acknowledge the human cost of a life cut short and aim to provide some measure of justice for those left behind.

In Colorado, there is a statutory cap on non-economic damages, which is periodically adjusted for inflation. According to the Colorado Department of Regulatory Agencies, the most recent cap for non-economic damages in wrongful death cases (as of 2024) exceeds $613,760, though higher amounts may be available in cases involving felonious killing.

Pain and Suffering Experienced Before Death

If the decedent suffered pain, fear, or distress before dying, even for a brief period, this may be compensable through what is known as a “survival action.” This legal claim is separate from the wrongful death suit and is filed on behalf of the estate, not the surviving family. Survival actions aim to recover damages the victim could have claimed had they survived the incident, including pain and suffering, medical costs, and lost wages incurred before death.

These claims require detailed medical documentation and often rely on testimony from emergency physicians, trauma surgeons, or paramedics to establish the level of suffering endured. The American College of Emergency Physicians (ACEP) provides guidelines on emergency trauma response and timing that can help attorneys build strong survival action claims.

Common Causes of Wrongful Death in Colorado Springs

Wrongful death can occur in any situation where negligence, recklessness, or intentional harm leads to a fatal outcome. In Colorado Springs, the most common causes of wrongful death involve motor vehicle crashes, unsafe properties, medical errors, workplace accidents, and defective products. These tragedies happen every day across El Paso County on highways like I-25, in neighborhoods near Powers Boulevard, or in the operating rooms of local hospitals.

Understanding how wrongful deaths occur helps families identify potential legal claims and secure the accountability they deserve. Each type of case requires a unique legal strategy and often involves different types of evidence, liability standards, and expert witnesses. Below are the most frequent causes of wrongful death in Colorado Springs.

Fatal Motor Vehicle Accidents on Colorado Springs Roads

Motor vehicle crashes are among the leading causes of wrongful death in Colorado. Whether the incident involves a car, motorcycle, truck, or pedestrian, fatal crashes are common across the city’s fast-moving corridors and rural highways.

Distracted and Impaired Driving

Distracted driving, including texting, using navigation apps, or adjusting in-car controls, leads to thousands of deaths each year. In Colorado Springs, distracted drivers are especially dangerous on roads like Academy Boulevard, Austin Bluffs Parkway, and I-25. Impaired driving is also a major threat. According to the Colorado Department of Transportation, more than one-third of traffic fatalities in the state involve alcohol or drugs.

Wrongful death claims involving DUI drivers often allow families to seek punitive damages in addition to compensation for financial and emotional losses.

High-Speed Collisions on Mountain and Urban Roads

Speeding is a deadly factor on Colorado’s roads, particularly on steep, winding highways like Highway 24, North Nevada Avenue, and CO-115. High-speed crashes can result in multi-vehicle pileups or catastrophic rollovers. Victims often suffer fatal injuries before emergency personnel can even reach the scene.

The National Highway Traffic Safety Administration (NHTSA) emphasizes that even modest speeding greatly increases the likelihood of fatal outcomes, especially for pedestrians and cyclists.

Pedestrian and Bicycle Fatalities

Colorado Springs has a growing population of pedestrians and cyclists, but the infrastructure has not kept pace. When drivers fail to yield, run red lights, or swerve into bike lanes, the results are often fatal. Intersections like Constitution Avenue and Powers Boulevard are high-risk zones for vulnerable road users.

The Centers for Disease Control and Prevention (CDC) highlights that pedestrian deaths have increased nationwide, with urban and suburban areas seeing the greatest spikes.

Fatal Accidents on Dangerous or Neglected Properties

Property owners have a legal duty to maintain safe premises. When they fail to remove hazards, repair structural issues, or provide adequate security, the consequences can be deadly.

Falls on Ice-Covered Walkways

In the winter months, Colorado Springs sees frequent snowfall and sub-zero temperatures. Property owners, including landlords, retailers, and public entities, must clear sidewalks and entryways promptly. Falls on untreated ice can result in fatal head trauma or internal injuries, especially for older adults.

The National Safety Council (NSC) warns that slip and fall accidents are a top cause of unintentional injury death, particularly among seniors.

Lack of Security in High-Risk Areas

Wrongful death claims can also stem from violent crime on commercial property. If a business fails to install lighting, surveillance, or security personnel in areas known for prior incidents, and someone is killed as a result, the property owner may be liable.

For example, parking lots near entertainment venues or apartment complexes in Southeast Colorado Springs are known for higher crime rates. Families of homicide victims may pursue wrongful death suits against the property owners for negligent security.

Collapsing Structures or Unsafe Conditions

Fatalities have occurred in Colorado Springs due to building collapses, unsafe stairwells, or malfunctioning elevators. When a landlord or manager ignores known structural issues or fails to comply with building codes, they may face liability for any resulting deaths.

The Occupational Safety and Health Administration (OSHA) provides federal guidelines for fall protection and safe structural standards in both residential and commercial settings.

Medical Malpractice and Hospital Negligence

Not all wrongful deaths occur on the road or on unsafe property. A significant number happen in hospitals, clinics, and long-term care facilities due to medical errors or neglect.

Surgical Mistakes and Anesthesia Errors

Surgeons, anesthesiologists, and operating room staff must follow strict protocols to ensure patient safety. Fatal mistakes, such as operating on the wrong body part, administering the wrong dose of anesthesia, or failing to monitor vital signs, can result in immediate and irreversible harm. These errors are classified as “never events,” meaning they should never occur in a properly run medical setting.

The Agency for Healthcare Research and Quality (AHRQ) tracks surgical safety issues and patient harm data across the country.

Misdiagnosis or Delayed Diagnosis

When a physician fails to diagnose a life-threatening condition, such as cancer, stroke, or infection, the patient may miss a critical treatment window. If the delay or misdiagnosis leads to death, surviving family members may have grounds for a wrongful death lawsuit.

Common examples in Colorado Springs include fatal infections misidentified as minor illnesses or cancer cases missed during routine screenings at clinics like UCHealth or Optum Medical Group.

Nursing Home Neglect

In assisted living facilities, negligence often takes the form of untreated infections, malnutrition, dehydration, or fall-related injuries. When these conditions lead to a resident’s death, the nursing home operator may be held accountable. According to the Centers for Medicare & Medicaid Services, facilities must adhere to strict federal safety and care standards or risk legal exposure.

Workplace Fatalities and Industrial Accidents

Colorado Springs is home to several construction firms, manufacturing plants, and military installations. Workers in these settings face heightened risks of fatal injury due to falls, machinery accidents, toxic exposure, or vehicle collisions.

Construction Site Accidents

Construction zones are particularly dangerous, especially when safety protocols are ignored. Falls from scaffolding, electrocution, or being struck by heavy equipment are all leading causes of death in the construction industry.

The U.S. Department of Labor maintains public data on construction-related fatalities, which can serve as critical evidence in workplace wrongful death claims.

Military and Government Contractor Deaths

While active-duty military deaths typically fall under federal jurisdiction, civilian contractors and employees working on military bases like Fort Carson may be eligible for wrongful death protection under Colorado law. These cases often involve unique legal complexities and benefit from skilled legal representation.

Equipment Malfunctions and Defective Tools

In industrial environments, poorly maintained machinery can lead to deadly incidents. When a worker is killed due to a malfunctioning tool or piece of equipment, the manufacturer or employer may be liable. The Consumer Product Safety Commission (CPSC) tracks recalls and safety notices that can be relevant in these types of cases.

Dangerous or Defective Products

When consumers die because of unsafe products, the manufacturer, distributor, or retailer may be held liable under product liability laws.

Automotive Defects

Vehicle manufacturers have a duty to ensure their cars are safe. If a car’s brakes fail, airbags don’t deploy, or the fuel system explodes on impact, the automaker may be held responsible for any resulting deaths. Product recalls from automakers like Toyota, GM, or Ford have resulted in numerous wrongful death claims across the U.S.

For recall information on defective vehicles or parts, visit the NHTSA’s Recalls Lookup database.

Dangerous Drugs and Medical Devices

Prescription medications and implanted medical devices can cause fatal complications when they are defectively manufactured or improperly labeled. Wrongful death claims have been filed nationwide against pharmaceutical companies and device manufacturers who fail to warn consumers of serious risks.

The U.S. Food and Drug Administration (FDA) offers detailed recall and safety alert information that can help establish liability in these cases.

What to Do After a Wrongful Death in Colorado Springs

The hours and days following a wrongful death are filled with grief, confusion, and urgent decisions. While no amount of legal action can bring back your loved one, taking the right steps early on can protect your family’s rights and build the foundation for justice. In Colorado Springs, wrongful death claims require thorough evidence, swift legal action, and a clear understanding of the law. The actions you take now can directly impact your ability to recover compensation later.

If you believe your loved one died due to someone else’s negligence, whether in a crash on I-25, a fall at a nursing home, or a fatal surgical error, it is critical to preserve evidence and seek legal counsel immediately.

Contact Emergency Services and Request an Official Report

The first step after any fatal incident is to call 911 and ensure that law enforcement or emergency responders arrive on the scene. An official report creates a critical legal record and often includes key details about what occurred, who was involved, and any visible hazards or violations.

Obtain a Death Certificate and Police Report

You’ll need an official death certificate to initiate a wrongful death claim. In Colorado Springs, death certificates are issued through the El Paso County Public Health Department. If the death was investigated by law enforcement, the Colorado Springs Police Department or Colorado State Patrol will issue a detailed report. You can request a copy through the Colorado State Patrol Records Portal or the Colorado Springs Police Department Records Unit.

These documents serve as foundational evidence in proving that negligence caused the death.

Preserve Physical and Digital Evidence

Whether the fatal incident occurred on the road, at a workplace, or in a medical facility, preserving evidence is critical. Families should gather all records, photographs, and contact information before critical details disappear.

Collect Photographs, Medical Records, and Witness Information

Photographs of the crash site, damaged vehicles, hazardous conditions, or defective products can be powerful tools in proving negligence. Medical records from facilities like UCHealth or Penrose Hospital will document injuries, treatments, and the timeline leading up to death. If anyone witnessed the incident or the conditions leading to it, gather their contact information immediately.

Even surveillance footage from nearby businesses or street cameras may be available, but this footage is often overwritten quickly, which is why fast legal intervention is crucial.

Avoid Speaking to Insurance Adjusters Without Legal Counsel

Soon after a fatal accident, insurance companies representing the at-fault party may contact surviving family members. They may appear sympathetic, but their primary goal is to limit the insurer’s financial liability. Anything you say can be used to undermine your claim or justify a lower settlement.

Let an Attorney Handle All Communications

Colorado law does not require you to speak with opposing insurance companies without representation. The Colorado Division of Insurance advises claimants to avoid providing recorded statements or accepting early settlements without legal review. An experienced wrongful death lawyer will manage all insurance communications and protect your family from predatory tactics.

Open an Estate and Appoint a Personal Representative

Before pursuing a wrongful death or survival action, you’ll need to open a formal estate for the deceased. This legal structure allows someone, usually a spouse, child, or parent, to act on the estate’s behalf.

Filing Through the El Paso County Probate Court

In Colorado Springs, wrongful death claims are typically filed in El Paso County District Court. The court will require you to appoint a personal representative (executor) who will manage the estate and serve as the plaintiff in a survival action. You may also need to work with the Colorado Judicial Branch Self-Help Center for probate filing instructions.

Establishing the estate early ensures that all legal rights are preserved and that damages can be pursued properly under Colorado statutes.

Consult a Colorado Springs Wrongful Death Attorney Immediately

Wrongful death claims are complex, time-sensitive, and emotionally draining. You should not have to navigate this alone. A qualified wrongful death lawyer will launch a full investigation, gather critical evidence, identify all liable parties, and ensure your case is filed within the state’s legal time limits.

Statute of Limitations for Wrongful Death in Colorado

Under C.R.S. § 13-80-102, most wrongful death claims must be filed within two years of the date of death. In the first year, only the spouse may file. In the second year, children and parents may also bring claims. Claims involving government agencies or public employees may have even shorter deadlines, so it’s vital to act quickly.

Letting time pass without legal action can result in the permanent loss of your right to seek compensation.

Get Legal Help After a Wrongful Death in Colorado Springs

Losing a loved one due to someone else’s negligence is one of the most painful experiences a family can endure. During this time of grief, you shouldn’t have to worry about legal deadlines, insurance negotiations, or proving liability. At the Law Office of Jordan S. Levine, we are here to shoulder that burden for you.

Our team fights for Colorado Springs families who have lost a spouse, child, or parent in fatal crashes, workplace disasters, hospital errors, and other preventable tragedies. We conduct thorough investigations, work with leading experts, and take on powerful defendants to secure the justice and financial compensation you deserve. Whether your case involves a distracted driver, a negligent landlord, or an unsafe medical facility, we are ready to fight for answers and accountability.

You don’t have to go through this alone. We work on a contingency fee basis, which means you pay nothing unless we win your case.

Call us today at (303) 835-4910 or reach out through our secure contact form to schedule your free, no-obligation consultation. Let us help you take the first step toward healing, justice, and a more secure future.