Colorado Springs Wrongful Death Lawyers

Metier Law Firm: Colorado Springs Wrongful Death Attorneys Fighting for Your Family

Families facing a wrongful death claim are not dealing with a paperwork dispute. They are standing up against insurance companies, corporations, and defense teams whose goal is to pay as little as possible. Our attorneys have spent decades litigating catastrophic injury and wrongful death cases, and we come to every case prepared to take it to a jury when the other side refuses to be fair.

Our results reflect what is possible when attorneys are willing to fight hard against powerful opponents:

• $1.45 Million: Settlement for a wrongful death claim. 
• $6 Million+: Settlement for a wrongful death claim.
• $17 Million: Settlement in an insurance bad faith claim arising from a vehicle crash.
• $40 Million+: Verdict for a defective vehicle resulting in a spinal cord injury.
• $52 Million: Verdict for a car accident victim in Colorado.

Past results do not guarantee what any individual case will produce. What they reflect is a firm with the resources, trial skill, and willingness to take on the most well-funded opponents. Families in Colorado Springs deserve that level of representation, and we bring it to every case we accept.

What Is Wrongful Death in Colorado?

A wrongful death claim is a civil action surviving family members may bring when a person dies as a direct result of another party's negligent, reckless, or intentional conduct. Under C.R.S. § 13-21-202, the party who would have been liable had the injured person survived remains fully liable after death. If your loved one had the right to file a personal injury lawsuit had they lived, you likely have the right to file a wrongful death claim on their behalf.

A wrongful death case is entirely separate from any criminal investigation or prosecution. Colorado families can pursue civil compensation regardless of whether criminal charges are filed or a conviction is ever obtained. The civil burden of proof is lower than the criminal standard, which means a family can prevail even when a criminal case does not.

Who Can File a Wrongful Death Claim in Colorado Springs?

Colorado law sets strict rules about who may file and when. Under C.R.S. § 13-21-201, eligibility is determined by the claimant's relationship to the deceased and the time elapsed since the death. Colorado HB 24-1472, effective January 1, 2025, also expanded the list of eligible claimants to include siblings in certain circumstances.

• First year after death: The surviving spouse holds the exclusive right to file.
• Second year after death: Both the surviving spouse and surviving children may file.
• No surviving spouse or children: The deceased's parents may bring a wrongful death claim.
• Siblings (as of 2025): Under HB 24-1472, a sibling may file where no spouse, children, parents, or designated beneficiaries survive.

These windows are firm. Missing the applicable deadline or misidentifying who holds the right to file can permanently eliminate the family's ability to recover compensation. If there is any uncertainty about your eligibility, contacting an attorney immediately is the most important step you can take.

Common Causes of Wrongful Death in Colorado Springs

In 2024, 49 people died in traffic crashes in Colorado Springs, down from a record high of 56 fatalities in 2022. According to the Colorado Department of Transportation, El Paso County recorded 78 total traffic fatalities in 2024, ranking it second-highest in the state for traffic deaths and serious bodily injuries. Speeding is the leading cause of fatal crashes in the city, per the Colorado Springs Police Department, and El Paso County ranked first in the state for fatal motorcycle crashes in 2022, with 25 fatalities.

Fatal accidents in Colorado Springs arise from many circumstances, including:

• Motor Vehicle Accidents: Car crashes, rear-end collisions, and high-speed impacts along I-25, Powers Boulevard, and local roads.
• Motorcycle Accidents: Crashes caused by inattentive drivers, dangerous road conditions, and failure to yield.
• Commercial Truck Accidents: Collisions involving tractor-trailers traveling through El Paso County on interstate and state routes.
• Medical Malpractice: Preventable deaths from surgical errors, misdiagnosis, and medication failures.
• Premises Liability: Fatal injuries from dangerous property conditions or inadequate security.
• Defective Products: Deaths linked to design or manufacturing defects in vehicles, machinery, or consumer products.
• Workplace Accidents: Fatal incidents in construction, oil and gas, and industrial settings.
• Nursing Home Negligence: Preventable deaths from neglect or abuse in Colorado care facilities.

Compensation Available in Colorado Springs Wrongful Death Claims

Under C.R.S. § 13-21-203, families may recover damages across several categories. The amounts available depend on the facts of the case, the claimant's relationship to the deceased, and the nature of the defendant's conduct.

Economic Damages

Economic damages cover the measurable financial losses caused by the death, calculated from documented facts and projections:

• Lost earnings and future income: Wages, salary, and financial contributions the deceased would have provided over their projected career.
• Medical expenses: All treatment costs from the moment of injury through the time of death.
• Funeral and burial costs: Reasonable expenses directly related to the deceased's burial and memorial services.
• Loss of household services: The financial value of tasks and contributions the deceased routinely provided to the family.
• Loss of inheritance: What the deceased would have accumulated and passed on to heirs over a normal life expectancy.

Non-Economic Damages

Non-economic damages address losses without a fixed price, including grief, emotional distress, loss of companionship, and the pain and suffering the deceased experienced before death. Colorado law caps these damages, and that cap changed significantly under HB 24-1472: for wrongful death claims filed on or after January 1, 2025, the non-economic cap rose from approximately $679,990 to $2.125 million, the largest single increase in Colorado wrongful death law in decades. Beginning January 1, 2028, the cap adjusts for inflation every two years.

Punitive Damages

Punitive damages may be awarded when a defendant's conduct was egregious, reckless, or malicious, and are intended to punish the responsible party and deter similar conduct. They are not available in every case. The evidence must show the defendant acted with conscious disregard for the safety of others. In qualifying cases, punitive damages can substantially increase both the pressure on the opposing side and the overall value of the claim.

Colorado Springs Wrongful Death Statute of Limitations

Colorado wrongful death claims are generally subject to a two-year statute of limitations from the date of the deceased's death. Failing to file within this period almost always bars any recovery, regardless of how strong the evidence is. Cases involving government entities may require a written notice of claim within 182 days of the death, well before the two-year filing deadline.

Two years can pass faster than families expect. Physical evidence degrades, surveillance footage is overwritten within 30 to 90 days, and witness memories fade. Vehicle data recorders hold critical information that disappears before a legal hold can be put in place. Reaching out to our team early gives us the opportunity to preserve the evidence that builds a strong case from the start.

How Our Colorado Springs Wrongful Death Lawyers Build Your Case

No two wrongful death cases are alike. Our attorneys are personally involved at every stage, from the first call through the final resolution. We do not hand files to case managers and wait for a settlement offer.

Building a strong wrongful death case involves:

• Scene and evidence investigation: We work with accident reconstructionists, medical professionals, and industry specialists to establish exactly what happened and who bears responsibility.
• Full records review: Medical records, employment history, financial projections, and prior safety violations are analyzed to build a comprehensive picture of damages.
• Witness identification and interviews: Eyewitnesses, coworkers, and treating providers are interviewed early, before their accounts change or become unavailable.
• Damage documentation: Economic losses are calculated with financial specialists. Non-economic losses are documented through testimony, records, and thorough case preparation.
• Trial-ready preparation: Every case is built as though it will go before a jury. That posture changes how opposing counsel and insurers respond from day one.

Founding partner Tom Metier is board-certified in truck accident law and civil trial law by the National Board of Trial Advocacy. Managing partner Mike Chaloupka holds a Class A Commercial Driver's License and applies that knowledge directly in trucking cases. These credentials are used for every family we represent.

Frequently Asked Questions About Wrongful Death in Colorado Springs

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim is filed by surviving family members, while a survival action is filed by the deceased's estate. Wrongful death compensates survivors for their own losses, including lost financial support, companionship, and grief. A survival action pursues the damages the deceased would have been entitled to recover had they lived, such as medical expenses and pre-death pain and suffering. In some cases, both actions may be filed arising from the same incident. An attorney can evaluate which claims apply to your specific circumstances.

Do I need to prove negligence to file a wrongful death claim in Colorado?

In most wrongful death cases, yes. You must show that the defendant's negligence or wrongful conduct directly caused the death. This requires establishing a duty of care, a breach of that duty, and causation. In cases involving intentional acts, strict product liability, or certain statutory violations, the standard may differ. Our attorneys evaluate the correct theory of liability for every case from the first consultation, so families understand exactly what must be proven before moving forward.

How much does it cost to hire a Colorado Springs wrongful death lawyer?

Our firm handles wrongful death cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for your family. There are no upfront costs, no hourly fees, and nothing out of pocket while the case is pending. The fee is a percentage of the recovery, agreed upon in writing before we begin. Families facing one of the most difficult periods of their lives should never encounter a financial barrier to skilled legal representation.

Contact a Colorado Springs Wrongful Death Lawyer at Metier Law Firm Today

Your family has legal rights, and the time to act is now. Metier Law Firm is ready to stand with you. Call a Colorado Springs wrongful death lawyer at our firm today at (866) 377-3800. The consultation is free, and you pay nothing unless we win.