Colorado Springs’ rapid growth along the I-25 corridor and Powers Boulevard has brought increased traffic fatalities, workplace accidents at construction sites near the Air Force Academy, and medical errors at local hospitals. If your loved one died near the Cimarron Street interchange or while receiving care at a Colorado Springs medical facility, you’re facing not only devastating grief but also complex legal challenges involving El Paso County probate procedures and Colorado’s strict wrongful death statutes.
Get a Free Wrongful Death Case Review
When a loved one dies due to someone else’s negligence or intentional act, Colorado law provides a path to justice through a wrongful death claim. As part of our comprehensive legal services in Colorado Springs, Cheney Galluzzi & Howard represents families who have lost someone to preventable tragedy. Our Colorado Springs wrongful death lawyers understand that no settlement can replace your loved one, but holding the responsible party accountable can provide closure and financial stability during an impossibly difficult time.
Seeking Justice for a Family After a Tragic Colorado Springs Collision
Recently, we represented a family whose loved one was killed in a collision involving a commercial vehicle on Academy Boulevard near the intersection with Platte Avenue. The case required coordination with the Colorado Springs Police Department’s Major Crash Team, analysis of traffic camera footage from the City of Colorado Springs, and navigation of both the wrongful death statute and the Colorado Wrongful Death Act’s specific requirements for distribution of proceeds among surviving family members.
Who Can File? Navigating Colorado’s Wrongful Death Laws
Colorado Springs wrongful death claims are governed by C.R.S. § 13-21-201 et seq., which strictly defines who may file and when. During the first year following the death, only the deceased’s spouse or children (if no spouse exists) may bring the claim. After one year, the deceased’s parents or personal representative may file. Additionally, all wrongful death cases filed in El Paso County must comply with the El Paso County Combined Courts’ local rules, including specific filing procedures at the El Paso County Judicial Building on Tejon Street. We also navigate Colorado’s modified comparative fault rule (C.R.S. § 13-21-111), which can reduce recovery if the deceased bore partial responsibility—critical in cases involving intersections like Woodmen Road and I-25, where fault is often disputed.
How We Handle Your Colorado Springs Wrongful Death Claim
Step 1: Immediate Investigation and Evidence Preservation
We launch an investigation within 24–48 hours, requesting police reports from the Colorado Springs Police Department, accident reconstruction data, surveillance footage from the Colorado Department of Transportation (CDOT), and medical records from facilities like UCHealth Memorial Hospital Central or Penrose Hospital. Time is critical—evidence can disappear quickly.
Step 2: Filing with the El Paso County Courts
We prepare and file your wrongful death complaint with the El Paso County Combined Courts (4th Judicial District), ensuring compliance with Colorado’s statute of limitations (typically two years from the date of death, per C.R.S. § 13-80-102) and the procedural requirements unique to El Paso County’s docket management.
Step 3: Negotiation and Trial at the El Paso County Judicial Building
Most wrongful death claims settle before trial, but we prepare every case as if it will go before a jury. If necessary, we litigate at the El Paso County Courthouse on Tejon Street, presenting expert testimony, economic loss projections, and compelling evidence of your family’s suffering to secure maximum compensation.
Wrongful deaths often arise from the same types of incidents that cause catastrophic injuries. If your loved one was killed in a traffic collision, you may also need guidance on related claims:
- Involved a motor vehicle collision? See our Colorado Springs Car Accident Lawyer services for cases involving negligent drivers on Academy Boulevard or I-25.
- Was a cyclist struck and killed? Our Colorado Springs Bicycle Accident Lawyer team handles wrongful death claims involving vulnerable road users on the city’s trails and streets.
Did the death occur due to medical negligence? Explore our Colorado Springs Medical Malpractice Lawyer page if your loved one died due to surgical errors, misdiagnosis, or hospital negligence.
Why Cheney Galluzzi & Howard for Your Colorado Springs Wrongful Death Case?
Losing a loved one is devastating. Navigating Colorado’s wrongful death statutes, El Paso County court procedures, and insurance company tactics should not add to your burden. Our firm has spent years representing Colorado Springs families in wrongful death claims arising from car accidents, truck collisions, medical malpractice, workplace incidents, and acts of violence.
We work on a contingency fee basis—you pay nothing unless we recover compensation for your family. From the initial investigation to filing with the El Paso County Combined Courts to trial if necessary, we handle every aspect of your case with compassion, tenacity, and deep local knowledge.
Contact Cheney Galluzzi & Howard today to schedule your free consultation with a Colorado Springs wrongful death lawyer. Let us fight for justice on behalf of your family.
Frequently Asked Questions
Who can file a wrongful death claim in Colorado Springs?
Under Colorado law, only the deceased’s spouse has priority to file during the first year. If there is no spouse, the children may file. After one year, parents or the estate’s personal representative may bring the claim. Our firm helps determine eligibility and ensures the right party files within El Paso County’s procedural requirements.
What damages can I recover in a Colorado Springs wrongful death case?
You can recover economic damages (funeral costs, lost financial support, medical bills before death) and non-economic damages (pain and suffering the deceased experienced, loss of companionship). Colorado caps non-economic damages, but our team works to maximize your recovery within these limits. In cases involving gross negligence—such as DUI accidents on I-25—punitive damages may also be available.
How long do I have to file a wrongful death lawsuit in Colorado Springs?
Colorado’s statute of limitations is generally two years from the date of death. However, exceptions exist (such as cases involving government entities, which require notice within 180 days). Missing this deadline can forfeit your family’s right to compensation, so it’s critical to consult a Colorado Springs wrongful death lawyer immediately.