Steamboat Springs Wrongful Death Attorney

The Brown Law Firm can help you and your family through one of the toughest things you’ll ever face in Steamboat Springs—losing a loved one in an accident. A wrongful death claim can’t bring them back, but it can give you all practical help so you can move forward. Set up a free consultation with our team to talk through your family’s options.

When a Lawyer Makes Sense For a Wrongful Death Claim

Losing someone you love unexpectedly changes everything overnight. And when that loss happens because of someone else’s carelessness in an accident, it only adds to your family’s grief and stress. That’s why there’s a wrongful death claims process, but even then, you don’t have to get a lawyer to file one.

Still, having someone there to guide the process and take some of the burden off you and your family can make an incredibly difficult time a little easier to get through. That’s exactly what our Steamboat Springs wrongful death team does by helping you:

• Figure out what happened and who might be legally responsible
• Gather evidence to support your claim
• Explain the legal process and what comes next
• Handle conversations with insurance companies
• Prepare your case for trial if a fair settlement isn’t offered
  
  

Your family has already been through enough. The legal process shouldn’t create even more stress while you’re grieving and just trying to get through the day-to-day. We take that on for you, and give you the space for what’s important: your family.

How a Wrongful Death Claim is Different in Steamboat Springs

Obviously, you never want to be in a situation where you lose your loved one in an accident. But as hard as it is to think about, they happen here virtually every day. And unfortunately, any accident can turn fatal under the right conditions. At that point, a wrongful death claim might not be far ahead for your family.

And as you might expect, it works a bit differently than a normal injury claim. First, only certain people can actually file it. Currently, Colorado law says that wrongful death claims can be filed by:

• Surviving spouses, surviving children, siblings, or heirs.
  
  

Colorado even goes a step further with wrongful death claims in terms of timing. Spouses have the exclusive right to file within the first year after the date of death. At the two-year mark, surviving children can file. And if there’s no surviving spouse or children, that brings in siblings and other heirs. They can file at the one-year mark.

This can obviously take time to sort out, but once it is and the claim is filed, the process starts to resemble a normal injury claim. That means a wrongful death claim can be filed through:

• An insurance claim outside of court if there’s a policy in effect.
• A wrongful death lawsuit in civil court.
  
  

This brings us to the second major difference with a wrongful death claim: damages. Obviously, they’re not built around the same damages that come from a normal injury claim. Instead, they’re meant to address what you’re family is left facing, like:

• Lost income and financial support
• Funeral and burial costs
• Final medical expenses
• Loss of companionship, guidance, and care
• The emotional toll on your family
• Future earnings and benefits your loved one would have provided
  
  

There’s one more important point worth knowing about these damages. Colorado puts a cap on the non-economic damages (loss of companionship, emotional toll, etc.) at $2.125 million. This cap doesn’t apply to “economic” damages like funeral and burial expenses or lost income or benefits, but it does lead to a natural question: who pays for your family’s damages?

Who Pays for Damages in a Wrongful Death Claim?

Every wrongful death claim comes down to one central question: who caused the fatal accident? That obviously depends on what happened, but generally, it falls on whoever was negligent. In most fatal accidents, that brings in:

• Drivers who caused the fatal accident
• Transportation companies if the driver was on the clock
• Employers responsible for fatal workplace accidents
• Property owners that didn’t fix dangerous conditions
• Doctors, hospitals, or other healthcare providers if there’s medical malpractice
• Companies that made or sold dangerous products
• Government agencies responsible for unsafe roads or public property
  
  

Every wrongful death case comes down to the facts. Figuring out how the fatal accident happened is a hard thing to face, but it’s a necessary step in the process.

Information That Helps a Wrongful Death Claim

The absolute last thing on your mind after you get the phone call that your loved one has died in an accident is evidence. Instead, you’re simply trying to process everything. That’s understandable and where your focus should be. But part of a wrongful death claim is getting answers about what happened, and that often comes through information like:

• Official accident reports explaining how the accident happened.
• Medical records that show your loved one’s injuries and treatment prior to their death.
• Death certificates and other records that confirm the cause of death and other important details about what happened.
• Statements from anyone who saw the accident.
• Pictures and videos that help show how the accident happened or what the scene looked like after.
• Evidence of previous safety problems that may show the accident could have been avoided.
  
  

Obviously, you’re probably only going to have some of these things right now. That’s okay. Even partial information is usually enough to get the process started, and our team can fill in the gaps later. Our ultimate goal is to make sure that you and your family have the guidance and support you need to start moving forward.

Frequently Asked Questions

Will a wrongful death claim mean going to court?

Not necessarily. Many wrongful death claims are resolved through insurance negotiations without ever going to trial.

What if my loved one was partly responsible for the accident?

Colorado follows modified comparative negligence rules. Depending on the circumstances, your family may still be able to recover compensation if your loved one was less than 50% responsible for what happened.

How long does a wrongful death case usually take?

Every case is different. Some claims settle within a few months, while more complex cases involving disputed liability or significant damages may take longer.

Our Steamboat Springs Wrongful Death Lawyers Are Here to Help

A wrongful death claim is something no family in Steamboat Springs wants to go through. Unfortunately, any accident that happens here can end up being fatal. When it does happen, it brings questions and responsibilities that you’re not prepared for.

But you all don’t have to face it alone. At The Brown Law Firm, our wrongful death team will be there to help. When you’re ready, set up a free consultation to get started.