Skip To Content

Wrongful Death

We are experienced attorneys serving wrongful death victims in Fort Collins and Northern Colorado and we produce the results to back it up.

Learn More

About Us We are a collaborative team with the ability to deliver for you.

All of our lead attorneys have extensive litigation experience against insurance companies. Our attorneys have secured multi million-dollar judgments and settlements. Many of our attorneys previously worked defending insurance companies. Now we use their experience and insight to advocate for our clients against those same insurance companies.

Learn More About Us

FAQs

We know how confusing it can be after an accident. Who will pay for your medical treatment? Should you talk with the insurance company? Here’s some common questions and answers as a starting point.

More Questions?
  • This is one of the most frequently asked questions. It can be answered, but the answer depends on the specific facts of your case. In meeting with many people over many years, we’ve often heard people say that they’ve read that their case is worth some multiple of the amount of their medical bills. They ask things like, “Should pain and suffering be three times (3x) the total medical bills?” or “What is the non-economic to economic damages ratio?”

    But determining the amount you are owed actually has nothing to do with any kind of multiplier or factor. The amount of your pain and suffering and changed quality of life are completely independent from the amount of your medical bills. Consider these two cases as examples.

    In Case 1, a person is in a high-speed crash. The car rolls several times and looks like a crushed tin can. The driver is immediately taken to the hospital by ambulance. The driver is shaken up, has some sore spots and is understandably in shock. Because of the powerful forces in such a crash, the emergency room doctor orders a full set of CT scans or MRIs to make sure there are no serious internal injuries. Fortunately, the driver has escaped any serious or lasting injury. She feels better and doesn’t seek any follow-up care. She takes it easy for a few days and continues to feel better. Within a week, she’s pain free and back to normal. We’ve seen folks in this scenario many times. Her medical bills are relatively high because expensive scans and emergency room care were provided. She also has a non-economic damages claim for pain and suffering, but how great is that compared to her relatively expensive medical bills? Her pain and suffering damages may be less than her total medical bills.

    In Case 2, a person suffers a severe, permanent injury that cannot be repaired, such as paralysis or traumatic amputation of a limb. He receives initial medical treatment, but the treatment is mainly to stabilize the condition. There are no long-term medical expenses because the injury cannot be healed. He must live with the permanent impairment for the rest of his life. He struggles to care for himself day-to-day. He cannot do the hobbies and other activities he enjoyed for recreation. His medical bills are relatively low compared to the severity of the injury. But his damages for permanent impairment, disfigurement, permanently changed quality of life and pain and suffering are immense. They will be many, many times greater than his total medical bills.

    An accurate determination of what your case is worth requires knowing the details of how your life was affected, the severity and duration of your pain, your long-term prognosis and medical needs, and whether you have any permanent impairment. The truth is, no one knows exactly what your case is worth unless you go through a trial and a jury decides it for you. But by applying our experience to the specific facts of your case, we can provide you with the likely range of outcomes.

  • Clients are often hesitant to submit medical expenses under their Med-Pay policy. Some fear that if they submit the medical bills then the insurance company will increase their rates or decline to renew their insurance policy. Thankfully, the Colorado Division of Insurance forbids insurance companies from penalizing injured people who use Med-Pay. This includes raising their insurance rates or refusing to renew a policy because an injured person submitted medical bills to Med-Pay.

  • Injured clients often wonder how they will pay lawyers to recover funds they owed after an accident. Injury cases are costly and time-consuming. Almost no one can afford to pay lawyers while they are struggling to pay medical bills and missing work because of an injury. Cases often take months, or sometimes years, to resolve. Because of this, we offer contingent fee agreements for personal injury cases.

    A contingent fee agreement means the lawyers are not paid until they recover funds for the client. If the lawyers fail to recover funds, the client does not owe them any legal fees. Contingent fee agreements state that the client will receive a specific portion of the recovery and the lawyer’s fees will be paid by a portion of the recovery. For example, two-thirds (2/3) to the client and one-third (1/3) to the attorney. However, the exact split varies from attorney to attorney, so it is important to read your fee agreement closely and discuss it with the attorney.

    A contingent fee agreement is very different from a “Time Based” fee agreement, which requires that the lawyers be paid for each minute they work, whether they win or lose. At HSD Law we offer contingent fee agreements for personal injury cases, and an attorney can discuss the details with you during your free consultation.

Overview Here’s everything you need to know.

Wrongful Death Claims

The death of a loved one as a result of the acts of another is a claim which the survivors of the deceased can pursue against the party who caused the accident.

Types of Claims

Several types of situations can give rise to a wrongful death claim, including the following:

  • Car Accidents
  • Truck Accidents
  • Motorcycle Accidents
  • Bicycle Accidents
  • Pedestrian Accidents
  • Medical Negligence
  • Nursing Home Negligence

Proving a Wrongful Death Case in Colorado

To prove a wrongful death case, the survivor must prove that, had the deceased survived, the deceased could have pursued damages in a personal injury case.  Additionally, the survivor must prove that the deceased did not bear a majority of fault for the injury.

In proving the wrongful death claim, the requirements to prove personal injury claims still apply.  In other words, the survivor must prove that the other party owed a duty of care to the deceased, that the duty was breached and that the breach ultimately caused the injury and death.

Who can recover and What can be recovered

In Colorado, the survivor of a loved one, including a surviving spouse or surviving parents or children, can maintain a legal action to recover compensation for the death of their loved one.  The claim is intended to compensate those who suffer direct losses as a result of the wrongful death of a loved one. The survivors can recover both economic damages and non-economic damages.  Economic damages can be recovered for any medical bills and funeral expenses, which were incurred as a result of the injury and death, as well as any financial benefits the survivor reasonably would have been expected to receive had the loved one survived.  This could include lost wages and lost financial benefits, such as health insurance or life insurance.  Non-economic damages are recoverable for loss of support, impairment of the quality of life, grief, loss of companionship and society, pain and suffering, and emotional stress. 

When determining the amount of financial benefits the survivor would have expected to receive, the following factors should be considered:

  • The age, health and life expectancy of both the deceased loved one and the survivor
  • The deceased’s industriousness and ability to earn money
  • The deceased’s willingness to assist the survivor
  • The kinship or legal relationship between the deceased and the survivor

Wrongful death actions are complicated and often disregarded by insurance companies.  Get in contact with HSD Law to discuss your claims.  We can help you tell the story of your loved one and get you the compensation you deserve.

970.294.3429