Wrongful Death Lawyer In Colorado Springs

Losing someone you love is devastating enough on its own. Losing them because of someone else’s negligence, carelessness, or recklessness is something different. It leaves a specific kind of grief, one that is tangled up with anger, unanswered questions, and the weight of financial consequences you never planned for.

Colorado law gives your family a path to accountability. Jeremy Loew helps you walk it.

(719) 387-4111 | Free Consultation

When Wrongful Death Applies

A wrongful death claim arises when someone dies as a result of another party’s negligence or wrongful act. That definition covers more situations than most families realize.

Common wrongful death scenarios include:

• A distracted or impaired driver who causes a fatal collision
• A nursing home that fails to supervise a resident adequately
• A defective product, including children’s toys with parts that pose a choking hazard
• Medical malpractice resulting in a patient’s death
• Workplace accidents caused by unsafe conditions
• Criminal acts where death occurred even without intent to kill

That last category matters in Colorado Springs. When a death results from a criminal act, the perpetrator can face criminal prosecution and a civil wrongful death suit simultaneously. These cases are especially complex, and Jeremy Loew’s background as a former prosecuting attorney gives him a rare vantage point in navigating both tracks.

Colorado’s Wrongful Death Act: What Your Family Needs to Know

The Colorado Wrongful Death Act governs who can file, when, and for what.

Who Can File and When

Colorado imposes a strict two-year statute of limitations on wrongful death claims, and the filing rights are structured by year:

If there is no surviving spouse and no children, parents may have standing. The window matters. Missing it forecloses your family’s options permanently.

Economic Damages: No Cap

Colorado does not cap economic damages in wrongful death cases. These are calculated by projecting the deceased’s future earning capacity, adjusted for inflation, and can represent a substantial sum for working adults with dependents.

Noneconomic Damages: Capped, but Available

Grief, loss of companionship, and the emotional hardship of surviving family members are recognized under Colorado law as compensable noneconomic damages. These can change yearly, and are roughly based on inflationary conditions.

The general personal injury cap is now $1.5 million, while medical malpractice caps rise to $875,000 over five years, and wrongful death caps are raised to $2.125 million.

The Solatium Election: A Critical Strategic Decision

Colorado gives claimants an alternative to pursuing noneconomic damages: the solatium award. Under this option, a claimant only needs to prove liability for wrongful death, not the full weight of noneconomic harm.

The current solatium cap is approximately $135,990 (2024 – 2025) and cannot be reduced once accepted.

Whether the solatium election makes sense depends entirely on the facts of your case. In some circumstances it simplifies the path to recovery. In others, it leaves money on the table. This is a decision that requires experienced legal counsel.

Intersecting Statutes

Not every wrongful death case is governed solely by the Wrongful Death Act. When a death occurs in a medical context, the Health Care Availability Act applies and carries its own damage caps. When a death occurs at a ski facility, the Ski Safety Act intersects with the claim. Identifying which statutes govern your case, and how they interact, is not something to navigate without legal representation.

Trial vs. Settlement: Knowing Which Leverage to Use

Your family has two options for resolution: take the case to trial or settle out of court.

Trial carries risk and takes time. It also allows a jury to hear your family’s story, and juries in Colorado Springs respond to loss presented honestly and specifically. Settlement provides certainty and speed, but defendants and their insurers negotiate to minimize what they pay.

Jeremy Loew has taken cases to trial on charges carrying potential life sentences. He knows the difference between a settlement offer that reflects actual liability and one designed to close a case before the defendant’s exposure is fully understood. He will tell you which one you’re looking at.

The Prosecutorial Advantage in Wrongful Death Cases

Most personal injury attorneys litigate exclusively from the plaintiff’s side. Jeremy Loew spent years as a prosecutor before building his defense and civil practice in Colorado Springs. He understands how the other side structures its case, what evidence it considers most damaging, and where its arguments are most vulnerable.

In wrongful death cases that intersect with criminal conduct, including fatal DUIs, assaults resulting in death, or deaths tied to criminal negligence, that background is not just a differentiator. It is a direct tactical asset.

Based in Colorado Springs. Serving El Paso County.

Law Office of Jeremy Loew
306 E. Cucharras St., Suite 100
Colorado Springs, CO 80903

(719) 387-4111
Free Consultation

If your family is navigating a wrongful death situation in Colorado Springs or El Paso County, the time to act is now. Filing windows are fixed by statute. Evidence degrades. Call Jeremy Loew’s office for a free case review.