Fort Collins Wrongful Death Lawyer

Fort Collins Wrongful Death Lawyer: Seek Justice After a Loved One’s Death

When a tragedy strikes and someone you love dies unexpectedly because of someone else’s negligence, grief isn’t the only thing you’ll be dealing with. The legal system, medical bills, insurance companies—all of it can feel overwhelming. If you’re here, you might be wondering whether a fort collins wrongful death lawyer can help you seek justice and compensation. This article walks you through wrongful death, how a wrongful death claim works in Fort Collins and Colorado, what damages surviving family members may recover, and how to move forward. Also, Williams Caputo Injury Lawyers offer a free consultation so you’re not making decisions alone.

What Is a Wrongful Death Claim in Colorado?

Definition Under Colorado Law

A wrongful death occurs when someone dies because of another’s wrongful act, neglect, or default. Colorado law creates this right only by statute. If the person who dies would have had a claim for personal injury had they survived, those eligible family members can bring a wrongful death action.

Who Can File a Wrongful Death Suit

Only certain people may file a wrongful death lawsuit or wrongful death suit in Colorado:

• The surviving spouse always has primary claim rights.
• The heirs of the decedent (for example, children) may join under certain rules.
• A designated beneficiary may act if named.
• If there is no spouse, heir(s), or beneficiary, parents or in rare cases siblings may file.

Survival Actions vs Wrongful Death Actions

It helps to know the difference between a wrongful death action and a survival action. A survival action recovers what the person who died suffered before death—medical expenses, pain and suffering, property damage, etc. A wrongful death claim is for the damages suffered by the surviving family members—lost income, emotional distress, funeral costs, etc.

Common Causes of Wrongful Death Cases in Fort Collins

Car Accidents & Reckless Driving

A large share of wrongful death cases come from car accidents. Whether due to drunk driving, distracted driving, speeding, or failing to obey traffic signals, when someone dies in a crash caused by someone’s reckless or negligent behavior, a wrongful death claim may be possible.

Medical Errors & Healthcare Negligence

Medical malpractice cases are also frequent wrongful death scenarios: misdiagnosis, surgical mistakes, delays in treatment. If medical negligence causes a victim’s death, surviving family members may pursue compensation.

Felonious Killings & Other Incidents

Sometimes someone else’s intentional wrongdoing leads to a felonious killing. In those cases, wrongful death actions still apply even if there are also criminal charges. Other incidents (product defects, unsafe premises, workplace hazards) can result in wrongful death too.

What Damages Can Be Recovered?

Economic Damages

Economic damages (“money you can put a number on”) typically include:

• Medical bills incurred before death
• Funeral costs and burial expenses
• Lost income and benefits the deceased would have earned
• Property damage in some cases if applicable
• Benefits loss, services the loved one would have performed (childcare, household, mentorship)

Non‑Economic Damages

These are harder to quantify, but they matter:

• Emotional distress, grief, loss of consortium, loss of companionship and affection
• Pain and suffering endured by the victim before death
• Physical impairment before death if they suffered injuries before dying

Punitive Damages

When someone’s actions are especially wanton, reckless, or intentional, a court might award punitive damages to punish and deter. These are less common but possible under Colorado law when wrongful actions are severe.

Limits on Non‑Economic Damages

Colorado law caps non‑economic damages in wrongful death cases. Generally, there’s a limit (for example, for grief, emotional stress, etc.) unless the death was caused by a felonious killing.

Client Reviews

What our clients are saying about us

David Z.

3 months ago

These guys are consummate professionals. As a transactional attorney who frequently receives requests from clients and prospects for injury lawyers, I always trust Joe Caputo—he is my go-to referral and consistently delivers for his clients. And as effective as they are as counsel, Caputo and Williams are even better people. Compassionate and trustworthy… You want these two advocating on your behalf when it counts.

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How a Fort Collins Wrongful Death Lawyer Can Help

Gathering Evidence & Investigative Work

An experienced wrongful death attorney will collect proof: police reports, medical records, witness statements, accident or incident reports. They’ll examine the circumstances surrounding the wrongful death to build a strong case. These documents help prove responsibility of the responsible party and how wrongful actions led to the victim’s death.

Dealing with Insurance Company & Legal System

Insurance companies often try to minimize what they pay. A good lawyer handles negotiations to get fair compensation, handles insurance claims, and ensures legal representation throughout court if the case goes to trial. They explain the legal process so surviving family members know what to expect.

Working On Contingency Fee Basis

Many wrongful death cases are handled on a contingency fee basis. That means you usually pay nothing unless you recover compensation. This arrangement helps families who are dealing with financial relief concerns to access legal help without upfront expense.

“We get to represent people who oftentimes don’t have the ability to advocate for themselves against the ‘big bad wolf,’  and there isn’t a day that starts where I’m not looking forward to helping those people fight back.”

Joe Caputo

Founding Attorney

Statutes of Limitations and Time Deadlines

How Long Do You Have to File

Under Colorado law, a wrongful death claim must typically be filed within two years of the date the death occurred. If you miss the deadline, you might lose the right to seek compensation.

Why Time Matters

Evidence can fade, memories dim, and important documents (like medical records or police reports) may become harder to get. Acting promptly helps protect your rights and preserves a stronger case.

Specific Circumstances in Fort Collins Wrongful Death Cases

When Only the Surviving Spouse or Parent Files

Sometimes the surviving spouse is the only one who can file. Other times, surviving parent, or other heirs or designated beneficiaries have rights. Specific circumstances (who died, whether they left a spouse or children) affect who files and how damages are divided.

Felonious Killing and No Cap on Noneconomic Damages

If the wrongful death was caused by a felonious killing (murder, manslaughter), there’s no limitation on noneconomic loss or injury under Colorado law for those damages.

Steps to File a Wrongful Death Action in Fort Collins

1. Contact a fort collins wrongful death lawyer.
2. Meet for a free consultation to review your situation.
3. Gather the necessary evidence: medical records, police reports, funeral costs, lost income, etc.
4. The lawyer files the claim or lawsuit on your behalf.
5. Negotiate with the insurance company or proceed to trial if needed.
6. Aim to recover compensation awarded through settlement or court.

Why Choose Williams Caputo Injury Lawyers

• Their fort collins office knows local courts, rules, and judges.
• They’re experienced wrongful death attorneys who handle cases like yours—personal injury cases, wrongful death cases, survival actions.
• They work on a contingency fee basis so you don’t pay unless they recover damages.
• They offer a no obligation consultation and are committed to helping surviving family members and loved ones seek justice.
• Their track record in case results shows they aim for maximum compensation for both economic and non‑economic damages.

Moving Forward After a Wrongful Death

• Organize your documents: medical bills, police reports, funeral costs, records of lost income.
• Keep track of emotional distress—journals, counseling bills, etc. It helps with non‑economic damages.
• Make sure you understand your legal options, deadlines, what evidence is needed.
• Consider what compensation may be awarded: economic damages, non‑economic damages, sometimes punitive damages.

Seek Justice and Fair Compensation

A wrongful death turned your world upside down. You deserve legal representation that operates with compassion, clarity, and skill. A fort collins wrongful death lawyer helps you hold the responsible party accountable, go through the legal process, and recover compensation so that you can deal with medical expenses, funeral costs, emotional distress, and lost income.

You don’t have to navigate this alone. Contact Williams Caputo Injury Lawyers today for a free consultation. Their team of experienced wrongful death attorneys will listen to your story, evaluate your case, and guide you toward seeking compensation and justice for your loved one.

Client Reviews

What our clients are saying about us

David Z.

These guys are consummate professionals. As a transactional attorney who frequently receives requests from clients and prospects for injury lawyers, I always trust Joe Caputo—he is my go-to referral and consistently delivers for his clients. And as effective as they are as counsel, Caputo and Williams are even better people. Compassionate and trustworthy… You want these two advocating on your behalf when it counts.

Lyndsey P.

If you are looking for the best personal injury attorneys, Joe and Burgess are it. Their knowledge and experience with different types of cases mean they can help you and get you the best results from your case. I worked with them and saw day in and day out all they did to help their clients. While they are smart and know what they are doing, they are kind and good people who truly care. You are getting the best of the best when you hire Joe and Burgess.

Kate H.

Joe and Burgess are amazing attorneys. Their expertise, dedication to their clients, and commitment to excellence is second to none. They sincerely care about their clients and always put their clients wellbeing first and they are just overall great people to work with. You can’t go wrong with these skilled litigators in your corner.

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