Can You Sue for Wrongful Death After a Car Accident in Colorado?

Car accidents can be devastating, especially when they result in the loss of a loved one. When a fatal car accident occurs due to another person’s negligence, Colorado law allows the surviving family members to pursue justice through a wrongful death claim. If you’ve lost a family member in a car accident, understanding your legal rights and the steps involved in filing a wrongful death lawsuit can help your family find closure and secure the compensation you deserve.

What Is Wrongful Death Under Colorado Law?

In Colorado, wrongful death is defined as a death caused by the negligence, recklessness, or intentional actions of another person. In the case of a car accident, if the other driver’s negligent or reckless behavior caused the crash, the surviving family members of the deceased may have grounds to file a wrongful death lawsuit. Examples of negligent behavior in car accidents can include distracted driving, speeding, driving under the influence, or failing to obey traffic laws.

A wrongful death claim is intended to hold the responsible party accountable for their actions and provide compensation to the surviving family for the financial and emotional losses they have suffered due to their loved one’s death.

Who Can File a Wrongful Death Claim After a Car Accident in Colorado?

In Colorado, only certain individuals have the legal right to file a wrongful death claim. The state’s laws outline a specific order in which family members can bring forward a wrongful death lawsuit:

• First year after the death: During the first year following the death, only the deceased person’s spouse has the right to file a wrongful death claim. If there is no spouse, the deceased’s children may file the claim. If neither a spouse nor children exist, the deceased person’s parents may bring the lawsuit.
• Second year after the death: In the second year following the death, both the spouse and children (or parents, if there are no spouse or children) can file a wrongful death claim. The court will allow either party to pursue the case at this time.

It’s important to note that Colorado’s statute of limitations for wrongful death claims is two years from the date of the person’s death. This means that the lawsuit must be filed within that time frame, or the right to pursue compensation may be lost. A wrongful death attorney can help ensure that all deadlines are met and that your family’s legal rights are protected.

Proving Negligence in a Wrongful Death Car Accident Case

To succeed in a wrongful death claim after a car accident, the family must prove that the other driver was negligent and that this negligence directly caused the fatal accident. Proving negligence involves demonstrating four key elements:

• Duty of care: The other driver had a legal responsibility to drive safely and follow traffic laws to avoid harming others on the road.
• Breach of duty: The other driver failed to uphold this duty of care by acting negligently or recklessly. This could involve actions such as speeding, texting while driving, or driving under the influence.
• Causation: The breach of duty directly caused the car accident, leading to the victim’s death.
• Damages: The family has suffered measurable damages, such as funeral expenses, medical bills, loss of income, and emotional suffering, as a result of their loved one’s death.

An experienced wrongful death attorney will work to gather evidence that supports your claim. This can include police reports, witness statements, accident reconstruction analysis, and any available traffic camera footage. Building a strong case is essential to proving the other driver’s liability and securing the compensation your family deserves.

What Compensation Can You Recover in a Wrongful Death Claim?

When a family loses a loved one in a fatal car accident, the financial and emotional impact can be overwhelming. Colorado law allows surviving family members to pursue compensation for a variety of damages, including:

• Medical expenses: Any medical bills incurred before the victim’s death, such as emergency treatment or hospital care, can be recovered through a wrongful death claim.
• Funeral and burial costs: Families can seek compensation for funeral and burial expenses as part of the claim.
• Loss of income: If the deceased was a primary earner, the family may be entitled to compensation for the loss of future income and financial support they would have provided.
• Loss of companionship: The emotional toll of losing a loved one can be devastating. Surviving family members can seek compensation for the loss of companionship, love, and emotional support.
• Pain and suffering: The family may also recover damages for the emotional pain and suffering they have experienced as a result of their loved one’s death.

In certain cases, if the defendant’s actions were particularly reckless or intentional, the court may award punitive damages. These damages are designed to punish the wrongdoer and deter similar behavior in the future.

How Can a Wrongful Death Lawyer Help After a Car Accident?

Losing a loved one in a car accident is an unimaginable tragedy. Dealing with the legal complexities of a wrongful death claim can add additional stress to an already difficult time. A wrongful death lawyer can help guide you through the legal process and ensure that your family’s rights are protected every step of the way.

An experienced wrongful death attorney will handle the following aspects of your case:

• Investigating the accident: A lawyer will conduct a thorough investigation to gather evidence, interview witnesses, and reconstruct the accident scene if necessary to build a strong case.
• Filing the lawsuit: The attorney will handle all the necessary paperwork, ensuring that the lawsuit is filed within Colorado’s statute of limitations and in accordance with state laws.
• Negotiating with insurance companies: Insurance companies often attempt to minimize their payouts. A skilled wrongful death lawyer will negotiate on your behalf to ensure that you receive fair compensation for your loss.
• Representing you in court: If a settlement cannot be reached, your attorney will be prepared to take the case to court and advocate for your family in front of a judge or jury.

By working with a wrongful death attorney, you can focus on grieving and healing while knowing that an experienced legal professional is fighting for justice on your behalf.

Call Larson Law Firm Today

If you’ve lost a loved one in a car accident caused by someone else’s negligence, you have the right to seek justice and compensation through a wrongful death lawsuit. The legal process can be complex, but with the help of an experienced wrongful death lawyer, your family can hold the responsible party accountable and recover the financial and emotional support you need to move forward.

If you’re considering filing a wrongful death claim after a car accident, it’s important to act quickly to protect your rights. Contact a skilled wrongful death attorney at Larson Law Firm today to discuss your case. We are here to help you through every step of the process and ensure that your family receives the justice and compensation you deserve.