Understanding Colorado Car Accident Wrongful Death Claims (2024)

Dealing with the aftermath of a bad car accident can be overwhelming and frustrating, particularly if the accident resulted in the unexpected death of a loved one. If someone else was at fault for that car accident, you may be able to pursue a wrongful death claim against the party responsible for it. Pursuing a wrongful death claim is not an easy task, and an experienced lawyer can help you. However, understanding Colorado car accident wrongful death claims can also help.

Proving Negligence in a Car Accident Case

The most difficult part of a wrongful death claim is often proving negligence. It can be hard to prove that a car accident was someone’s fault, but it is something you must do if you hope to hold the right people accountable for what happened to your loved one. Here are some of the possible ways to prove negligence in a car accident case:

• Police Reports: In the event of a serious car accident, the police will be called. Upon investigating the incident, the police will fill out and file a police report for the case. This report will contain important details about the accident that could prove valuable to your case, such as witness statements and contact details for relevant parties.
• Physical Evidence: One of the most important parts of your case will be physical evidence. The more physical evidence you have that supports your claim, the easier it may be to pursue a wrongful death claim and get the compensation you seek. Physical evidence can include photos of the scene, damage reports, and medical records.

Colorado Car Accident Wrongful Death Claims

Wrongful death claims in Colorado usually have a statute of limitations of two years. However, if the wrongful death occurred as a result of vehicular homicide or a hit and run, you will have four years to file the claim. That means you will have four years from the initial date of the wrongful death to start building a case, gather evidence that supports it, speak with a lawyer, and file a claim. If you fail to file within four years, your case may be thrown out.

Certain surviving family members have the legal right to pursue a wrongful death claim in the event that someone else’s negligent behavior directly led to the death of their loved one, including car accidents. In the first year of the victim’s death, only the victim’s surviving spouse can pursue a wrongful death claim unless the spouse decides in writing that the victim’s children can join the claim or file one on their own. If they were unmarried, the children can make a claim first.

In the second year of the victim’s death, the victim’s spouse, children, or designated beneficiaries may all be able to make a wrongful death claim. In the event that the victim had no spouse, no children, or no designated beneficiary, the victim’s parents may be allowed to file a wrongful death claim.

You can attempt to recoup two primary kinds of damages in a wrongful death claim: non-economic and economic. Economic damages include lost benefits like life insurance, lost wages, and funeral expenses. Non-economic damages include pain and suffering, loss of consortium, and emotional distress. While there is a significant cap on non-economic damages, there is no cap on how much you can pursue in economic damages. However, the value should align with your total financial expenses.

FAQs

What Is the Statute of Limitations for a Wrongful Death Car Accident Claim in Colorado?

Generally, the statute of limitations for wrongful death in Colorado is two years. However, if the wrongful death was the result of a car accident, you may have up to four years to pursue a wrongful death claim and try to recoup damages on behalf of your loved one. If you are unable to file your claim within the four-year window, your case may be thrown out, and your opportunity to seek damages may pass by.

How Are Wrongful Death Settlements Calculated in Colorado?

Wrongful death settlements are calculated in Colorado by determining the total amount in both economic and non-economic damages that the person filing the claim is seeking on behalf of their loved one. Since each wrongful death case is unique and has its own particular defining circumstances, the total amount of each wrongful death settlement will be completely unique. Depending on the nature of your case, you may even be able to receive punitive damages.

What Is the Average Car Accident Settlement in Colorado?

There is no way to tell what the average car accident settlement is in Colorado. Every car accident case is different, with its own set of unique circumstances and details that will affect the total settlement amount. Two similar cases may result in different settlements, and it is important to keep this in mind. Factors that will affect your settlement amount include the severity of your injuries and your lawyer’s negotiation skills.

Do I Need a Lawyer for a Wrongful Death Case?

Yes, it is recommended that you retain the services of an experienced wrongful death lawyer when you are pursuing a wrongful death claim. While you are under no legal obligation to hire a lawyer for your case, refusing to do so could result in a total denial of your claim. After all, wrongful death claims can be emotional, confusing, and complex. Having someone on your side who understands how it all works is vital.

Reach Out to a Wrongful Death Lawyer Today

Facing a wrongful death claim can be emotionally devastating, especially if you are trying to handle everything on your own. A Denver wrongful death lawyer can provide you with much-needed peace of mind as you pursue justice for your deceased loved one. Holding the responsible party accountable could help you start to seek some semblance of closure, among other things.

The legal team at Cheney Galluzzi & Howard is here to provide you with quality legal assistance during this trying time. We can help you build up your case, assist you in gathering evidence, and ensure that you are not taken advantage of by insurance companies who may try to manipulate your grief. Contact us to speak with a team member for a consultation.