What to Do Immediately After Losing a Loved One in a Car Accident in Colorado

wrongful deaths due to car accidents in america

According to the National Highway Traffic Safety Administration, recent studies indicate that there are about 40,000 deaths per year because of motor vehicle traffic crashes. These numbers continue to fluctuate every year, but the loss of human life is devastating no matter how you look at it. Over the years, the NHTSA has encouraged citizens to take a more defensive and intentional approach to driving in order to decrease the number of deaths caused by motor vehicle accidents every year.

Wrongful Deaths in Colorado

According to the Colorado Department of Transportation, motor vehicles accidents are the leading cause of death in Colorado, and the number of deaths continue to increase. The biggest factor causing the deaths of those injured in car accidents in Colorado is speed. The Colorado Department of Transportation highlights the differences between the mortality rates for rural and the urban areas, but regardless of where the deaths occur, all of them are tragic.

Zinda Law Group Colorado injury attorneys have experience pursuing justice for the families of victims of motor vehicle accidents that have resulted in wrongful death. We will help you know which steps are most important to complete first in your attempt to recover from your loss, and then we will fight hard to ensure that you are compensated for your loss. We understand that the defendant in a wrongful death claim can fight back, perhaps leaving you without fair compensation, and that is why Zinda Law Group Colorado injury lawyers are here: to be your advocate.

Elements of a wrongful death lawsuit in Colorado

A wrongful death occurs when someone else’s negligence or carelessness causes someone to die. A wrongful death suit is a civil lawsuit; therefore, it is not tried as a criminal one; the purpose of a wrongful death lawsuit is to compensate the victim’s family members or spouse. The most common situations causing wrongful deaths are car accidents.

Who Can Bring a Wrongful Death Claim in Colorado?

There are only specific people in the victim’s family who can bring a wrongful death action in Colorado. Under Colorado Law, C.R.S., section 13-21-201, only the surviving spouse may file a wrongful death action within the first year after the death. After the first year has passed, other individuals may file a wrongful death claim as well; this includes children of the deceased.

The statute also explains what to do if the deceased person has no children, no designated beneficiary, and no spouse. These exceptions and statutes of limitation can be intimidating, especially for people who are grieving or otherwise unprepared to thoroughly research applicable laws. This is another reason why it is a good idea to contact a wrongful death attorney in Colorado if you have lost a loved one after a car accident.

Statute of Limitations on a CO Wrongful Death Claim

As was mentioned before, in Colorado, there is a statute of limitations on a wrongful death claim; one must be filed within two years of the date of the person’s death. Statutes of limitations can become quite confusing if the person looking to file the wrongful death claim has no legal background; therefore it would be a good idea to contact a wrongful death attorney or a fatal car crash attorney in Colorado who has handled many similar cases before.

Proving Liability for a Colorado Car Accident Resulting in the Loss of a Life

After the wrongful death action has been filed by a Colorado wrongful death attorney, the attorney will need to establish the liability of the defendant for the death of your loved one. The attorney needs to establish that the defendant was acting recklessly or negligently while using the motor vehicle involved in the crash.

Recoverable Damages from a Wrongful Death Lawsuit

Regarding damages, there are many ways to receive them. The main questions to be answered by your claim are the following:

What were the victim’s physical injuries and did they suffer before they died?

What mental injuries, if any, have the victim’s family suffered?

Were there monetary damages as well?

In wrongful death cases, the defendant or his insurance company pays the injured party after both parties have come to an agreement. Under Colorado Law, damages are divided into two categories: economic and noneconomic damages. The difference between these two categories depends on the deceased person in the car accident.

Economic damages are damages that are associated with the death of the person in the car accident, the financial loss. Examples of recoverable economic damages include:

• salary the deceased person would have earned if they have continued to work
• funeral or burial expenses of the deceased person
• life insurance or any benefits that the deceased person has lost
• any medical bills that the deceased person had before they passed

The second category of damages is noneconomic damages; since there is no exact number attached to or inherent in noneconomic damages, these are harder to quantify. It is hard to quantify someone’s life when they have passed in a motor vehicle accident, but these damages are given in order to compensate the pain and suffering, loss, and grief that the deceased family members feel. Under Colorado Law, noneconomic damages include the following:

• pain and suffering
• grief
• emotional and mental distress
• loss of consortium or companionship

Under Colorado Law, Colorado places a limit on damages, meaning there is a specific cap when it comes to damages and how much a plaintiff can be awarded in a wrongful death case. There is no cap on economic damages, but Section 13-21-203 – Limitation on Damages limits noneconomic damages in most wrongful death suits to a little over $500,000, an amount that is adjusted periodically according to the inflation rate. If the wrongful death involves first or second-degree murder, there is no cap on noneconomic damages.

contact a lawyer who handles wrongful deaths in a motor vehicle accident

After the loss of loved one in a motor vehicle crash, opposing parties and insurance companies sometimes take advantage of grieving victims. It is probable that a defendant could have a team of attorneys working in their favor, and they will act quickly and aggressively to try and avoid liability. If you have lost a loved one after a car accident, the best way to make sure you are treated fairly and receive the maximum compensation due to you is to hire an experienced ; Zinda Law Group car wreck attorneys believe we have the knowledge and resources to help you.

Zinda Law Group also believes that a family who is suffering the loss of loved one to a car accident should never have to worry about their ability to afford excellent legal representation. That is why we offer 100% free case evaluations, and why you will pay nothing unless we achieve a favorable settlement, judgement, or verdict for your personal injury case; it’s our No Win, No Fee Guarantee. Contact us at (800) 863-5312 today to schedule a free consultation and learn how we can help if you lost a loved one who was involved in a Colorado car accident.

Meetings with attorneys are available by appointment only.