Colorado Springs Fatal Car Accident Lawyer

When a crash is fatal, Colorado’s Wrongful Death Act (C.R.S. 13-21-201 and following) allows certain surviving family members to bring a claim. The law sets an order of who may sue: in the first year after the death, generally the surviving spouse, though the law allows the spouse and children to proceed in certain circumstances; after the first year, the spouse, children, or designated beneficiary may file. If there is no spouse or child, the deceased person’s parents may have a claim.

A wrongful death claim generally must be filed within two years of the date of death (C.R.S. 13-80-102), which is shorter than the three-year deadline that applies to nonfatal car accident injuries. Colorado law extends the deadline to four years in cases where the at-fault driver committed vehicular homicide and left the scene. Because these timelines and the rules on who may file are strict, it is important to speak with a lawyer early.

A strong claim rests on evidence, and the best evidence disappears quickly. From the first call, we obtain the crash report, return to the scene, request traffic and business surveillance footage, preserve vehicle data, and track down witnesses before memories fade. In serious cases we work with accident reconstruction and medical experts to show exactly how the crash happened and how it has affected your life. We then present the insurance company with a documented demand and negotiate hard, and if the insurer will not be fair, we are ready to take your case to an El Paso County jury.

After a crash, the other driver’s insurer is not on your side. Its adjusters are trained to limit payouts, and they often move fast, calling within days to request a recorded statement, a broad medical release, or a quick settlement before the full extent of your injuries is known. Anything you say can be used to reduce your claim. Letting The Law Giant handle these conversations protects you from the common traps and keeps the focus on the real value of your case.

A wrongful death claim follows many of the same steps as an injury case, with added care for the family. We investigate the crash and establish who is responsible, document the family’s economic losses such as lost income and benefits, and present the claim to the at-fault driver’s insurer. Colorado law directs how any recovery is shared among the surviving family members, and we guide the family through those rules so the process is as clear and respectful as possible. If a fair settlement cannot be reached, we are prepared to take the case to trial.

In the aftermath of a fatal crash, the last thing a family should have to fight is an insurance company. The Law Giant takes on that burden. We handle the investigation, the paperwork, and every conversation with the insurer, and we move at a pace that respects what your family is going through. Our goal is to secure the financial support your family needs for the future while giving you the space to grieve.

We also understand that these cases are about accountability as much as money. Establishing exactly how and why the crash happened matters to families, and it is central to the claim. We build that record carefully, and we never charge a family a fee unless we recover compensation.

A wrongful death claim can seek:

• Funeral and burial expenses
• The deceased person’s medical bills before death
• Lost financial support and benefits the family would have received
• Loss of the deceased person’s companionship, guidance, and care
• Emotional grief and suffering of the surviving family

Colorado also allows survivors to choose a set "solatium" amount for grief in place of proving noneconomic losses. Colorado’s comparative negligence rule (C.R.S. 13-21-111) still applies, so the recovery can be reduced if the deceased shared fault, but only a driver 50 percent or more at fault is barred.

The Law Giant has recovered more than $850 million for injury victims, and we bring that experience and trial strength to every case. We work on contingency, so you pay nothing unless we win, and insurers make better offers when they know a firm is ready to go to trial.

This is one of the car accident cases we handle in Colorado Springs. For our full overview, visit our main Colorado Springs car accident lawyer page, or read about distracted driving crashes, drunk driving crashes, and head-on collision crashes.