Can You File a Wrongful Death Claim for a Fatal Car Accident?

The death of a loved one is horrible no matter the circumstances. If your loved one died due to the wrongful actions of a careless driver, it is vital to understand your legal options. Attorneys at Burg Simpson can assist you with all aspects of a car accident wrongful death claim.

Losing a member of your family is devastating, especially when the loss is sudden and caused by someone else’s negligence. You and your loved ones need time to grieve. While you are grieving, our Denver wrongful death lawyers can file a claim and seek maximum compensation on your behalf.

Recent changes to Colorado law have increased the damages that may be available in a car accident wrongful death claim. Our firm can explain what the increased caps mean for your case, as well as explore all avenues for obtaining the compensation you and your family deserve.

Call Burg Simpson at 303-792-5595 today for a FREE and confidential case evaluation. We represent the victims of car accidents in Denver, Englewood, and throughout Colorado.

Fatal Car Accident Statistics in Colorado

Deaths from motor vehicle accidents have increased dramatically in recent years. CDOT recorded a total of 3,486 fatalities from 2020 to 2024. So far in 2025, 359 people have died in crashes.

Fatal wrecks leave a hole in the lives of those left behind. Every fatal crash means someone will never get to go home again. They may leave a spouse without their life partner, a child without a parent, parents without a child, or siblings without their beloved brother or sister.

Bottom line, these are much more than statistics. They are tragedies that are often avoidable. If you and your family are grieving the loss of a loved one in a crash, a car accident attorney can help you pursue justice and recompense for your losses.

What Happens If a Person Dies in a Car Accident?

In Colorado, any accident resulting in the death of one or more persons must be immediately reported to the police. Law enforcement will investigate the crash to determine the sequence of events and who was at fault.

Depending on the circumstances, a driver who causes a deadly collision may face both criminal charges and civil liability. The purpose of a criminal conviction is to punish the wrongdoer, while civil claims allow surviving family members to seek restitution.

Prosecutors want a conviction, and insurance companies want to limit payouts. Neither puts your family’s interests first. It is imperative to speak to a car accident lawyer well-versed in wrongful death claims. Qualified legal representation can make an enormous difference.

Damages in a Wrongful Death Lawsuit

If you lost a loved one in a fatal accident, you and your family may be entitled to compensation through a wrongful death claim. Recoverable damages include:

• Funeral and burial costs
• Loss of income, benefits, and other financial support
• The loss of household services provided by the deceased
• Family members’ emotional anguish and grief
• Loss of companionship and consortium
• Punitive damages (in extraordinary cases)

Additional compensation for certain economic damages may be recovered through a separate claim known as a survival action. The decedent’s estate may be entitled to medical expenses and loss of earnings prior to death.

No amount of money can truly make up for the loss of someone you love. However, compensation for wrongful death may help you overcome the financial burdens you face and provide you with funds for the future.

2025: Colorado Expands Damages Caps for Wrongful Death

Last year, the Colorado General Assembly passed HB 24-1472 and Gov. Jared Polis signed it into law. HB 24-1472 significantly increases the damages caps for several legal actions, including wrongful death.

For claims filed on or after January 1, 2025, the cap on non-economic damages for wrongful death is now $2,125,000. The families of those who die in car accidents can now pursue additional compensation for their emotional distress, pain and suffering, and grief, as well as the loss of their loved one’s companionship.

Can I Make a Car Accident Wrongful Death Claim?

There are four (4) principal elements you need to prove to recover compensation for wrongful death. In the event of a fatal car accident, these are:

1. The driver owed your loved one a duty of care. In other words, they had an obligation to take reasonable steps to avoid causing your loved one harm.
2. The defendant driver breached the duty of care through negligence or deliberate wrongdoing.
3. The defendant’s negligence caused the accident that led to your loved one’s death.
4. You and your family sustained compensable damages due to the death of your loved one.

Strong evidence is crucial for proving each of these elements. Car accident lawyers waste no time investigating the crash so they can prepare a strong claim on your behalf.

What If the Driver Who Caused the Crash Is Killed?

Some crashes may claim multiple lives, including that of the at-fault driver. Claims by the victims’ surviving family members are not barred simply because the person responsible was killed. Under Colorado Revised Statutes (C.R.S.) § 13-20-101, most legal claims survive the death of the defendant. 

If your loved one died in an accident where the at-fault driver was killed, you may still bring a wrongful death claim against the driver’s estate. A capable attorney can help you through these complex and emotionally charged situations.

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

Multiple surviving family members may have the right to file a car accident wrongful death claim in Colorado. This generally includes spouses, children, and parents. As of January 1, 2025, siblings can make wrongful death claims if the deceased had no spouse, heirs, parents, or designated beneficiary. Finally, a designated beneficiary named by the deceased may also sue for wrongful death.

In the first year after a fatal accident, the surviving spouse generally has the exclusive right to bring a wrongful death claim (see C.R.S. § 13-21-201). Heirs, parents, siblings, and designated beneficiaries may initiate legal action in the second year, or earlier if the decedent was unmarried.

The rules for making a wrongful death claim can be difficult to understand, particularly for those who are struggling with grief and trying to rebuild their lives after a sudden loss. Knowledgeable car accident lawyers can advise you of your eligibility to take legal action.

Read More: Who Can Sue for Wrongful Death in Colorado?

How Long Do I Have to Sue for a Fatal Car Accident?

The statute of limitations in Colorado for personal injury claims arising from motor vehicle accidents is 3 years. However, all wrongful death claims are subject to a 2-year time limit. If you are not sure how long you have to take legal action, you should contact a local car accident lawyer right away. You do not want to lose the opportunity to seek fair compensation for your family and justice for your loved one.

What Are the Odds of Winning a Wrongful Death Lawsuit?

Every case is different. A skilled wrongful death attorney can provide you with an honest assessment of the merits of your case, as well as the likelihood of a favorable outcome. Factors that may improve the chances of winning include:

• Compelling evidence: If the evidence shows a strong connection between the defendant’s negligence and the accident that led to your loved one’s death, you are more likely to obtain a settlement or prevail at trial.
• Documentation of losses: Any and all damages must be clearly documented for a wrongful death claim to succeed. This includes medical and funeral expenses, as well as intangible losses such as grief, emotional anguish, etc.
• Legal representation: No lawyer can promise a positive result. But hiring a firm with a history of winning is a step in the right direction.
• Comparative negligence: If the decedent was partially at fault for the accident, the damages that may be awarded to surviving family members are reduced. Allegations of comparative negligence can also make it more difficult to win a wrongful death case at trial.

In Colorado, most wrongful death claims are settled before they go to trial. This means that the defendant agrees to pay compensation to the family without further legal proceedings. If the lawsuit proceeds to trial, the court decides whether to award compensation to the plaintiff.

Neither a fair settlement nor a favorable trial award is guaranteed. Lawyers with experience negotiating settlements and taking car accident wrongful death claims to trial are more likely to get you and your family the full compensation you deserve.

Read More: Is It Hard to Win a Wrongful Death Lawsuit?

How Do Wrongful Death Claims Work in Colorado?

Wrongful death claims are civil actions. This means they are handled separately from any criminal charges the driver may face for causing the fatal accident. The driver does not need to be convicted of a crime for your case to succeed, although a criminal conviction may bolster the likelihood of success.

Your lawsuit needs to be filed with the appropriate court, likely the District Court for the county where the accident took place. Experienced car accident attorneys should be very familiar with the local courts, whether it is the 1st Judicial District (Jefferson County and Gilpin County), 2nd Judicial District (Denver County), 18th Judicial District (Arapahoe County), etc.

If your car accident wrongful death claim goes to trial, you will need to prove to the court that the defendant’s negligence cost your loved one their life. Your lawyer can introduce evidence and call witnesses to establish your right to a financial award.

Contact Our Car Accident Wrongful Death Attorneys Today

Burg Simpson combines local clout and national strength to represent clients who have been seriously injured and families who have lost loved ones in terrible accidents. We have the experience, skill, and resources of a large law firm while providing legal services with a compassionate and personalized touch.

Was your loved one killed in a car accident caused by another driver’s negligence? Attorneys at Burg Simpson can prepare a wrongful death claim on your behalf. Our goal is to obtain compensation that fairly compensates you and your family for your losses, as well as honor your loved one’s memory.

Call 303-792-5595 or contact us online to discuss your car accident wrongful death claim for FREE. Our attorneys serve clients throughout the Denver metro and other areas of Colorado.