Wrongful death lawsuit legal books | Burg Simpson

Filing a Wrongful Death Lawsuit for a Truck Accident

September 30, 2025 | 5 min read

Every fatal truck accident lawyer at our firm knows that there are few things as difficult as the unexpected passing of a loved one, especially when the accident that caused it was avoidable.

Unfortunately, for surviving family members, the difficulty does not end with emotional hardship. Oftentimes, there are significant expenses associated with the accident, from medical bills and funeral expenses to lost income.

At Burg Simpson, we are committed to helping families achieve the justice they deserve by holding truck drivers, trucking companies, and other parties responsible when their negligence leads to fatal accidents.

Recovering the compensation you deserve calls for quick action. Wrongful death claims in Colorado are time-sensitive, meaning the sooner we can begin investigating your claim, the better.

To get started with your FREE and confidential case evaluation with a fatal truck accident lawyer at Burg Simpson, call us today at 303-792-5595. Our wrongful death and truck crash lawyers proudly represent clients in Denver, Englewood, and throughout Colorado.

Who Can File a Wrongful Death Lawsuit in Colorado?

The first step in pursuing compensation in a Colorado wrongful death claim is ensuring you are eligible to file a claim. Per Colorado law (C.R.S. § 13-21-201), this depends on the surviving family and the time that has elapsed since the death occurred.

First year after the accident: The surviving spouse has the right to file a claim or designate an heir to file a claim.
Second year after the accident: An heir or heirs are eligible to file a claim.

If there is no spouse or children, the deceased’s parents can file a claim. Estate representatives may also be eligible to file a survival action for certain damages.

In complex familial situations, it can be difficult to determine who has the right to file a claim and pursue or recover compensation. This is one of the many reasons that working with an attorney early in the process can be so beneficial.

Why Are Fatal Truck Accidents So Legally Complex?

Truck crash claims, even those without a fatality, tend to be more complex than other accident claims for several reasons.

For one, commercial trucks are incredibly heavy, especially when fully loaded. They can inflict far greater damage than a smaller motor vehicle. With greater damage comes greater costs, devastating injuries, and more complicated medical and legal issues.

Unfortunately, some motor carriers and their insurers are more concerned with their financial interests than with the destruction their negligence has caused. They may challenge fault, minimize losses, or attempt to control key evidence, which can add to the complexity and stress of the process.

Some of the other factors that increase the complexity of truck wreck claims include:

Multiple parties may share liability, including the truck driver, the trucking company, parts manufacturers, loading companies, maintenance companies, and more.
Federal and state trucking regulations (e.g., FMCSA rules) create an additional legal component that must be factored into the case.
Evidence is complex and time-sensitive, including black box data, inspection reports, driver logs, etc.
Insurance companies fight claims hard, doing everything they can to mitigate the value of the claim and shift liability onto other parties.

Do not let the legal process stop you from seeking the compensation and answers your family needs. An experienced wrongful death attorney for truck accidents can guide you through each step with care, preserving critical evidence, working with qualified experts, and handling insurers and the court system on your behalf. When you are ready, compassionate counsel can shoulder the legal burden and pursue justice with respect for your loved one’s memory.

What Compensation Can Be Recovered in a Wrongful Death Case?

The harm your family has suffered is immeasurable. While you’re struggling with the emotional weight of your loss, you should not have to worry about finances, but it is often the case that mourning families do just that.

Fortunately, Colorado law (C.R.S. § 13-21-203) allows surviving family members to pursue compensation for both economic and non-economic damages:

Economic damages cover financial losses such as funeral expenses, the cost of burial or cremation, and loss of income or other financial support provided by the deceased.
Non-economic damages cover losses with no specific monetary value, including loss of companionship, emotional anguish, grief, and more.

In cases where the negligent party acted in a malicious or “willful and wanton” manner, surviving family members may also be awarded punitive damages (C.R.S. § 13-21-203) by the court to punish the defendant and serve as a deterrent.

How to File a Wrongful Death Lawsuit After a Fatal Truck Accident

The most important recommendation we have about filing a wrongful death lawsuit after a truck crash is to act quickly.

The trucking company and other potentially liable parties may already be starting their investigation and building their defense. The more quickly you and your fatal truck accident attorney can do the same, the better.

Generally speaking, the process for filing a lawsuit is relatively consistent, including:

Performing a thorough investigation
Gathering evidence and engaging with expert witnesses
Calculating compensation
Negotiating with the insurance company
Taking the case to trial if an appropriate settlement can’t be reached

How Can a Fatal Truck Accident Lawyer Help My Family?

Experienced truck accident wrongful death lawyers have skills that can greatly help families navigate claims.

Some of what they bring to the table:

Knowledge of local and federal laws and regulations, along with the ability to understand how they apply to your situation
Vast experience negotiating with insurance companies and reaching fair settlement agreements
The preparedness to file a lawsuit and take your claim to court if the insurance company refuses to negotiate in good faith
A complete understanding of relevant deadlines and procedures to ensure your case moves as smoothly and quickly as possible

Above all, a lawyer protects your rights. The other party’s insurance company will try to convince you to accept less money than you deserve, and they may attempt to undercut your claim with manipulative tactics like asking for access to your medical records.

A good lawyer will know how to avoid these tactics to ensure you are not taken advantage of while also making sure you are pursuing the maximum compensation you deserve for your damages.

Contact Burg Simpson for a FREE Case Evaluation

While financial concerns are very real and pressing for surviving family members, they often need one thing above all else: compassion. Compassion that sees and understands the full scope of your emotional and psychological pain without losing sight of the practical problems that linger.

At Burg Simpson, we are here for you. We combine local knowledge with national resources to provide the legal representation you deserve. Every step is guided by compassion and focused on doing what is best for you and your family.

To schedule your FREE case evaluation with our Denver fatal truck accident attorneys, call 303-792-5595 or contact us online today.