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Why Choose Matlin Injury Law
Choosing legal representation is an important decision during a difficult time, and Matlin Injury Law combines local experience with truly personalized attention to support families when it matters most. Our practice is focused on motor vehicle accident cases, including those involving fatalities, which allows us to stay fully up to date on Colorado statutes and case law that directly affect your claim. You will have direct access to your legal team, with clear and consistent communication at every stage of the process, while our network of accident reconstruction experts and investigators works to build a strong evidentiary foundation for your case. Above all, we are committed to helping families regain financial stability, pursuing compensation that addresses both immediate expenses and the long-term loss of support your loved one provided.
Understanding Wrongful Death Claims After a Colorado Car Accident
In Colorado, a wrongful death occurs when a person dies due to the “wrongful act, neglect, or default” of another party. In a car accident, this typically means a driver was speeding, distracted, or impaired.
A wrongful death claim is a civil action. It is separate from any criminal charges the at-fault driver may face. While a criminal case focuses on punishment, a wrongful death lawsuit focuses on compensating survivors for their losses. These cases are unique because the person who suffered the injury cannot speak for themselves. Therefore, the law allows specific family members to hold the negligent party accountable.
Handling Colorado’s Wrongful Death Laws and Deadlines
Colorado has specific statutes that dictate who can file a claim and when. Understanding these rules is essential to preserving your right to seek compensation.
The Statute of Limitations
In Colorado, the statute of limitations for a wrongful death claim is generally two years. However, C.R.S. § 13-80-101(1)(n) provides a three-year limit for deaths arising from the use of a motor vehicle. If you do not file a lawsuit within this window, the court will likely dismiss the case. Standard car accident injury claims also have a three-year limit. Other types of wrongful death claims are strictly limited to two years.
Filing Eligibility: Year 1 vs. Year 2
Colorado law (C.R.S. § 13-21-201) establishes a hierarchy for who can file a lawsuit:
The First Year: The surviving spouse has the primary right to file. Heirs can file if the spouse provides written consent. If no spouse exists, heirs or designated beneficiaries can file.
The Second Year: Both the surviving spouse and the children may file. If there is no spouse or children, the surviving parents are eligible. As of 2025, siblings may file in very limited circumstances.
Impact of HB 24-1472 on Damage Caps
Recent legislative changes impacted how families receive compensation. House Bill 24-1472 increased the non-economic damage cap for wrongful death cases to $2,125,000 for deaths occurring on or after January 1, 2025. This increase provides families with a better opportunity to receive fair compensation for emotional suffering. Inflation adjustments will begin on January 1, 2028.
How We Evaluate and Build a Fatal Accident Case
Building a successful wrongful death case requires a thorough approach to evidence. At Matlin Injury Law, we build a comprehensive narrative of what happened and how it affected your life.
Our evaluation process includes:
- Accident Reconstruction: We work with experts who analyze skid marks and vehicle damage.
- Financial Analysis: We consult with economists to calculate the full value of lifetime earnings.
- Negligence Documentation: We gather police reports and cell phone records to prove negligence.
- Family Support: We take the time to understand the unique role the deceased played in your family.
Take the Next Step Toward Justice
No amount of money can replace a loved one. However, a successful wrongful death claim can provide financial security. It also sends a message that negligence has consequences.
If you lost a family member in a Colorado car accident, do not handle this area alone. Matlin Injury Law is here to provide guidance and support. We handle the legal burdens so you can focus on your family.
Contact Matlin Injury Law today for a confidential consultation. We will discuss your rights and options for moving forward.
Call (303) 854-6078 or contact us online to schedule your free case evaluation.
FAQs
What qualifies as a wrongful death in a car accident?
A car accident qualifies as a wrongful death if the fatality resulted from another party’s negligence. Common examples include crashes caused by drunk driving or reckless driving. If the deceased individual could have filed a personal injury claim had they survived, their death likely qualifies for a wrongful death action.
How do I know if I have a valid claim?
A valid claim generally requires proving four elements:
- Duty of Care: The other driver had a legal obligation to operate their vehicle safely.
- Breach of Duty: The driver failed to meet that obligation.
- Causation: This failure directly caused the accident and the death.
- Damages: The surviving family members suffered quantifiable losses.
Who is legally responsible for a fatal crash?
Responsibility usually lies with the negligent driver. However, other parties can sometimes be held liable. For instance, an employer might be responsible if the driver was working. If a mechanical failure caused the accident, a manufacturer could be at fault. Our team investigates all potential sources of liability to hold all responsible parties accountable.
How long do I have to file a lawsuit in Colorado?
For deaths from motor vehicle accidents, you generally have three years from the date of death. However, investigating a fatal crash takes time. Starting the process early allows your attorney to preserve evidence. This includes black box data or witness statements that can disappear quickly.
What types of compensation can my family recover?
Families can seek several types of damages:
- Economic Damages: These cover financial losses like funeral expenses and medical bills. They also include the loss of future earnings.
- Non-Economic Damages: These compensate for emotional toll, including grief and loss of companionship.
- Solatium: Colorado allows for a “solatium” payment as an alternative to proving specific non-economic losses. The current amount for 2025 is $135,990.
How does the 2025 damage cap increase affect my case?
If the death occurred on or after January 1, 2025, your case is eligible for the higher limit of $2,125,000. This change allows for a recovery that reflects the family’s emotional loss.
What if the at-fault driver also died in the accident?
You can still pursue a wrongful death claim if the negligent driver did not survive. The claim is filed against the personal representative of the deceased driver’s estate. Their insurance policy still provides coverage for the claim.
Will my case have to go to trial?
Many wrongful death claims are settled out of court. However, if the insurance company refuses a fair settlement, we are prepared to go to trial. Our preparation often encourages insurers to settle.
How much does it cost to hire a wrongful death lawyer?
Matlin Injury Law operates on a contingency fee basis. This means there are no upfront costs. We only get paid if we successfully recover compensation for you. This arrangement ensures every family has access to legal representation.
