Tips on recovering damages after a fatal car accident in Denver
Denver, CO – For the past few years, car accident fatalities have been on the rise in Colorado. Each year, 600 people on average are killed in a crash. These accidents tend to happen more in areas where there’s a lot of traffic, in and around big cities like Denver.
Losing someone in a tragic accident is a devastating blow for any family. The grief and the sense of loss can be overwhelming, but someone must think about what needs to be done in such a situation. The driver who did this to you must be punished and he must pay for the enormous damage he or she has inflicted upon your family. Most people simply do not have the power to focus on legal matters at such a time, which is totally understandable, but also unfortunate. If you don’t take action soon, that driver may get away with it.
If you find yourself in such a situation, the best thing you can do is look up the best wrongful death lawyers in Denver. You know what happened is wrong, but you must also prove it in court to be able to recover damages.
How do you prove the other driver is liable for damages?
A wrongful death claim is similar to a personal injury one, only it’s the surviving relatives who file it. Your Colorado accident lawyers will have to prove that the other driver was at fault, so they’re liable for all your damages.
Proving negligence goes beyond presenting the police report describing what happened. Keep in mind that the other driver may be facing criminal charges so they’ll fight to shift the blame on the deceased.
Colorado uses the modified comparative fault rule and if the other party manages to pin enough of the blame on your loved one, you won’t get anything.
Your lawyers may need to conduct their own investigation to counter any accusation the other driver may make. Your attorneys will have to:
- Interview eyewitnesses
- Check out surveillance cameras in the area
- Check out road conditions and traffic signs
- Bring in accident reconstruction experts
- Examine the other guy’s driving record
- Negotiate with the other driver’s insurance company, as it is their adjuster who initially assigns blame for the crash
How are damages calculated in a wrongful death claim?
Compensatory damages following a fatal car accident include economic and non-economic damages.
The family must be compensated for the funeral and burial costs, any medical bills related to the injury, and for the loss of financial support the deceased provided.
Also, the surviving spouse can seek damages for the loss of affection and companionship, while the children deserve compensation for the loss of guidance and nurturing.
In the first stage, your accident lawyers will try to settle with the other driver’s insurer. However, if an agreement is not possible or the other party has limited coverage, you may have to sue. Under Colorado law, you have two years to file a wrongful death lawsuit. During the first year, only the surviving spouse can file such a claim, while in the second year the children or the parents of the deceased can also initiate a wrongful death lawsuit.
If you recently lost someone in any type of traffic accident, you should contact a wrongful death attorney at the Bryan&Terrill law firm to see if you have a case.
333 W. Hampden Ave., #420B
Englewood, CO 80110
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