What a wrongful death attorney does after a fatal car accident
A wrongful death attorney in Boulder represents the family or estate of someone killed in a car accident caused by another person's negligence or recklessness. Their job is to investigate what happened, establish who was at fault, and build a case for compensation — money meant to cover funeral costs, lost income the deceased would have earned, and the family's loss of companionship and support.
In Colorado, only certain people can file a wrongful death claim: the surviving spouse, children, parents (if the deceased had no spouse or children), or the personal representative of the estate if no family member steps forward. An attorney helps determine who has the legal standing to bring the claim and guides them through the entire process, from gathering evidence to negotiating with insurance companies or taking the case to trial if needed.
The attorney does not work for free — most operate on a contingency basis, meaning they take a percentage of any settlement or judgment you receive. If there is no recovery, you pay nothing. This arrangement exists because wrongful death cases are expensive to investigate and litigate, and families are often in no position to pay upfront.
Key Takeaways
- A wrongful death attorney investigates the accident, identifies the at-fault party, and pursues compensation for the family's losses, including funeral expenses and lost income.
- In Colorado, only the spouse, children, parents, or estate representative can file a wrongful death claim, and an attorney will clarify who has legal standing.
- Most wrongful death attorneys work on contingency, taking a percentage of any settlement or judgment and charging nothing if the case does not recover money.
- The attorney's investigation includes police reports, witness statements, vehicle damage analysis, and sometimes accident reconstruction experts to prove fault.
- Wrongful death cases in Colorado have a two-year important date from the date of death to file in court, so contacting an attorney soon after the accident is important.
How Boulder attorneys investigate fatal car accidents
The investigation begins with the police report, which documents the scene, officer observations, and any citations issued. Your attorney will obtain this report and review it for gaps or errors. They will also interview witnesses who saw the accident, request medical examiner findings, and gather photographs or video from traffic cameras, dashcams, or nearby businesses.
In cases where the cause of the accident is unclear — for example, whether a driver ran a red light, was speeding, or was impaired — the attorney may hire an accident reconstruction informed. This informed analyzes vehicle damage, skid marks, road conditions, and physics to determine how the collision occurred and who was at fault. Their report often becomes critical evidence if the case goes to trial.
The attorney will also obtain the at-fault driver's insurance information and begin communicating with their insurer. They request the policy limits, any prior claims history, and details about coverage. This early communication can sometimes lead to a settlement without litigation, though many cases require filing a lawsuit to reach a fair resolution.
What compensation may be available in a wrongful death case
Colorado law allows families to recover several categories of damages. Economic damages include funeral and burial expenses, medical bills from any treatment before death, and the income the deceased would have earned over their remaining working life. These are calculated based on the person's age, job, salary history, and life expectancy.
Non-economic damages cover the family's pain and suffering — the loss of companionship, guidance, and emotional support. A spouse loses a partner; children lose a parent; parents lose a child. Colorado courts recognize these losses as real harm deserving compensation, though the amount varies based on the closeness of the relationship and the circumstances of the death.
In rare cases where the at-fault driver's conduct was especially reckless — such as driving at extreme speed or while severely intoxicated — a court may award punitive damages meant to punish the wrongdoer and deter similar behavior. These are not common and require proof of gross negligence or intentional misconduct, not straightforward carelessness.
The timeline for filing a wrongful death claim in Colorado
Colorado has a two-year statute of limitations for wrongful death lawsuits, meaning the claim must be filed in court within two years of the date of death. This important date is strict; if it passes, the claim is barred and cannot be pursued, regardless of the strength of the case. This is why contacting an attorney soon after the accident is critical.
However, the process does not move at court speed. Before filing a lawsuit, your attorney will typically spend several months investigating, gathering evidence, and attempting to negotiate with the insurance company. If a settlement is not reached, the lawsuit is filed and discovery begins — a phase where both sides exchange documents and take depositions (recorded statements under oath). This phase alone can last six months to a year or more.
If the case does not settle during discovery, it may go to trial, which adds several more months. Throughout this time, your attorney keeps you informed of progress and major decisions. You will not be left wondering where things stand or what happens next.
How to choose a wrongful death attorney in Boulder
Start by looking for attorneys who specialize in wrongful death or personal injury cases, not general practice lawyers who handle everything from wills to traffic tickets. Many Boulder-area firms list their experience on their websites, including the types of cases they handle and their track record. You can also contact the Colorado Bar Association's lawyer referral service, which directs you to attorneys in your area who practice in specific fields.
When you meet with an attorney, ask about their experience with fatal car accidents specifically. How many cases have they handled? What were the outcomes? Do they have relationships with accident reconstruction experts and medical experts they trust? A lawyer who has handled dozens of wrongful death cases will move faster and more strategically than one handling their first.
Ask directly about the contingency fee — what percentage they take, whether costs (informed fees, court filing fees, deposition transcripts) are deducted before or after the percentage, and whether you owe anything if the case does not recover money. These terms vary, and you should understand them clearly before signing an agreement. You should also feel comfortable with the attorney personally; you will be sharing difficult details about your loss, and you need someone you trust.
Insurance and liability in Boulder car accidents
Colorado is an at-fault state, meaning the driver responsible for the accident is liable for damages. The at-fault driver's auto insurance is typically the first source of compensation. Most drivers carry bodily injury liability coverage, which pays for injuries and deaths caused by their negligence, up to the policy limits (often $25,000 to $100,000 per person, though limits vary widely).
If the at-fault driver's insurance is insufficient to cover the family's losses, your attorney may pursue other sources. If the at-fault driver was uninsured or underinsured, your own uninsured/underinsured motorist coverage may explore. If the accident occurred on someone's property or involved a commercial vehicle, additional liability may exist. Your attorney explores all available sources of recovery.
Insurance companies have their own attorneys and adjusters trained to minimize payouts. They may dispute fault, argue that injuries or losses were less severe than claimed, or offer a low settlement early on. Having your own attorney levels the playing field and ensures the insurance company takes your claim seriously.
What to expect during settlement negotiations or trial
Most wrongful death cases settle before trial. Once your attorney has completed the investigation and gathered evidence, they send a demand letter to the at-fault driver's insurance company outlining the facts, the liability, and the damages claimed. The insurance company responds with an offer, often much lower than the demand. Your attorney and the insurance company's attorney then negotiate, exchanging counteroffers until they reach an agreement or decide negotiation has stalled.
If settlement talks fail, the case proceeds to trial. Your attorney presents evidence to a jury or judge, including witness testimony, informed reports, photographs, and medical records. The jury decides whether the at-fault driver was negligent and, if so, what amount of compensation is fair. Trials are public, formal, and can be emotionally difficult for families, but they sometimes result in larger awards than settlement offers.
Throughout this process, your attorney handles all communication with the insurance company and court. You do not have to speak to adjusters or attend depositions unprepared. Your attorney prepares you for any testimony you may give and protects your interests at every step.
Frequently Asked Questions
How long does a wrongful death case usually take to resolve?
Most cases settle within one to two years, though some take longer if the facts are disputed or the case goes to trial. The two-year statute of limitations applies to filing in court, not to settling, so there is time to investigate thoroughly before a lawsuit must be filed. Your attorney will give you a realistic timeline based on the specific circumstances of your case.
What if the at-fault driver does not have insurance?
Colorado law requires all drivers to carry auto insurance, but some do not. If the at-fault driver is uninsured, your attorney will look to your own uninsured motorist coverage, which is designed for this situation. If you do not have that coverage, recovery may be limited, though your attorney can still pursue a judgment against the driver personally — though collecting from an individual is often difficult.
Can I file a wrongful death claim if I am not a spouse or child?
Colorado law limits wrongful death claims to spouses, children, parents (if there is no spouse or children), and the estate representative. If you are a sibling, grandparent, or close friend, you cannot file a wrongful death claim directly, though you may be able to recover for your own injuries if you were in the vehicle or present at the scene. An attorney can explain what options may be available to you.
What if the accident was partly my family member's fault?
Colorado follows comparative negligence rules, meaning a person can recover damages even if they were partially at fault, as long as they were not more than 50% responsible. If the deceased was found 30% at fault and the other driver 70% at fault, the family could recover 70% of the damages. Your attorney will argue for the lowest possible percentage of fault assigned to the deceased.
Do I have to go to court, or can everything be handled privately?
Most cases settle through negotiation and never reach trial. Settlement agreements are typically confidential, meaning the terms are not made public. If you prefer to avoid the publicity and emotional toll of a trial, your attorney will work toward a settlement. However, if the insurance company's offer is unreasonably low, going to trial may be necessary to reach a fair outcome.