For a car accident case in Colorado Springs to become a wrongful death claim, the estate must prove that the person who caused the crash also caused someone to die. In other words, a claimant must establish that the defendant breached their duty of care, and that violation caused the death of another.
As a result, legal actions for fatal car accidents in Colorado Springs can be difficult to handle without a well-practiced lawyer. Our legal team could help you and your loved ones if a family member died in a motor vehicle wreck.
An individual does not have to die immediately following a car accident for the estate to file a wrongful death claim in Colorado Springs. As long as they can prove that the accident caused the decedent to suffer bodily harm and that they succumbed to these injuries, they should be able to prove their case for damages. However, they must be able to show that the person would not have died but for the negligent actions of the at-fault party.
Because of safety technology in cars these days, some accidents are not fatal. For a car wreck to become fatal, typically high speeds or other dangerous conditions are involved.
For that reason, most deadly motor vehicle accidents occur either on highways and freeways or mountain roads, where someone loses control of the car, and it goes off the edge of the road into the ravine, canyon. Rollover accidents and collisions that cause passengers to be ejected from the car also tend to lead to fatalities.
One of the first steps that the family members of the decedent should take following a fatal car wreck in Colorado Springs is determining who amongst them would be the appropriate person to bring a wrongful death case. An individual may be able to accomplish this by meeting with an experienced attorney who is familiar with these cases. Because it is not always the same person who is named in the will as a Personal Representative, a knowledgeable and seasoned attorney is helpful.
The amount of damages that a plaintiff may recover in a wrongful death claim is limited due to a cap. However, if someone died because of certain felonious behavior, then the court may remove this damage cap. Additionally in Colorado Springs, the types of damages that the family members in a deadly car accident case may be eligible to recover may be limited by the actions that caused their loved one to die.
If someone you loved died in a motor vehicle collision, you may be able to bring a claim for damages against the at-fault party. Our dedicated and caring attorneys could guide you through the case process for fatal car accidents in Colorado Springs. To get started on your claim, schedule an initial case consultation today.