Pedestrian killed in a Denver accident? This is what the family can do
Denver, CO, July 12, 2022 – A pedestrian was killed in a hit-and-run accident on Colfax Avenue in Denver. The police did not release any details concerning the identity of the victim, other than that it was a man. As for the car that hit him, witnesses said it was a blue medium-sized SUV.
Only 10 days before that another pedestrian was killed after he was hit by a car as he was trying to cross the street at Broadway & Ellsworth Ave. A 19-year-old driver was arrested and charged with murder.
What can you do if someone you love is killed in a car accident?
When a pedestrian is killed in an accident, in most cases the driver will face criminal charges. The driver can escape criminal charges if the pedestrian was trying to cross the street in an unmarked area.
For the family of the deceased, the criminal trial provides a sense of justice, but it doesn’t allow them to recover damages. To get damages for an accident, the family will have to file a wrongful death lawsuit, which is a civil case.
Under Colorado law, it is the spouse, the heirs, or the parents of the deceased who may file a wrongful death claim.
The statute of limitations for this type of claim is 2 years from the death of their loved one, not from the accident itself.
The law gives precedence to the surviving spouse, who is the only one who can file such a claim in the first year following the unexpected death of their loved one. During the second year, the spouse can still file a claim, but so can the children or the parents of the deceased. Siblings are not allowed to file a wrongful death claim in Colorado.
What type of damages can you recover?
Wrongful death claims are very similar to personal injury claims and they allow the family to recover economic and non-economic damages.
Economic damages
These refer to funeral and burial expenses, loss of economic support, loss of household services, as well as any medical expenses paid by the estate if the victim was taken to the hospital after the accident
Non-economic damages
Losing someone in an accident is a great shock to the family, so the law says they must be compensated for their emotional distress and mental suffering.
A seasoned Denver wrongful death lawyer can help you put a monetary value on intangible losses such as
- Loss of companionship,
- Loss of love and affection,
- Loss of protection, care, or guidance (if the deceased had children)
In Colorado, non-economic damages are subjected to a statutory cap adjusted for inflation at regular intervals. They are capped at $571,870 for accidents that occurred after January 1, 2020.
Punitive damages
These are only allowed when your lawyers can show that the other party had a reckless or outrageous conduct. This refers mostly to DUI accidents, but hit-and-run accidents also qualify, especially if the victim might have had a chance to survive were they transported to the hospital right away. According to the law, the punitive damages awarded in a wrongful death claim cannot exceed the value of the compensatory damages.
If someone you loved was recently killed in an accident caused by negligence, you should contact an experienced wrongful death lawyer at the Bryan&Terrill law firm to see what sort of damages your family is entitled to.
Contact info:
333 W. Hampden Ave., #420B
Englewood, CO 80110
(720) 923-2333
