When Tragedy Strikes: Immediate Financial Steps for Families After a Fatal Crash in Colorado

If you are reading this because you have just lost a spouse, parent, or child in a car accident, we are deeply sorry for your loss.

Right now, you are likely in a state of shock. The idea of dealing with lawyers or insurance companies feels impossible, perhaps even disrespectful to the memory of your loved one.

But you need to know a harsh reality: The at-fault driver’s insurance company is not grieving. They are already working to minimize the amount of money they will have to pay your family.

You need to protect your family’s future immediately. Here are the urgent, practical steps you must take, even while you grieve.

1. Colorado’s Unique Rule: Who Can Sue and WHEN

Colorado has a very specific, possibly confusing law about who is allowed to file a wrongful death lawsuit (C.R.S. § 13-21-201). It operates on a strict timeline:

• The First Year (Months 1-12 post-accident): ONLY the surviving spouse has the right to file a claim. (Children can only file during this time if the spouse gives them written permission).
• The Second Year (Months 13-24): Both the surviving spouse AND surviving children can file.

Why this matters right now: If you are a surviving spouse, you have immense control in that first year, but also immense responsibility to act before that exclusivity window closes. If you are an unmarried partner, you might have ZERO rights unless you were designated as a beneficiary beforehand. You need clarity on your legal standing immediately.

2. Evidence Cannot Wait for Grief to Pass

Your loved one cannot tell their side of the story. You must ensure the physical evidence speaks for them.

• Vehicles involved in fatal crashes are often scrapped quickly by insurance companies once their initial investigation is done.
• You must demand these vehicles be PRESERVED immediately so your own accident reconstruction experts can examine them later to prove exactly what happened.

3. Immediate Financial Triage

A fatal crash often means the sudden loss of a primary income earner. Mortgage bills and regular expenses don’t stop just because tragedy struck.

• Do NOT use life insurance to pay medical bills yet. Your loved one’s estate might be responsible for their final medical bills, but family members generally are not personally responsible for a deceased adult’s debts unless you co-signed for them. Don’t drain your immediate cash needlessly.
• Probate might be needed. You may need immediate legal help just to access bank accounts to pay for the funeral.

You Need a Shield, Not Just a Lawyer

In these darkest moments, you need someone to stand between you and the aggressive insurance companies. You need someone to handle the calls, lock down the evidence, and fight for your future, so you can focus entirely on your family and your grief.

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Frequently Asked Questions

1. Who pays for the funeral right now? Often, the family must pay upfront. However, these costs are recoverable in the wrongful death claim. Also, check your own auto insurance policy for “Medical Payments” or death benefits, which sometimes offer immediate small payouts for funeral costs regardless of fault.

2. What if the at-fault driver faces criminal charges (like vehicular homicide)? The criminal case is separate from your civil claim for financial support. Do NOT wait for the criminal trial to end to file your civil claim. The deadlines for civil claims keep ticking even while the criminal case is ongoing.

3. Can siblings or parents of an adult victim file a claim? Generally, no, if there is a surviving spouse or children. Parents can usually only file if the deceased was unmarried and had no children. Siblings almost never have standing to file a wrongful death claim in Colorado.

4. How long does a wrongful death case take? These are complex, high-stakes cases that often take significantly longer than standard injury claims—sometimes 18 months to several years if they go to trial. This is why starting immediately is so important, so you don’t lose more time later.