Wrongful death after a serious crash, legal options for grieving families

Quick Summary

When a family loses a loved one in a fatal collision, they may have the legal right to file a wrongful death lawsuit to seek accountability and financial stability. In both Texas and Colorado, specific family members—such as a surviving spouse, children, or parents—can pursue compensation for funeral costs, loss of income, and emotional suffering. Consulting an experienced wrongful death lawyer is the most effective way to navigate the distinct statutes of limitations and technical filing requirements that vary between these two states.

What is a Wrongful Death Claim Under Texas and Colorado Law?

A wrongful death claim is a civil action brought when a person’s death is caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another party. In the context of a motor vehicle accident, this often involves a driver who was speeding, intoxicated, distracted, or otherwise negligent. While a criminal case may be brought by the state to punish the wrongdoer, a wrongful death claim is a private action designed to provide restitution to the grieving family.

It is important to understand that these claims are governed by specific state statutes. In Texas, the law is found in the Civil Practice and Remedies Code, while Colorado follows the Colorado Wrongful Death Act. Both states view these lawsuits as a way to protect the financial future of those who were dependent on the deceased. Because the legal burden of proof in a civil case is lower than in a criminal trial—requiring a “preponderance of the evidence” rather than “beyond a reasonable doubt”—families can often achieve a sense of justice even if a criminal conviction is not secured.

Who Can File a Wrongful Death Claim in Texas vs. Colorado?

One of the most significant differences between state laws involves who is permitted to initiate a fatal crash lawsuit. If the wrong person files the claim, the court may dismiss the case entirely, potentially after the statute of limitations has already expired.

Who Has Standing in Texas?

In Texas, the right to file is restricted to the surviving spouse, children (including adult children and legally adopted children), and parents of the deceased. Unlike some other states, siblings and grandparents do not have the legal standing to file a wrongful death claim in Texas. These eligible parties can file individually or join together in a single action. If none of these relatives file within three calendar months of the death, the executor or administrator of the deceased’s estate may file the claim unless all the eligible family members specifically request that the estate does not do so.

Who Has Standing in Colorado?

Colorado utilizes a tiered “Year One and Year Two” system that is unique and strictly enforced.

• Year One: During the first year following the death, only the surviving spouse has the exclusive right to file. If the deceased was not married, the heirs (children) or the parents of the deceased may file.
• Year Two: In the second year, the right expands. The surviving spouse and the children can both file, or they can file jointly.
• Sibling Rights (New for 2025): Effective January 1, 2025, Colorado law was updated to allow siblings to file a wrongful death claim, but only if the deceased had no surviving spouse, no surviving children, and no surviving parents.

Navigating these timelines is one of the primary reasons families choose to consult a wrongful death lawyer shortly after their loss. Misunderstanding these windows can lead to family disputes or lost legal rights.

What is the Difference Between a Wrongful Death Claim and a Survival Action?

Many families are surprised to learn that a single fatal accident can actually result in two separate legal claims. While they are often filed together by the same wrongful death lawyer, they serve very different purposes and benefit different people.

The Wrongful Death Claim

This claim is for the benefit of the living relatives. It compensates the spouse, parents, or children for the losses they have suffered personally due to the death. This includes the loss of financial support the deceased would have provided, as well as the loss of love, companionship, and emotional guidance.

The Survival Action

A survival action is essentially a personal injury claim that “survives” the victim’s death. This claim belongs to the estate of the deceased, not the family members directly. It seeks to recover the damages the victim would have been entitled to if they had survived the crash, such as medical bills incurred before death, the victim’s own pain and suffering during the accident, and property damage to their vehicle. Any funds recovered through a survival action are distributed according to the victim’s will or state intestacy laws.

In Texas, survival actions allow for the recovery of the victim’s pre-death pain and suffering. In Colorado, however, survival actions are generally limited to economic losses like medical expenses and funeral costs, while non-economic damages like pain and suffering are typically reserved for the wrongful death portion of the litigation.

What Types of Damages Can Grieving Families Recover?

The financial impact of a sudden death is often overwhelming. A successful lawsuit aims to cover both the immediate costs and the long-term financial gap left by the loss of a breadwinner or a primary caregiver.

Economic Damages

These are the quantifiable financial losses, which include:

• Funeral and burial costs: The reasonable expenses associated with the memorial and final resting place.
• Loss of income: The wages and benefits (including health insurance and retirement contributions) the deceased would have earned had they lived a full life.
• Medical expenses: Any costs for emergency care, surgeries, or hospital stays between the time of the crash and the time of death.
• Loss of services: The monetary value of household tasks the deceased performed, such as childcare, home maintenance, and financial management.

Non-Economic Damages

These address the intangible, emotional toll of the loss:

• Mental anguish: The grief, sorrow, and emotional trauma experienced by the survivors.
• Loss of companionship and society: The loss of the positive benefits of the relationship, including love, comfort, and intimacy.
• Loss of inheritance: The amount the deceased would likely have added to their estate and left to the survivors if they had lived.

In Colorado, there is a statutory cap on non-economic damages for most wrongful death cases. As of early 2025, this cap has been adjusted significantly upward to reflect inflation and legislative changes, but it remains a factor that a wrongful death lawyer must manage. Texas does not have a general cap on non-economic damages in car accident cases, though caps do exist for medical malpractice claims.

Support for Families in Their Darkest Hour

Losing a loved one is a trauma that no legal settlement can truly heal. However, securing your financial future allows you to grieve without the added burden of mounting debt. At Williams Caputo Injury Lawyers, we provide the empathetic and authoritative representation needed to hold negligent parties accountable.

How Do You Prove Negligence in a Fatal Crash Lawsuit?

To win a wrongful death case, your legal team must prove four key elements:

1. Duty: The defendant owed the deceased a duty of care (e.g., the duty to follow traffic laws).
2. Breach: The defendant breached that duty (e.g., by texting while driving or running a red light).
3. Causation: The defendant’s breach directly caused the accident and the resulting death.
4. Damages: The surviving family members have suffered real and compensable losses.

Proving these elements requires an intensive investigation. We often work with accident reconstruction experts who use physical evidence from the scene—such as skid marks, vehicle crush patterns, and electronic data from the cars’ “black boxes”—to recreate the moments before the impact. We also gather police reports, witness statements, and cell phone records to build a comprehensive picture of the defendant’s negligence.

If you would like to see the types of outcomes we have achieved for other families, we invite you to review our case results page.

What is the Statute of Limitations for Wrongful Death?

In both Texas and Colorado, the standard statute of limitations for a wrongful death claim is two years from the date of death. It is a common misconception that the clock starts on the day of the accident; if the victim survives for several weeks before passing away, the two-year window begins on the day they died.

There are, however, critical exceptions:

• Car Accidents in Colorado: While most wrongful death claims have a two-year limit, some motor vehicle-related personal injury claims in Colorado have a three-year limit. However, when death is involved, the safer and more common legal practice is to adhere to the stricter two-year wrongful death deadline.
• Claims Against Government Entities: If the fatal crash involved a city bus, a police car, or a state-owned vehicle, the timeline is much shorter. You may be required to file a formal “Notice of Claim” within as little as 182 days in Colorado or six months in Texas.
• Minor Children: If the person filing the claim is a minor, the statute may be “tolled” (paused) until they turn 18.

Failing to file within these windows can permanently bar your family from seeking any recovery. This is why we recommend contacting our attorney team as soon as you are able, ensuring that all evidence is preserved and all deadlines are met.

Frequently Asked Questions

Can I file a wrongful death claim if the at-fault driver was also killed?

Yes. You can file a claim against the estate of the deceased driver. Their liability insurance policy will still apply to the accident, and your wrongful death lawyer will work with the personal representative of their estate to secure a settlement or judgment.

What happens if my loved one was partially at fault for the crash?

Both Texas and Colorado use “modified comparative negligence” rules. You can still recover damages as long as your loved one was 50% or less at fault. However, the total compensation will be reduced by their percentage of fault. If they were found to be 51% or more at fault, the law prevents any recovery.

Is a wrongful death settlement taxable?

Generally, no. Under federal law, compensation received for personal physical injuries or physical sickness—including wrongful death—is usually not considered taxable income by the IRS. However, if a portion of the settlement is specifically for punitive damages or back pay, that portion may be taxable.

What is “solatium” in Colorado wrongful death cases?

In Colorado, a surviving spouse or parents can choose to receive a “solatium” payment. This is a fixed statutory amount (currently over $135,000) that serves as a lump sum for non-economic damages like grief and loss of companionship. This is an alternative to proving specific non-economic damages in court and can sometimes simplify the legal process.

How long does a wrongful death lawsuit usually take?

The timeline varies significantly based on the complexity of the accident and the willingness of the insurance company to negotiate. Some cases settle within months, while others that go to trial can take two years or more. We prioritize moving the case forward as efficiently as possible while ensuring we do not settle for less than your family deserves.

Taking the Next Step Toward Justice

The days and weeks following a fatal crash are filled with profound grief and complex decisions. You do not have to carry the legal burden alone. At Williams Caputo Injury Lawyers, we are committed to providing the steady, professional guidance your family needs during this transition. Whether you are in Austin, Texas, or anywhere in Colorado, we are ready to investigate your case and fight for the accountability your loved one deserves.

For more information on our firm’s commitment to our clients, please visit our about us page or see what our previous clients have said on our testimonials page. For those who prefer to communicate in Spanish, we invite you to visit our Spanish home page.

You can learn more about our various practice areas or read more in-depth articles on our blog.

Protect your family’s future today. Contact Williams Caputo Injury Lawyers for a free consultation. Call us at tel:512.808.0995 to get started. 

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