Wrongful Death in Pedestrian Accident Cases
When an accident results in death, surviving family members may file a wrongful death claim under C.R.S. § 13-21-201 to recover compensation for their loss.
Pedestrian Accident cases in Colorado that result in wrongful death are subject to 2 years for accidents involving motor vehicles (C.R.S. § 13-80-101(1)(n)). Under Colorado’s modified comparative fault system (C.R.S. § 13-21-111), your recovery is reduced by your fault percentage and barred entirely at 50% or more fault.
Wrongful Death Settlement Ranges
| Severity | Estimated Settlement Range |
|---|---|
| Low Severity | $100,000 – $250,000 |
| Medium Severity | $500,000 – $2,000,000 |
| High Severity / Catastrophic | $2,000,000 – $10,000,000+ |
These ranges are general estimates based on Colorado verdict and settlement data. Actual case values vary based on specific facts.
Medical Treatment & Case Impact
May involve autopsy reports, medical records from treatment prior to death, and expert testimony on cause of death. In survival actions, pain and suffering before death may be compensable.
Valued based on the deceased’s age, earning capacity, family situation, and circumstances of death. Colorado’s wrongful death statute (C.R.S. § 13-21-203) specifies who may file and when. Punitive damages are available for gross negligence or intentional conduct.