Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Colorado law, a wrongful death claim for a car accident must be brought by the personal representative of the decedent’s estate. Colorado Revised Statutes (C.R.S.) § 13-21-202 grants authority to the personal representative to file a wrongful death action on behalf of surviving family members. Without a personal representative, you cannot properly initiate the lawsuit.
If the decedent’s estate is not yet open, you can ask the county probate court to appoint a personal representative solely for the wrongful death claim. This limited appointment lets you pursue the case without full probate administration. To do so, you file a petition in the probate division of the district court in the county where the decedent resided or died.
Once the court issues letters of administration or letters testamentary, the personal representative files the wrongful death suit in district court. The claim must be filed within two years of the date of death under C.R.S. § 13-80-102. Failing to appoint a personal representative or missing the statute of limitations can bar your case.
Hypothetical Example: Jane Doe’s husband died in a car crash. Jane asked the Denver County Probate Court to appoint her as personal representative for the specific purpose of filing a wrongful death action. After receiving her letters, she filed suit against the at-fault driver within the two-year period.
Key Statutes:
- C.R.S. § 13-21-202 (Wrongful death actions)
- C.R.S. § 13-80-102 (Statute of limitations)
- C.R.S. § 15-10-104 (Appointment of personal representative)
Helpful Hints
- Begin the process early: File for limited personal representative appointment soon after you identify a potential wrongful death claim.
- Track deadlines: Colorado imposes a two-year statute of limitations on wrongful death actions.
- Gather documentation: Collect the decedent’s death certificate, accident report, and medical records before filing your petition.
- Consider small estate options: If the estate’s only asset is the wrongful death claim, a limited appointment prevents full probate.
- Consult a lawyer: An attorney can guide you through probate filings and wrongful death litigation.