Legal Question in Personal Injury in Colorado

Who can sue on a wronful death accident

My son riding a motorcycle was hit by a car turning left in front of him. My son was not married and has no children. His father (my ex-husband) has retained a lawyer to file a wrongful death law suit. Do I also need to hire an attorney?

Asked on 6/19/03, 7:08 pm

4 Answers from Attorneys

L. Eric Lundgren Lundgren Law Offices, P.C.

Re: Who can sue on a wronful death accident

You almost certainly also have a right to pursue a wrongful death action. This is likely to mean litigation. As litigation will probably be involved, I strongly recommend that you seek counsel.

Also, your ex-husband's counsel probably cannot represent both of you as division of the estate may become a significant issue and he would, therefore, have a conflict of interest.

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Answered on 6/20/03, 11:23 am

Jason Savela The Savela Law Firm, PC

Re: Who can sue on a wronful death accident

Unless your ex-husband has some estate rights that you do not have, you both have the right to sue on your son's behalf and get damages. I assume that your son did not have a will and so his estate will go to probate court. Likely, you and your ex will split the estate. Therefore, you have a right to get part of the damages that your ex-husband gets on behalf of your son.

I suggest you contact your ex or hire a lawyer to contact him so that you can both get the damages. If your husband was a jerk, you may need to hire an attorney to enforce your rights to part of the damages.

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Answered on 6/19/03, 8:01 pm
Dennis Blewitt Dennis L. blewitt

Re: Who can sue on a wronful death accident

It would be advisable to seek legal advice in this matter. Factors such as age, dependency, wills, etc come into the situation. Much of what you do will depend upon the existing relationship with your ex. Colo has no fault law, however it doesn't apply to motorcycles. There is a chance that his coverage might have underinsured or uninsured coverage and in case the driver of the car is judgement proof.

In any event should at least seek an initial consultation for your piece of mind


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Answered on 6/19/03, 9:02 pm

Re: Who can sue on a wronful death accident

I'm so sorry to hear about your loss. Under Colorado's Wrongful Death Act, both you and your ex-husband are entitled to pursue legal recourse against the tortfeasor. You would be well advised to retain separate legal counsel, however, as certain conflicts would be inherent and somewhat unavoidable given your marital status. I would be happy to speak with you in further detail. Very truly, Peter

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Answered on 6/23/03, 10:21 am

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