Wrongful Death Laws in Colorado

When a family loses someone unexpectedly due to another party’s carelessness or misconduct, Colorado law gives survivors a path to seek justice. A wrongful death lawsuit allows certain family members to recover financial compensation and hold the at-fault party accountable. These laws aim to provide support, recognition of the loss, and a sense of closure during a deeply painful time.

Who Can File a Wrongful Death Claim in Colorado?

Colorado has specific rules about who can bring a wrongful death claim, depending on how much time has passed since the death:

• In the first year, only the surviving spouse may file the claim.
• In the second year, the surviving spouse, children, or a designated beneficiary may bring the lawsuit.
• If there is no spouse or children, the deceased’s parents may file.

If no qualifying individual steps forward, the personal representative of the estate may file a separate “survival action” on behalf of the estate.

What Qualifies as a Wrongful Death in Colorado?

A wrongful death occurs when someone dies as a result of the negligence, recklessness, or intentional actions of another person or business. This can include:

• Fatal car or motorcycle crashes
• Workplace accidents
• Medical malpractice
• Criminal violence
• Dangerous property or defective products

The law applies to situations where the deceased could have filed a personal injury lawsuit if they had survived.

Damages Available in a Wrongful Death Case

Colorado allows families to pursue a variety of damages, including:

• Medical expenses related to the deceased’s final injury
• Funeral and burial costs
• Loss of the deceased’s income and benefits
• Loss of companionship, care, and guidance
• Emotional pain and suffering

There are limits on non-economic damages in some cases, which may vary depending on the year of the loss. In rare cases, punitive damages may also be awarded for egregious conduct.

Statute of Limitations for Wrongful Death Claims

In Colorado, you generally have two years from the date of death to file a wrongful death lawsuit. If you miss this deadline, the case will likely be dismissed by the court.

In certain situations—such as deaths caused by a motor vehicle accident—you may need to act sooner. Consult an attorney quickly to preserve your rights.

Wrongful Death After a Car Accident

Car accidents are one of the most common causes of wrongful death claims in Colorado. If your loved one was killed in a crash due to another driver’s negligence or recklessness, you may be able to file a lawsuit against that driver or their insurance provider.

Common causes of fatal crashes include distracted driving, DUI, speeding, and failure to obey traffic laws.

What Is a Survival Action?

In addition to a wrongful death claim, Colorado law permits a survival action, which is brought by the estate to recover damages that the deceased could have claimed if they had lived. These may include:

• Pain and suffering before death
• Medical bills
• Property damage
• Lost wages prior to passing

Wrongful death and survival actions may be pursued at the same time, depending on the situation.

Frequently Asked Questions About Wrongful Death in Colorado

Can siblings file a wrongful death claim?

Not unless they are designated as the estate’s personal representative. Colorado limits wrongful death claims to a spouse, children, parents, or a beneficiary named in writing.

What if the deceased didn’t have a will?

If there is no will, the court will appoint a personal representative to manage the estate and, if needed, bring a survival action.

Is emotional grief considered in damage awards?

Yes. Colorado allows compensation for emotional grief and loss of companionship, but these non-economic damages may be subject to a cap depending on the year and details of the case.

How are settlements divided among surviving family members?

If multiple people are eligible to recover damages, they may either reach an agreement on how to divide the settlement or have the court decide.

Talk With a Wrongful Death Attorney in Colorado

If your family has lost someone due to the negligent or wrongful acts of another person or business, you have the right to pursue justice. A wrongful death attorney in Colorado can guide you through the legal process, protect your rights, and help your family move forward with financial support and peace of mind.