What Families Need to Know
Losing a loved one is devastating, especially when it happens because of someone else’s negligence. In Colorado, wrongful death laws offer surviving family members a legal path to seek compensation and justice. While no amount of money can replace your loved one, holding the responsible party accountable can provide a sense of closure and financial stability during an incredibly difficult time.
Colorado’s wrongful death laws have specific requirements that differ from other states. Understanding these differences can help you navigate the legal process and ensure you take the proper steps to seek justice for your loved one.
This article guides you through filing a wrongful death claim in Colorado so that you and your family can move forward with the support you need.
What Qualifies as a Wrongful Death in Colorado?
In Colorado, a wrongful death occurs when a person dies as the result of another individual’s or entity’s wrongful act, negligence, or failure to act with reasonable care. This legal concept is governed by Colorado law, specifically outlined in Colorado Revised Statutes § 13-21-201 and § 13-21-202.
- C.R.S. § 13-21-201 establishes the right of certain family members to bring a wrongful death action when the death was caused by a wrongful act, neglect, or default that would have entitled the deceased to recover damages if they had survived.
- C.R.S. § 13-21-202 confirms that the claim must be brought by specific surviving parties (such as a spouse or child), and that the right of action survives even if the deceased did not initiate a personal injury claim before their death.
In essence, if the deceased would have had grounds to file a personal injury lawsuit had they survived, their surviving eligible family members may instead file a wrongful death lawsuit.
Wrongful death cases in Colorado commonly arise from a variety of circumstances involving negligence, recklessness, or intentional harm. Some of the most frequent causes include:
Car Accidents
Fatal crashes caused by reckless or distracted driving, DUI, speeding, or failing to obey traffic laws account for a significant portion of wrongful death claims in Colorado. According to Colorado Department of Transportation data, there were 659 traffic fatalities in 2023, with 37% of fatal crashes involving impaired driving. The preliminary data for 2024 shows even higher fatality rates in the early months compared to previous years.
Medical Malpractice
Healthcare providers’ negligent actions can sometimes lead to fatal injuries. Examples include misdiagnoses, medication errors, failure to provide timely treatment, and surgical mistakes. These cases often involve complex evidence and require expert testimony.
Workplace Accidents
Dangerous job sites, improper safety protocols, defective equipment, or hazardous workplace conditions can cause preventable deaths. According to U.S. Bureau of Labor Statistics data, workplace fatalities remain a significant concern in Colorado’s construction, transportation, and agriculture sectors.
Defective Products
Designers and manufacturers of vehicles, medical devices, consumer goods, and other products must ensure safety. If a defective product results in a fatality, they may be held responsible under product liability laws.
Criminal Acts
Deaths caused by criminal acts like manslaughter, assault, or homicide can be grounds for wrongful death lawsuits. Even if the court pursues criminal charges separately, families can file civil suits for financial damages.
Find Out If You Have a Case!
Who Is Legally Allowed to File?
Unlike some states that allow extended family members or dependents to file a wrongful death claim, Colorado has specific limitations on who can bring a lawsuit, which are structured in a time-based hierarchy:
First Year After Death
- Surviving spouse has the exclusive right to file a wrongful death lawsuit
- Surviving spouse may permit the deceased’s children to join the lawsuit or file their own (must be in writing)
- If there is no surviving spouse, the deceased’s heirs or a designated beneficiary may file
Second Year After Death
- Surviving spouse and surviving children can file
- If the deceased’s children file a wrongful death lawsuit, the surviving spouse or any designated beneficiary can join within 90 days
- If there is no surviving spouse, heirs, or designated beneficiary, the deceased’s parents may file
Important Change Coming in 2025
Beginning January 1, 2025, Colorado law will also allow surviving siblings and their heirs to bring a wrongful death lawsuit in the first year after death if:
- There is no surviving spouse, heir(s), or designated beneficiary, AND
- The deceased “was an unmarried minor without descendants” OR was an unmarried adult without descendants and without a designated beneficiary
This recent change, introduced by House Bill 24-1472, expands access to justice for siblings who were previously excluded from filing wrongful death claims.
Who Can File a Claim? Quick Summary
Year 1: Spouse only (children need written permission) Year 2: Spouse + Children (or heirs) 2025 Update: Siblings may file in specific cases
Colorado's Statute of Limitations
If you’re considering filing a wrongful death lawsuit in Colorado, it’s critical to act within the legal timeframe. The statute of limitations for most wrongful death claims is two years from the date of death. If you don’t file within this period, the court may dismiss your case, preventing you and your family from recovering compensation.
However, important exceptions exist:
- If the wrongful death resulted from a hit-and-run vehicular homicide, the statute of limitations is extended to four years.
- If the claim involves a government entity (e.g., a wrongful death caused by a municipal vehicle accident), a notice of claim must be filed within 180 days of the incident, according to the Colorado Governmental Immunity Act (C.R.S. §24-10-109).
Because of these complexities and strict deadlines, consulting with an experienced wrongful death attorney as soon as possible after a loved one’s death is essential to preserve your legal rights.
How Colorado's Wrongful Death Laws Differ from Other States
While all states have laws allowing families to seek compensation for wrongful death, Colorado’s approach has several key differences:
Damage Caps Are Changing Significantly
For cases filed on or after January 1, 2025, the cap on non-economic damages for wrongful death will increase to $2.125 million (up from the previous cap of approximately $571,870). This represents one of the most substantial increases in damage caps in Colorado history.
The cap for medical malpractice wrongful death cases will increase incrementally over five years, eventually reaching $1.575 million by January 1, 2029. After that, both caps will be adjusted for inflation every two years.
Damage Cap Summary
- Pre-2025: ~$571,870
- 2025: Increases to $2.125 million
- Medical malpractice caps: Adjust to $1.575M by 2029
Strict Filing Hierarchy
Colorado maintains a strict hierarchy of who can file and when, unlike many states that allow multiple family members to file simultaneously. This time-based approach prioritizes the surviving spouse in the first year.
Comparative Fault Applies
Colorado follows a modified comparative negligence system. If the deceased was partially at fault for their own death, the compensation may be reduced by their percentage of fault. If the deceased was 50% or more responsible, recovery might be barred entirely.
Survival Actions Are Separate
In Colorado, wrongful death claims and survival actions are considered separate types of claims. A wrongful death claim compensates family members for their losses, while a survival action (filed by the personal representative of the estate) seeks compensation for damages the deceased suffered before death, such as pain and suffering and medical expenses.
What Compensation Is Available in a Wrongful Death Case?
Families of wrongful death victims in Colorado may be entitled to various types of compensation, including:
Economic Damages
Economic damages refer to the measurable financial losses resulting from the unexpected passing of a loved one. These damages compensate surviving family members for the direct costs and financial hardships they’ve endured:
- Funeral and burial expenses
- Medical bills related to the wrongful death
- Lost wages and future earnings the deceased would have provided
- Loss of household services (e.g., childcare, home maintenance)
- Loss of benefits (health insurance, retirement, etc.)
There is generally no cap on economic damages in Colorado wrongful death cases, with the exception of certain medical malpractice cases.
Non-Economic Damages
Non-economic damages compensate families for the personal, emotional, and psychological impact of losing a loved one. Though these damages are more subjective, they represent significant losses:
- Pain and suffering experienced by the surviving family members
- Loss of companionship, guidance, and emotional support
- Loss of consortium (for surviving spouses)
As mentioned earlier, for cases filed on or after January 1, 2025, non-economic damages in wrongful death cases will be capped at $2.125 million (with different caps for medical malpractice cases). This is a substantial increase from previous caps.
Punitive Damages (in Special Cases)
In cases involving particularly egregious conduct, such as drunk driving resulting in death or intentional acts, the court may award punitive damages (also called exemplary damages). These are designed to punish the wrongdoer and deter similar behavior. Under Colorado law, punitive damages are typically capped at the amount of actual damages awarded, but the court may increase this cap up to three times the actual damages in certain circumstances.
How to File a Wrongful Death Lawsuit in Colorado
Below is an overview of what to expect when pursuing a wrongful death claim in Colorado:
1. Consult with a Wrongful Death Attorney
Seek legal guidance as soon as possible to understand your rights and determine the next steps. An experienced attorney can help you navigate the complex legal landscape and ensure you meet all deadlines.
2. Investigation & Evidence Gathering
Your attorney will collect police reports, medical records, witness statements, and expert testimony to build a strong case. For cases involving car accidents, workplace incidents, or product defects, this may include accident reconstruction, employment records, or product testing.
3. File a Complaint
Your attorney will formally file the lawsuit with the appropriate Colorado court, detailing the wrongful death claim against the responsible party or parties.
4. Pre-Trial Process
Both sides engage in discovery (the exchange of evidence), depositions, and potential settlement negotiations. Many wrongful death cases settle during this phase.
5. Trial (If Necessary)
If a fair settlement cannot be reached, your case will proceed to trial, where your attorney will present evidence and arguments to a judge or jury.
While most wrongful death cases settle before trial, having experienced legal representation ensures the strongest possible case, whether negotiating a settlement or presenting in court.
If you believe your loved one’s death was the result of negligence or wrongdoing, contact an experienced Colorado wrongful death attorney today for a free consultation. Let’s discuss your options and begin the legal process to help secure your family’s future.