Overview of Colorado Wrongful Death Statute..

At Fang Accident Lawyers, we recognize how deeply a sudden loss can affect a family’s emotional and financial stability. When that loss stems from someone else’s reckless or negligent behavior, the law offers a way forward. The Colorado wrongful death statute provides clear rules on who can bring a claim, how long they have to act, and what types of compensation may be available. Knowing your rights under this statute greatly affects how your family moves through this painful time.

What Is a Wrongful Death Lawsuit?

Wrongful death is a civil legal action brought by family members or dependents against someone who knowingly or negligently causes another person’s death. It allows survivors to seek compensation for their losses, and can proceed even if criminal charges are not successful, since civil cases have a lower burden of proof. These claims are governed by state statutes, which define who may file and what damages can be recovered.

In Colorado, wrongful death lawsuits can follow a wide range of incidents, including fatal car crashes, workplace injuries, medical negligence, or violent crimes. Unlike criminal prosecutions, which are pursued by the state to punish wrongful conduct, civil claims focus on financial accountability for the losses suffered by surviving family members.

This type of lawsuit typically seeks compensation for lost income, medical expenses, funeral costs, and the emotional pain caused by the loss. Because wrongful death claims are separate from any criminal charges, they offer families an important avenue to pursue justice, even when a criminal case doesn’t result in a conviction.

Who Can File a Wrongful Claim in Colorado?

Colorado law determines exactly who has the right to bring a wrongful death action, and the timeline is strictly defined. According to Colorado Revised Statutes section 13-21-201, the right to file a claim during the first year after a person’s death is limited to:

• The spouse of the deceased;
• The spouse and the heir(s) of the deceased (with written consent);
• The heir(s) of the deceased (with the spouse’s written election);
• If there is no spouse, the heir(s) or a designated beneficiary may file.

In the second year following the death, eligible parties include the heirs or designated beneficiaries without needing the spouse’s approval. Parents may also be eligible to bring a claim if the decedent was unmarried and childless.

These rules may seem rigid, but they are designed to prevent legal disputes among surviving relatives and to provide a structured timeline for seeking justice. If multiple parties have standing to bring a claim, working with legal counsel can help determine how to proceed in a unified and effective manner.

Statute of Limitations for Wrongful Death

Colorado law sets strict deadlines for filing a wrongful death claim. The statute of limitations is generally two years from the date of the decedent’s death. However, this period can vary in certain cases. For example, if the death was the result of a motor vehicle accident, the timeline may be extended to three years under the provisions of the Colorado wrongful death statute.

Missing this deadline often results in the court dismissing the case, no matter how strong the evidence is. That’s why it’s essential for families to act promptly after a wrongful death.

The limitations period is more than just a legal technicality. It exists to preserve the integrity of evidence, protect defendants from stale claims, and encourage timely action. If you wait too long, critical documents may be lost, witness availability may decrease, and your ability to present a compelling case can weaken. Consulting a legal team early can preserve your claim and protect your family’s interests.

Is Wrongful Death a Civil or Criminal Lawsuit?

Wrongful death claims are civil lawsuits. They are entirely separate from any criminal proceedings that might be filed by the state. This distinction matters because the goal in civil court is not to punish the defendant through jail time or fines paid to the state, but to secure financial compensation for the surviving family.

Even when a criminal case does not lead to a conviction, families can still bring a wrongful death claim in civil court. The standard for proving responsibility is not as strict as in criminal cases, meaning families may still achieve justice through financial accountability, even if the defendant avoids criminal penalties.

While a criminal conviction may bring a sense of justice, it rarely addresses the financial impact on the family. A civil wrongful death lawsuit helps secure compensation, easing the economic burden left behind.

What Damages Can You Recover?

Recoverable damages in a wrongful death lawsuit vary based on the relationship to the deceased and the circumstances of the case. In Colorado, compensation may include:

• Loss of financial support, including wages and benefits the deceased would have earned
• Funeral and burial expenses
• Medical expenses related to the decedent’s final injury or illness
• Loss of companionship, care, and guidance
• Emotional distress for surviving family members (in some cases)

Colorado places legal limits on non-economic damages in wrongful death cases, meaning that emotional and intangible losses are subject to statutory boundaries. However, there is no such limit on economic damages like lost wages and medical costs, which can be significant depending on the age and financial status of the deceased.

A related claim known as a survival action may also be brought by the estate of the deceased to recover damages the decedent could have claimed if they had survived, including pain and suffering and medical expenses.

Speak with Our Team About Your Rights Under the Colorado Wrongful Death Statute

Losing a loved one due to someone else’s actions can leave you facing more questions than answers. The Fang Accident Lawyers work with families throughout Denver to clarify their rights under the Colorado wrongful death statute, explain each step of the legal process, and help them move forward with clarity. Whether you’re unsure about your eligibility to file or need help gathering documentation, our team is here to assist. Contact our Denver office today at 719-534-3132.