Losing someone because of another person’s carelessness is a pain that is hard to put into words. In the middle of grief, families are often also asked to make decisions about money, paperwork, and legal deadlines. It is a lot, and it is okay not to know where to start.
One of the first questions we hear is a simple one: who is actually allowed to file a wrongful death claim in Colorado? Here is a plain-language overview.
What is a wrongful death claim?
A wrongful death claim is a civil lawsuit brought after someone dies because of another person’s wrongful act, neglect, or default. In general, it can be brought in situations where the person who died could have brought a personal injury claim if they had survived. Common causes include car, truck, and motorcycle crashes, but it can arise in other situations too.
It is separate from any criminal case. A prosecutor can bring charges, and the family can also file a civil claim. They are different processes with different goals. Our post on the differences between personal injury and wrongful death claims explains this in more depth.
Who can file in Colorado?
Colorado law sets out who can bring a wrongful death claim, and the order depends partly on how much time has passed.
- In the first year after the death, the surviving spouse generally has the exclusive right to bring the claim.
- After that first year, the spouse and the children of the person who died can bring the claim together.
- If the person who died was unmarried and had no children, the parents may be able to file.
- Recent changes to the law also allow siblings to bring a claim in limited situations, where there is no spouse, no children, no designated beneficiary, and no living parents.
Because the rules are specific, it matters who files and when. Filing too late, or by the wrong person, can mean losing the claim. If you are not sure where your family fits, an attorney can walk through it with you.
Wrongful death vs. survival action
You may also hear about a survival action. It is a different claim that belongs to the person who died, covering things like their own losses before death, and it is pursued by their estate. In many cases, the two claims move together. For a clear explanation, see our page on what a survival action is.
What can a family recover?
Damages in a wrongful death case are usually split into economic and non-economic losses.
- Economic losses can include lost income and benefits the person would have provided, funeral and burial costs, and medical bills related to the death.
- Non-economic losses can include the loss of companionship, emotional stress, and loss of the person’s care, guidance, and support.
Colorado places a cap on non-economic damages in wrongful death cases. For claims that arose on or after January 1, 2025, that cap was raised to $2,125,000, and the cap can be adjusted over time. There is generally no cap on economic damages, and the cap on non-economic damages does not apply when the death was caused by what the law treats as a felonious killing. Our overview of wrongful death damages and what you can recover breaks the categories down.
How long does a family have?
Deadlines are tight. In most Colorado wrongful death cases, the family has two years from the date of death to file. A longer four year period applies in certain hit and run vehicular homicide cases. And if a government entity may be responsible, written notice is required within 182 days. Because of these differences, do not assume you have plenty of time. Even when the deadline is far away, evidence like surveillance video, vehicle data, and witness memories can disappear quickly.
Common causes of wrongful death claims
Many wrongful death claims in Colorado come from crashes, including car, truck, motorcycle, pedestrian, bicycle, and rideshare collisions. Drunk driving and distracted driving are frequent factors. Others come from unsafe property conditions or other negligence. Every situation is different, and the facts decide who may be responsible.
Evidence to preserve
Evidence can vanish quickly. Families, or someone helping them, can try to preserve:
- The police or incident report and the investigating officer’s name
- Photos and video from the scene, and from nearby cameras
- Vehicle information and, where possible, the vehicles themselves
- Names and contact details for witnesses
- Medical, hospital, and funeral records and bills
- Pay stubs, tax returns, and benefit information that show what the person contributed to the family
Proving fault
To win a wrongful death claim, the family has to show that someone else’s wrongful conduct caused the death. That often means gathering police reports, medical and autopsy records, witness statements, and sometimes expert opinions. We walk through the process in our guide on how to prove fault in a wrongful death claim.
Colorado also uses modified comparative fault, so if the person who died is found partly responsible, the amount may be reduced, and a claim can be barred if they were 50 percent or more at fault. Insurers sometimes raise this argument, so it helps to have someone in your corner who knows how to respond.
How long does a wrongful death case take?
It depends. Some cases resolve through settlement in a year or so, while others take much longer, especially if they go to trial or involve several defendants or insurers. Gathering records, working with experts, and negotiating all take time, and a good attorney will not rush you into an early decision just to close the file.
Settlement or trial?
Most cases settle, but the decision is always the family’s. An attorney’s job is to explain the options, including the strengths and risks of each, so you can decide with clear information. Where there are minor children or several family members who may have claims, a court may need to approve a settlement, so the process can involve a few extra steps.
What families can do right now
- Get a copy of the police report and the death certificate.
- Save photos, videos, text messages, and social media posts related to the incident.
- Keep records of funeral costs, medical bills, and any lost income.
- Do not sign anything from an insurance company or give a recorded statement without advice.
- Write down names and contact details for witnesses.
- Talk to an attorney early, even if you are not ready to file.
A note from our team
There is no right way to grieve, and no right timeline for deciding what to do next. A good attorney will not rush you. We can talk through the facts, explain who has the right to file, and help you understand the deadlines so that nothing gets lost while you take care of your family.
If you lost a loved one in Colorado Springs or the surrounding area because of someone else’s actions, Rector Stuzynski Law Firm is here to talk when you are ready.
This article is general information, not legal advice, and every case is different.
Frequently Asked Questions
Who can file a wrongful death lawsuit in Colorado?
Generally, the surviving spouse has the exclusive right in the first year. After that, the spouse and children can bring the claim together. If there is no spouse or child, parents may be able to file, and in limited situations siblings may as well.
How long do we have to file a wrongful death claim?
In most cases, two years from the date of death. Certain hit and run vehicular homicide cases have a longer four year window, and claims against government entities require notice within 182 days.
Is there a cap on wrongful death damages in Colorado?
Yes, there is a cap on non-economic damages, which was raised to $2,125,000 for claims arising on or after January 1, 2025. Economic damages are generally not capped, and the cap does not apply to a felonious killing.
Can we file a wrongful death claim if there is also a criminal case?
Yes. A civil wrongful death claim is separate from any criminal case, and families can pursue it whether or not criminal charges are filed.
What if our loved one was partly at fault?
Colorado uses modified comparative fault. Compensation can be reduced by the share of fault, and a claim can be barred if the person who died was 50 percent or more at fault.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim covers losses to the surviving family members. A survival action covers harm the person who died experienced before death and is pursued by their estate.
