Wrongful Death Statute Of Limitations In Colorado
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At Rector Stuzynski Law Firm, we fight to recover the compensation you deserve. You focus on healing. We handle the rest.
At Rector Stuzynski Law Firm, we fight to recover the compensation you deserve. You focus on healing. We handle the rest.
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In Colorado, certain heirs of a person who was fatally injured due to another person’s negligence may file a claim against the at-fault party to recover financial compensation for the loss of their loved one. In most cases, the deadline to file a wrongful death claim is two years from the date of death.
That deadline is strict, and missing it can destroy an otherwise valid claim. Because these cases take time to investigate and prepare, it is smart to speak with an experienced Colorado Springs wrongful death attorney as early as possible.
Our firm has helped families recover favorable results in wrongful death cases, including stepping in when other lawyers mishandled serious claims.
A wrongful death occurs when a person dies because of another person’s or company’s negligence. Like other negligence-based claims, a wrongful death case depends on proving several core elements.
First, there must be a duty of care. In simple terms, people and businesses must act in a reasonably safe manner to avoid harming others. Second, there must be a breach of that duty, such as reckless driving, drunk driving, or ignoring safety rules. Third, that breach must have directly caused the fatal injury. Finally, there must be damages resulting from the death.
When all of those elements are present, you may have a valid wrongful death claim.
Not every family member is legally permitted to file a wrongful death claim. In Colorado, the right to file is split into time periods, and the order of priority matters.
During the first year after death, the surviving spouse generally has the exclusive right to file a wrongful death claim. The spouse may choose to include the deceased’s children in the claim, or may elect to allow the heirs to pursue the claim instead.
If there is no surviving spouse, the right typically passes to the heirs, which usually means the children. If there is no surviving spouse and no surviving children, the parents may have the right to file.
After the first year has passed, the spouse, children, or parents who are otherwise eligible may file a wrongful death lawsuit. In some situations, eligible parties may file jointly and share in any recovery.
If the deceased person has no surviving spouse, children, or other heirs with priority, the parents may file a claim within the applicable deadline.
When the potential claimant is a minor child, special rules apply. Children cannot file lawsuits on their own, so a guardian or other proper representative may need to be appointed to act on the child’s behalf.
These issues can get technical fast, which is one more reason not to rely on a generic internet article to make decisions about your case.
No matter who is filing, the claim still needs to be addressed quickly so your lawyer has time to gather evidence and build the case before the deadline runs out.
There are limited exceptions. One important example is when the death was caused by a negligent driver who is convicted of both vehicular homicide and leaving the scene of the fatal accident. In that situation, the deadline may be extended to four years.
Children can also create special statute-of-limitations issues. In some circumstances, the deadline may be tolled until a child reaches age 18.
Because exceptions are fact-specific, it is worth having a lawyer evaluate the dates in your case rather than guessing.
A wrongful death claim can involve three broad categories of damages.
Economic damages are losses with a specific dollar value. These may include funeral expenses, burial expenses, lost income, loss of financial support, and other measurable financial losses.
Non-economic damages compensate for losses that do not have a precise dollar value, such as grief, emotional loss, pain and suffering, and loss of companionship. Colorado law places limits on non-economic damages, and those limits depend on the date of death and other case-specific factors.
Punitive damages are less common. They may be available when the person responsible acted willfully, recklessly, or with especially dangerous disregard for others. These damages are meant to punish extreme misconduct, not simply compensate the family.
Colorado does not cap economic damages in wrongful death claims. If the losses can be proven and they have a real monetary value, they can generally be claimed in full.
Non-economic damages are different. Those are capped by state law and adjusted from time to time. The applicable amount depends on the date of the death and the type of conduct involved.
Wrongful death claims can arise from many different types of fatal accidents. Common examples include:
If you or someone close to you is dealing with a wrongful death case, our team can help. We have represented many families through these claims and work to make the process as manageable as possible while fighting for full compensation.
At Rector Stuzynski Law Firm, we guide clients through the legal process, answer questions clearly, and build strong cases backed by evidence. Wrongful death claims are never easy, but the right legal support can make a major difference.
We provide clear, practical guidance on wrongful death claims and the legal process so you can understand your options and move forward with confidence.
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