Colorado Wrongful Death Statutes

It is important to understand your rights under Colorado law if someone close to you passes away in a preventable accident. You may have grounds to file a wrongful death claim against the person or party responsible for the fatal accident. Explore Colorado’s wrongful death statutes with help from an experienced wrongful death attorney in Denver for personalized legal advice.

What Is Colorado’s Definition of Wrongful Death?

The state’s wrongful death laws can be found in Colorado Revised Statutes (C.R.S.) Section 13-21-201 to 13-21-204. The law begins by defining “wrongful death” in § 13-21-201. This law states that a wrongful death claim can be filed “when any person dies from any injury resulting from or occasioned by the negligence, unskillfulness, or criminal intent” of another person.

Negligence refers to the failure to act with reasonable care, or to uphold one’s duty of care. A duty of care is a legal obligation to act in a way that does not pose a threat of harm to other people. Examples of negligence are driving while distracted or a property owner failing to remedy a known slip and fall hazard.

Who Can File a Wrongful Death Lawsuit in Colorado?

Colorado law gives the right to file a wrongful death claim to the spouse of the deceased in the first year after the death, or (upon the written election of the spouse) by the spouse and/or the heir(s) of the deceased person. 

If there is no surviving spouse, the heir or heirs of the deceased person or the designated beneficiary can file a wrongful death claim. If there is no spouse or heirs, the mother, father or sibling(s) of the deceased may file in the first year. 

In the second year after the death, the spouse, heir(s), spouse and heirs, designated beneficiary, sibling(s), or parent(s) of the deceased may file. If the deceased person’s children file, the surviving spouse and/or designated beneficiary have 90 days to join the lawsuit.

What Damages Are Recoverable?

“Damages,” or the losses the filing party (plaintiff) is claiming in the wrongful death suit, can encompass many different things that were lost due to the death of the victim. A plaintiff can recover both economic and noneconomic damages in a successful claim.

Common examples include:

• Reasonable funeral and burial costs
• Lost wages and inheritance
• Life insurance or other lost benefits 
• Pain and suffering
• Grief and emotional stress
• Loss of companionship

C.R.S. § 13-21-203 states that “All damages accruing under section 13-21-202 shall be sued for and recovered by the same parties and in the same manner as provided in section 13-21-201, and in every such action the jury may give such damages as they may deem fair and just, with reference to the necessary injury resulting from such death.”

Time Limit on the Right to File a Colorado Wrongful Death Claim

An important wrongful death statute to know is § 13-21-204. It places a time limit (known as the statute of limitations) on the ability to file a lawsuit. This law states that all wrongful death claims must be brought within the time period described in § 13-80-102: two years from the date of the deceased person’s death. However, there is an exception if an individual dies as a result of hit-and-run vehicular homicide. In these cases, plaintiffs have four years to file.

How a Wrongful Death Lawyer in Colorado Can Help

Navigating Colorado’s wrongful death statutes is easier when you hire a qualified wrongful death attorney to assist you. Your lawyer can take over complicated legal processes while you and your family focus on mourning and recovering. 

An attorney will protect your best interests and make sure you don’t make any common mistakes, such as missing your filing deadline. Contact our Denver personal injury attorney at Fang Accident Lawyers to request a free consultation to learn more.