Who Can File a Wrongful Death Claim?

To suddenly lose a loved one in a traumatic accident is something that no family should ever have to endure. If you experience this tragedy, a wrongful death claim could offer a sense of closure by holding someone responsible for the death. Find out who has the right to file a wrongful death claim in Colorado to understand your options.

When Can a Wrongful Death Claim Be Filed in Colorado?

Colorado Revised Statutes (C.R.S.) 13-21-201 states that “when any person dies from any injury resulting from or occasioned by the negligence, unskillfulness, or criminal intent” of another person or party, a wrongful death civil claim can be brought by certain parties. 

Another way to look at a wrongful death case in Colorado is a personal injury claim that could have been filed by the deceased person (decedent) had his or her injuries not resulted in death. This is a legal option that may be available after a fatal car accident, fall, workplace disaster, act of violence or another deadly incident. If you believe you have a claim, contact our Denver wrongful death lawyer today.

Who Has the Right to File a Wrongful Death Claim?

Colorado state law provides a clear list of who is lawfully permitted to file a wrongful death claim. It is organized into sections based on how much time has passed after the death. According to § 13-21-201, a wrongful death action can be brought by the following:

• In the first year after the death: the spouse of the deceased person; the spouse and the heir(s) of the deceased (upon written election of the spouse); the heir(s) alone (upon written election of the spouse); and the heir(s) and/or the designated beneficiary, if there is no spouse.
• In the second year after the death: the spouse of the deceased person; the heir or heirs of the deceased; the spouse and the heir(s); the designated beneficiary of the deceased, if there is one; and the sibling(s) of the deceased or the heir(s) of the sibling, if there is no surviving spouse, heirs or beneficiary.
• In the case of an unmarried minor: if an unmarried minor without descendants or an unmarried adult without descendants and no designated beneficiary dies, the decedent’s father or mother may join the lawsuit.

Determining who has the right to file a wrongful death claim in Colorado can be confusing. The language of the law can be difficult to interpret and apply without consulting with an attorney.

What Is the Statute of Limitations?

C.R.S. § 13-21-204 states that all wrongful death claims must be brought within the time period prescribed in section 13-80-102 of the law: two years after the cause of action accrues, in most cases. For a wrongful death claim, the clock on the statute of limitations begins counting down on the date of the decedent’s death rather than the date that the accident happened.

Who Is Eligible to Receive Compensation From a Wrongful Death Claim in Colorado?

If a wrongful death claim in Colorado results in a settlement or jury verdict being granted to the filing party (plaintiff), state law dictates how the financial award will be divided or distributed among eligible parties. This decision is made based on the surviving beneficiaries or heirs involved and Colorado’s laws for intestate succession.

The beneficiaries that may be eligible for wrongful death compensation include a surviving spouse, child or children, parents, siblings, and other designated persons. C.R.S. § 13-21-203 states that wrongful death proceeds will be distributed proportionally among eligible parties based on each one’s degree of financial dependency on the decedent.

If you wish to find out whether you have the right to file a wrongful death claim in Colorado, reach out to Denver injury attorneys at Fang Accident Lawyers to schedule a free case review.