Losing a loved one because of someone else’s negligence is one of the most difficult experiences that a family can endure. In addition to grief, surviving family members may face financial hardship from lost income, medical expenses, and funeral costs. While Colorado law allows certain family members to seek compensation through a wrongful death claim, it also establishes strict rules about who may file the lawsuit and when they may do so.
Unlike many states, Colorado uses a priority system that determines which relatives have the legal right to bring a wrongful death action during different stages after a person’s death. Understanding these rules is essential because filing too late can impact your family’s legal rights.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought when a person’s death is caused by another party’s negligent, reckless, or wrongful conduct.
These claims commonly arise from:
- Motor vehicle accidents
- Truck and motorcycle accidents
- Medical malpractice
- Dangerous property conditions
- Defective products
- Workplace accidents
A wrongful death lawsuit is separate from any criminal case that may arise from the same incident. Even if no criminal charges are filed, eligible family members may still pursue a civil claim for compensation.
Who Can File During the First Year After the Death?
Colorado law establishes a unique order of priority for wrongful death claims.
During the first year following the person’s death, the surviving spouse generally has the exclusive right to file a wrongful death lawsuit. In some circumstances, the spouse may choose to allow the deceased person’s heirs to participate in the action.
This means that adult children and other eligible family members generally can’t independently file a wrongful death claim during the first year if a surviving spouse has priority under the law.
Who Can File During the Second Year?
The rules change once the first year has passed.
During the second year after the death, the surviving spouse and the deceased person’s heirs may have the right to bring or participate in the wrongful death action, depending on the family’s circumstances and the applicable provisions of Colorado law.
Because Colorado allows only one wrongful death action arising from a person’s death, eligible family members usually need to coordinate their claims as opposed to filing separate lawsuits.
What If There Is No Surviving Spouse?
If the deceased person wasn’t survived by a spouse, Colorado law provides alternative rules that determine who may bring the claim.
Depending on the circumstances, the right to file may belong to:
- The deceased person’s children or other heirs
- The deceased person’s parents, in certain situations
- Other individuals authorized under Colorado’s wrongful death statutes
The applicable priority depends on the family’s specific circumstances, making it important to determine who actually has legal standing before filing an actual claim.
What Is the Deadline for Filing a Wrongful Death Claim?
In most cases, Colorado imposes a two-year statute of limitations for wrongful death claims. Missing this deadline may prevent eligible family members from recovering compensation, regardless of the strength of the case.
Although two years may seem like ample time, investigating a fatal accident, gathering evidence, identifying all responsible parties, and determining who has the legal authority to file can take considerable time. Acting promptly helps to preserve evidence and protect your family’s legal rights.
How Is a Wrongful Death Claim Different From a Survival Action?
Families are sometimes surprised to learn that a wrongful death claim is different from a survival action.
A wrongful death claim seeks compensation for the losses suffered by surviving family members as a result of the death.
A survival action, by contrast, is brought on behalf of the deceased person’s estate and allows certain claims the deceased could have pursued if they had survived to continue after death. Depending on circumstances, both types of claims may arise from the same incident.
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