Bereaved Rights

State wrongful death guide

Colorado Wrongful Death Law Guide

This guide explains Colorado wrongful death rules in plain language—who can file and when, what damages are available, and how Colorado’s damage caps and deadlines affect grieving families.

Quick facts for Colorado

  • Who can file: In Colorado, the right to file a wrongful death case follows a strict timeline. During the first year after death, the surviving spouse has the exclusive right to sue (with limited written exceptions). In the second year, the surviving spouse, the deceased person’s children, or both together may file, and if there is no spouse or children, the parents may bring the claim.
  • Deadline to file: Most Colorado wrongful death lawsuits must be filed within two years of the date of death, with special rules for deaths involving hit-and-run motor vehicle crashes and a few other situations.
  • Key statute: Colo. Rev. Stat. §§ 13-21-201 to 13-21-203

Types of compensation families may pursue

  • Funeral, burial, and memorial expenses
  • Final medical expenses related to the fatal injury
  • Loss of the decedent’s financial support, benefits, and services
  • Loss of care, companionship, and guidance for spouse, children, and parents
  • Grief, emotional stress, and loss of enjoyment of life for survivors
  • Optional lump-sum solatium in place of proving non-economic damages
  • Punitive (exemplary) damages in certain egregious cases

Colorado caps non-economic damages in most wrongful death cases under Colo. Rev. Stat. § 13-21-203 and § 13-21-102.5, with inflation-adjusted limits in roughly the mid–six-figure range depending on when the claim accrues. Higher or uncapped non-economic damages may be available if the death results from a 'felonious killing.' Economic damages are generally not capped.

Colorado wrongful death law guide

Grief does not move in a straight line, and neither do the legal rules that apply after a sudden loss. Colorado’s wrongful death laws are detailed and time-sensitive. When you are already overwhelmed, it can feel like a maze.

This guide walks through the Colorado-specific rules so you can understand, in straightforward language, who can bring a claim, what damages might be available, and what deadlines matter.

1. What is a Colorado wrongful death case?

Colorado’s wrongful death statutes (primarily Colo. Rev. Stat. §§ 13-21-201 to 13-21-203) allow certain family members to sue when a death is caused by another’s wrongful act, neglect, or default. :contentReference[oaicite:14]{index=14}

Common sources of wrongful death claims include:

  • Motor vehicle crashes (including drunk or distracted driving)
  • Trucking and commercial vehicle collisions
  • Dangerous property or building conditions
  • Medical negligence or nursing home neglect
  • Defective products or machinery
  • Criminal acts such as assault or homicide

A wrongful death case is a civil lawsuit aimed at financial accountability. It is separate from any criminal case the state might pursue.

2. Who can file a wrongful death claim—and when?

One of the most important features of Colorado law is the timeline-based priority system for who may file.

First year after death: spouse’s exclusive right

During the first year after the date of death:

  • The surviving spouse has the exclusive right to file a wrongful death lawsuit.
  • No one else—not even adult children or parents—can file on their own, unless the spouse makes certain formal written elections. :contentReference[oaicite:15]{index=15}

The spouse can:

  • File a lawsuit in their own name, or
  • Give written consent for the decedent’s children to join the case, or
  • Give written consent to allow the children to file on their own.

If there is no surviving spouse, the decedent’s heirs or a designated beneficiary may file in that first year.

Second year after death: more people can file

Once the one-year anniversary of the death has passed, the rules change. During the second year:

  • The surviving spouse may still file.
  • The surviving children may file, either alone or together with the spouse.
  • A properly designated beneficiary may be able to file in some circumstances. :contentReference[oaicite:16]{index=16}

If there is no spouse and no children, the parents of the deceased may bring the claim within the two-year statute of limitations.

Colorado also recognizes designated beneficiary agreements that, when properly executed and filed, can give an unmarried partner similar rights to a spouse in the wrongful death context. :contentReference[oaicite:17]{index=17}

Because this hierarchy is strict and the deadlines are unforgiving, a short conversation with a Colorado wrongful death attorney early on can prevent painful surprises later.

3. What is the statute of limitations in Colorado?

For most cases, the statute of limitations for a Colorado wrongful death claim is two years from the date of death. :contentReference[oaicite:18]{index=18}

There are important variations:

  • Hit-and-run or certain vehicular homicide cases: the deadline may be extended (for example, some motor vehicle cases have a three-year window).
  • Claims against government entities: may have shorter notice deadlines and different caps.
  • Dram shop (claims against bars or alcohol servers): often have a one-year limitation period.

Missing the applicable deadline usually bars the claim permanently, no matter how strong the facts might be.

4. What damages can be recovered?

Colorado allows both economic and non-economic damages in wrongful death cases, subject to specific statutory rules and caps. :contentReference[oaicite:19]{index=19}

Economic damages (no general cap)

These cover financial losses, such as:

  • Funeral, burial, and memorial expenses
  • Final medical bills related to the fatal injury or illness
  • The income, benefits, and services the decedent would likely have provided over their expected lifetime

Economic damages are generally not capped in Colorado wrongful death cases.

Non-economic damages (capped)

Non-economic damages cover the human, intangible losses, including:

  • Grief and sorrow
  • Loss of companionship and society
  • Emotional distress and loss of enjoyment of life

Under Colo. Rev. Stat. § 13-21-203 and § 13-21-102.5, these non-economic damages are capped at an inflation-adjusted amount—roughly in the mid–six-figure range depending on when the claim accrues. :contentReference[oaicite:20]{index=20}

Important nuances:

  • The cap applies per claim, not per defendant.
  • In some medical malpractice cases, additional caps apply under separate statutes.
  • Colorado allows an alternative “solatium”—a fixed lump sum in lieu of proving non-economic losses—for families who prefer a simpler approach.

Felonious killing exception

If the wrongful death was caused by a “felonious killing” as defined in the slayer statute (certain forms of murder or manslaughter), there is no cap on non-economic damages under § 13-21-203. :contentReference[oaicite:21]{index=21}

Punitive damages

In rare cases involving fraud, malice, or willful and wanton conduct, Colorado may allow exemplary (punitive) damages to punish and deter. These are governed by separate statutes and strict standards.

5. Special Colorado rules: one action, survival claims, and more

A few additional Colorado-specific points:

  • One civil action. Only one wrongful death action may be brought for the death of a person, even if multiple eligible family members exist. The court can consolidate multiple filings into a single case. :contentReference[oaicite:22]{index=22}
  • Survival actions. The decedent’s estate may bring a survival claim to recover certain damages the person suffered before death (such as medical expenses and lost wages between injury and death), which is separate from but often litigated alongside the wrongful death claim. :contentReference[oaicite:23]{index=23}
  • Governmental and special statutes. If the defendant is a government entity, or if the claim arises under specific statutes like the Ski Safety Act or the Governmental Immunity Act, additional caps and procedures may apply. :contentReference[oaicite:24]{index=24}

Because these overlay rules can get complicated, especially when accidents happen in ski areas, on public roads, or in medical settings, most families benefit from a detailed review by a Colorado wrongful death attorney.

6. What families can do next

If you are considering a Colorado wrongful death claim, it may help to:

  1. Mark the key dates. Note the date of death and, if known, the date of the underlying injury or accident. These dates drive the limitations period and who can file.
  2. Collect essential documents. Death certificate, police reports, medical records, employer statements, and any insurance or coroner correspondence.
  3. Clarify relationships. Create a simple list of spouse, children (including adopted or step-children), parents, and any designated beneficiary agreement.
  4. Speak with a lawyer early. Because the spouse’s rights in the first year and the two-year statute of limitations are strict, an early conversation can preserve options even if you choose not to file right away.

You do not have to make big decisions while you are still in shock. But knowing your timelines and options can keep those decisions from being made for you by default.

7. Important disclaimer

This Colorado wrongful death guide is general information only. It:

  • Does not create an attorney–client relationship
  • Is not a substitute for legal advice
  • May not capture every recent legislative change or appellate case
  • May apply differently depending on the specific facts of a real case

If you have lost a loved one and believe someone else may be responsible, consulting with a Colorado wrongful death attorney is the safest way to get advice tailored to your situation and deadlines.

Common questions about wrongful death

These answers are general information only and are not legal advice. Laws can change, and how they apply depends on your specific situation.

How long do I have to file a wrongful death claim in Colorado? +

For most cases, Colorado gives families two years from the date of death to file a wrongful death lawsuit. That two-year statute of limitations is the general rule, and if it is missed, the claim is usually lost. There are important variations. Certain motor vehicle cases, such as some hit-and-run crashes, can have a longer limitation period. Claims against government entities often come with much shorter notice deadlines and special procedures. Dram shop claims against bars or alcohol servers may also have their own, shorter time limits. Colorado’s wrongful death laws also use a strict filing hierarchy. In the first year after death, the surviving spouse usually has the exclusive right to file or to give written permission for children to file or join the case. In the second year, children and sometimes parents have broader ability to file, depending on whether there is a spouse or designated beneficiary. Because the two-year window and the first-year priority rules can interact in confusing ways, it is wise to speak with a Colorado wrongful death attorney as early as you reasonably can. They can map out the exact deadlines that apply in your situation. This is general information only and not legal advice.

Who can file a wrongful death claim in Colorado? +

Colorado has very specific rules about who can file a wrongful death lawsuit, and those rules change depending on how much time has passed since the death. The key statute is Colo. Rev. Stat. § 13-21-201. In simple terms, it creates a **two-year window** with different rights in the first and second year: **First year after the date of death** For the entire first year, the **surviving spouse** has the **exclusive right** to file a wrongful death claim. No one else can file unless the spouse makes a formal written election. During this year: - The spouse may file a lawsuit alone; - The spouse may give written consent for the children to join the lawsuit; or - The spouse may give written consent allowing the children (the “heirs”) to file on their own. If the deceased person did **not** leave a surviving spouse, then in that first year a wrongful death lawsuit may be filed by the **heirs** (usually the children) or by a **designated beneficiary** under a properly executed designated beneficiary agreement. **Second year after the date of death** If no case is filed in the first year, the rules broaden in the second year. Between the first and second anniversary of the death: - The surviving spouse can file; - The surviving children (heirs) can file; - The spouse and children can file together; and - In some circumstances, a designated beneficiary can also file, with or without the children. If there is **no surviving spouse and no surviving children**, the **parents** of the deceased may file a wrongful death claim within the two-year statute of limitations. **Who may not file?** In most situations, the following people do **not** have independent standing to file a Colorado wrongful death claim: - Siblings - Grandparents - Unmarried partners who are not designated beneficiaries - Friends or more distant relatives They may still be emotionally and even financially affected, but the statute does not give them the legal right to bring the lawsuit. Because these rules are technical and deadlines are strict, it is easy for families to misread who can file and when. If there is any disagreement within the family, or if the spouse is hesitant to move forward while the children want to, it is especially important to get legal advice early so everyone understands their rights and options. This explanation is general information only and not legal advice for any particular situation.

What damages are available in a Colorado wrongful death case? +

Colorado wrongful death law allows eligible family members to recover both economic and non-economic damages, with some important caps and special options. Economic damages cover financial losses, such as funeral and burial expenses, final medical bills related to the fatal injury, and the income, benefits, and services the deceased person would likely have provided over their expected lifetime. These damages are generally not subject to a hard dollar cap. Non-economic damages compensate for the human side of the loss: grief, sorrow, and the loss of companionship, care, and guidance. Colorado places statutory caps on most non-economic damages in wrongful death cases. The exact numbers adjust over time for inflation and depend on when the claim arises, but they typically fall in the mid–six-figure range for most cases. Families sometimes have the option to choose a fixed lump-sum amount called a solatium instead of proving the full extent of non-economic damages. In cases involving a felonious killing, the usual cap on non-economic damages may not apply, allowing a higher or uncapped recovery in that category. In rare cases where the conduct was fraudulent, malicious, or willful and wanton, Colorado may also allow exemplary, or punitive, damages to punish and deter. Because the interaction of damage caps, solatium options, and felonious-killing rules can be complex, a Colorado wrongful death attorney can help you understand which types of damages may be available in your situation. This is general information only, not legal advice.