Wrongful Death — Colorado

Wrongful Death in Colorado — Rights for Surviving Families

Losing a loved one due to another's negligence is devastating. Colorado law provides specific rights and remedies for surviving families.

Statute of Limitations

Colorado statute of limitations for wrongful death claims: 3 years from the date of death. Contact an attorney immediately.

Colorado Wrongful Death Act

Under C.R.S. § 13-21-201, the surviving spouse has the exclusive right to bring a wrongful death claim during the first year after the death. After one year, the deceased's children may also file. Colorado allows recovery for grief, loss of companionship, impairment of mental and physical capacity, and lost financial support — a relatively broad non-economic damages standard.

Colorado-Specific Tip

Colorado has a unique two-year window for wrongful death claims (C.R.S. § 13-21-204), but note the special first-year rule giving the surviving spouse exclusive standing. Colorado also allows a survival action for the deceased's own pre-death pain and suffering and economic losses. Both claims should be filed simultaneously by your Colorado wrongful death attorney.

📊 Colorado allows both wrongful death claims and survival actions to be filed simultaneously — ask your attorney about both.

What To Do After a Wrongful Death in Colorado

1

Contact a Colorado wrongful death attorney immediately

2

Preserve all evidence related to the incident

3

Obtain the official death certificate

4

Document all expenses — medical, funeral, and burial

5

Do NOT accept any early settlement

6

Be aware of the 3-year statute of limitations running from the date of death

7

Ask your attorney about filing both a wrongful death claim AND a survival action

Frequently Asked Questions — Wrongful Death in Colorado

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

3 years from the date of death. Colorado has a unique two-year window for wrongful death claims (C.R.S. § 13-21-204), but note the special first-year rule giving the surviving spouse exclusive standing. Colorado also allows a survival action for the deceased's own pre-death pain and suffering and economic losses. Both claims should be filed simultaneously by your Colorado wrongful death attorney.

What damages are available in a Colorado wrongful death case?

Under C.R.S. § 13-21-201, the surviving spouse has the exclusive right to bring a wrongful death claim during the first year after the death. After one year, the deceased's children may also file. Colorado allows recovery for grief, loss of companionship, impairment of mental and physical capacity, and lost financial support — a relatively broad non-economic damages standard.

Who can file a wrongful death claim in Colorado?

Under C.R.S. § 13-21-201, the surviving spouse has the exclusive right to bring a wrongful death claim during the first year after the death. After one year, the deceased's children may also file. Colorado allows recovery for grief, loss of companionship, impairment of mental and physical capacity, and lost financial support — a relatively broad non-economic damages standard. Contact a Colorado wrongful death attorney to confirm who has standing in your specific situation.

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