When a family loses someone because of another person’s or a company’s negligence, one of the first legal questions is who has the right to bring a wrongful death claim. Colorado law answers that in a set order, and the order changes after the first year.
Colorado Allows Only One Wrongful Death Case
Colorado allows only one civil action for the wrongful death of any one person (C.R.S. 13-21-203). That is why the law spells out who may file and when.
Who Can File in the First Year After the Death
During the first year, Colorado gives the surviving spouse control over the claim (C.R.S. 13-21-201(1)(a)). The claim can be brought by:
- The spouse alone
- The spouse and the heirs together, if the spouse chooses that in writing
- The heirs alone, if the spouse chooses that in writing
- If there is no spouse, the heirs or a designated beneficiary
Who Can File in the Second Year
In the second year after the death, the spouse, the heirs, the spouse and heirs together, or a designated beneficiary may file, and no written election from the spouse is needed (C.R.S. 13-21-201(1)(b)). If the heirs file in the second year, the spouse or designated beneficiary can ask to join the case within 90 days after being served with written notice of it.
When Parents Can File
Parents can bring a wrongful death claim when the person who died was an unmarried minor with no children or other descendants. For an adult, parents can file when the person was unmarried, had no descendants, and had no designated beneficiary (C.R.S. 13-21-201(1)(c)).
What Is a Designated Beneficiary?
A designated beneficiary is someone named under Colorado’s designated beneficiary law (Title 15, Article 22 of the Colorado Revised Statutes) with the right to bring a wrongful death action. If one exists, that person has a place in the order described above.
How Long Does the Family Have to File?
Most wrongful death claims in Colorado must be filed within two years, and the clock starts on the date of death (C.R.S. 13-80-102(1)(d) and 13-80-108(2)). That is true even when the death came from a car crash, where an injury claim would otherwise have three years.
The deadline is four years when the person responsible committed vehicular homicide and, in the same criminal episode, left the scene of the crash (C.R.S. 13-80-102(2)). If a public entity, such as a city or county, was involved, a written notice of claim is generally due within 182 days of discovering the injury (C.R.S. 24-10-109).
Who Receives the Recovery?
Any judgment in a wrongful death case belongs to the heirs at law of the person who died and is divided among them in the same way real estate is divided under Colorado law (C.R.S. 13-21-201(2)).
What Damages Are Available?
Economic losses, such as medical bills, funeral costs and the financial support the person would have provided, are not capped. For wrongful death claims that accrue on or after January 1, 2025, non-economic damages are capped at $2.125 million, and there is no cap when the death was a felonious killing (C.R.S. 13-21-203). Families can also choose a flat award called a solatium instead of non-economic damages. For claims that accrue on or after January 1, 2024, the Colorado Secretary of State lists that amount at $135,990 (C.R.S. 13-21-203.5).
You can read more about these rules on our Colorado wrongful death page.
Talk With Marlo Greer
If you lost a family member and are not sure who has the right to file, Marlo Greer and the team at Greer Law Group can walk through the facts with you. Call our Denver office at 303-331-6460.
