Denver Wrongful Death Attorney

Who Can File a Wrongful Death Claim in Colorado?

Colorado law strictly governs who has the right to bring a wrongful death lawsuit. A significant change to the law took effect on January 1, 2025, and expanded the class of individuals who may bring a claim to include the deceased's siblings in certain circumstances.

In the first year after death, the surviving spouse holds the primary and generally exclusive right to file a wrongful death claim. They also have the power to elect, in writing, to allow the deceased's heirs (typically their children) to either join their claim or file the claim themselves. If the deceased person had no spouse, the right to file belongs to the heir or heirs of the deceased (children or lineal descendants) or a designated beneficiary (if one was formally named).

In the second year after death, the right to file expands to a broader group that includes:

• The surviving spouse
• The heir or heirs of the deceased
• The spouse and the heirs jointly
• The designated beneficiary (if one exists) and the heirs jointly

Additionally, the deceased person's father and/or mother may file a claim if the deceased was an unmarried minor without descendants or an unmarried adult without descendants (and without a designated beneficiary). Following the recent change to the law, the deceased's sibling or siblings (or their heirs) may now bring a wrongful death action only if, at the time of death, the deceased had no surviving spouse, heirs, or designated beneficiary, and was either an unmarried minor or an unmarried adult without descendants, and had no living mother or father. If these conditions are met, a sibling, siblings, or their heirs can bring a wrongful death claim in the first year after death.

Colorado’s rules surrounding wrongful death claims can be confusing. Our team at Justice Now Injury Lawyers can answer your questions and clarify your legal rights and options.

How Long Do I Have to File a Wrongful Death Lawsuit in Colorado?

Generally, you have two years from the date your loved one passed away to file a wrongful death lawsuit. If your loved one’s death was the result of a hit-and-run accident, you typically have four years from the date of their passing. 

Note that the time limit in wrongful death cases is tied to the date of your loved one’s passing, which isn’t always the date they suffered fatal injuries in an accident. If you miss the applicable deadline, you will be unable to pursue your case or recover any compensation.

Two or even four years can seem like a lot of time to consider your legal options. We understand that you may be reluctant to start this process when you are actively grieving. 

However, we urge you to reach out to our team as soon as possible for the following reasons: 

• Important evidence can disappear. Accident scenes change, vehicles get repaired or destroyed, and physical evidence (like skid marks, electronic data from vehicles, and security camera footage) can be lost or overwritten within days or weeks. We can dispatch investigators immediately to secure and preserve this evidence before it vanishes.
• Witness testimony can fade. Memories are perishable. We must interview and secure detailed statements from witnesses promptly while their recollections of the accident's facts are fresh and accurate.
• Wrongful death cases are complex and take time to build. These cases require us to calculate all future financial losses, including lost earnings, lost benefits, and lost household services. We may also need to retain expert witnesses like economists, accident reconstructionists, and medical professionals to build a compelling argument for maximum recovery. This intensive preparation cannot be rushed.

Types of Compensation Available in Wrongful Death Cases

In a Colorado wrongful death action, the goal is to secure justice by compelling the negligent party to provide financial recovery to the surviving family members for the losses they have suffered. While no amount of money can make up for the loss of a cherished loved one, compensation can provide necessary financial security and accountability. 

Wrongful death compensation is usually categorized into two primary types of damages: economic damages and non-economic damages. Economic damages represent the calculable, tangible financial losses resulting from your loved one’s death. These are losses that have a specific dollar amount. 

We can pursue all economic damages, including:

• Funeral and burial costs
• The deceased’s final medical expenses
• Lost income and benefits that the deceased would have realistically earned and contributed throughout their expected working life
• Loss of household services

Non-economic damages address the non-monetary losses that inflict deep emotional and psychological harm on the surviving family. These losses are subjective, deeply personal, and often the most difficult to calculate. While Colorado caps non-economic damages, we are prepared to seek the maximum compensation your case demands within the limits of the law.

Our wrongful death attorney can fight to get your family just compensation for all non-economic damages, which may include:

• Pain and suffering
• Mental anguish
• Grief and sorrow
• Loss of consortium

In some circumstances, we may also seek punitive damages. These damages are not intended to compensate a family for their loss but instead to punish the defendant for egregious conduct involving fraud, malice, or willful and wanton disregard for human safety.

We are here to help your family navigate this challenging time and obtain the compensation you need to protect your future. If you think you may have a wrongful death case, we encourage you to schedule a time to discuss your options by calling (720) 802-1466 or contacting us online.