Who Can Sue for Wrongful Death in Colorado?

Several different individuals may be able to bring a Colorado wrongful death lawsuit if their loved one died as a result of another’s negligence. Understanding who can pursue legal action and when is crucial for obtaining the compensation you and your family deserve.

The sudden loss of a family member leads not only to immense sorrow, but a number of difficult questions. How am I going to pay my bills? How will I care for my children? Will life ever be the same for us again? At Burg Simpson, our wrongful death lawyers in Denver can help you understand your legal rights and explore all avenues for recovering damages.

A Colorado wrongful death lawsuit must be brought in accordance with specific rules. Our attorneys can help with all aspects of the process, protecting your rights and advocating for the outcome you deserve.

For a FREE and confidential case evaluation, call Burg Simpson at 303-792-5595 today. Our wrongful death lawyers serve clients in Denver, Englewood, and all of Colorado.

Who Can Bring a Wrongful Death Action in Colorado?

It is important to note that it is not always necessary to file a lawsuit for the wrongful death of a loved one. As with many personal injury matters, wrongful death claims are frequently settled out of court—sometimes without having to initiate a civil case.

Unfortunately, defendants and insurance companies may not be cooperative. If they refuse to settle or offer less than your case is worth, a knowledgeable lawyer can help you determine whether filing a lawsuit is the best course of action.

The statute of limitations for wrongful death claims in Colorado is 2 years. During that time, the right to file a Colorado wrongful death lawsuit is granted to the following people:

First Year After Death

The surviving spouse is given priority to sue for wrongful death in the first year after a person dies. A spouse may also grant, in writing, the deceased’s heir or heirs the right to either (a) join the lawsuit filed by the spouse, or (b) pursue their own wrongful death claim. Heirs include children, grandchildren, and other lineal descendants.

If there is no surviving spouse, the heir(s) of the deceased or a designated beneficiary (see Colorado Revised Statutes § 15-22-103) may file a wrongful death lawsuit within the first year. Priority is given to the designated beneficiary, provided an agreement to that effect exists.

As of January 1, 2025, Colorado law will also allow surviving siblings and their heirs to bring a Colorado wrongful death lawsuit in the first year after the person has died. This right is contingent on the following:

• There is no surviving spouse, heir(s), or designated beneficiary
  AND
• The decedent “was an unmarried minor without descendants”
  OR
• The decedent was “an unmarried adult without descendants, and there is no mother and no father”

Second Year After Death

In the second year following a wrongful death, a claim may be brought by any of the following:

• Surviving spouse
• Heir or heirs
• The spouse and heir(s)
• A designated beneficiary
• Designated beneficiary and the heir(s)

A spouse or designated beneficiary can file a motion to join a Colorado wrongful death lawsuit brought by the heirs of the deceased. This motion must be filed no more than 90 days after receiving written notice of the lawsuit’s commencement.

Starting January 1, 2025, siblings of the deceased (as well as their heirs) may pursue a wrongful death claim in the second year if there is no surviving spouse, heirs, designated beneficiary, or parents.

Can Parents Sue for Wrongful Death in Colorado?

Yes. Parents may file a claim for the wrongful death of a minor child. They may also file or join a lawsuit for wrongful death if the deceased was an “unmarried adult without descendants and without a designated beneficiary” (see Colorado Revised Statutes § 13-21-201).

If both parents are alive, they are generally entitled to an equal share of any proceeds from the claim. However, if the parents are divorced, separated, or live apart, the mother or father may request that the court apportion any proceeds fairly based on the parent’s relationship with the child prior to death.

How Much Is a Wrongful Death Lawsuit Worth in Colorado?

Families may be entitled to significant compensation for the wrongful death of a loved one. The value of the claim depends on a host of different factors, including the age of the deceased at the time of death, their income and career prospects, and the financial support he or she provided to the family. 

Damages that may be recovered in a Colorado wrongful death lawsuit include:

• Lost income and financial support
• Funeral and burial expenses
• Medical expenses prior to death
• Loss of household services and support
• Grief
• Pain and suffering
• Emotional distress
• Loss of companionship

In Colorado, damages for non-economic loss (such as pain and suffering, emotional distress, etc.) are generally capped at $250,000. Beginning on January 1, 2025, the total damages in a wrongful death claim will be capped at $2,125,000.

How Are the Proceeds Divided?

Whether the case settles or the court issues a favorable judgment, the proceeds from a wrongful death claim must be distributed in accordance with Colorado’s probate and intestate succession laws. The surviving spouse and children are given priority, with designated beneficiaries, surviving parents, and siblings also potentially entitled to compensation.

It can be difficult to understand how damages are divided. We strongly recommend seeking legal counsel to help understand the distribution of wrongful death damages and who is entitled to what.

Get Help with a Colorado Wrongful Death Lawsuit

Wrongful death lawsuits can be difficult to win, and there is no guarantee of success. Choosing the right attorney is critical for obtaining the optimal result. Burg Simpson is a celebrated trial law firm with attorneys who have extensive experience in the courtroom.

Successful litigation requires experience, knowledge, and skilled preparation. We capably negotiate settlements or, if necessary, file a lawsuit and get ready for trial. The competition knows not to underestimate us in or out of court.

Contact Burg Simpson Today

Fill out our online contact form for a FREE case review. Our experienced wrongful death lawyers in Denver fight for the compensation you and your family deserve.