Losing a family member to someone else’s negligence is devastating enough without also having to figure out whether you’re even allowed to bring a claim. Colorado’s Wrongful Death Act answers that question with a tiered, time-sensitive rule that surprises a lot of families: who can sue changes depending on how much time has passed since the death.
This guide explains who has the right to bring a wrongful death claim in Colorado, how long you have to file, and what compensation is available.
Key Takeaways
- During the first year after a death, only the surviving spouse can bring a wrongful death claim, though the spouse can elect to let the heirs join or sue instead.
- During the second year, the surviving spouse and heirs may sue together or separately. If there’s no spouse or children, parents may have the right to bring the claim.
- The statute of limitations is generally two years from the date of death, with a narrow four-year exception for vehicular homicide combined with fleeing the scene.
- Noneconomic damages are capped, currently at a higher amount than general personal injury claims, unless the death was a felonious killing, which removes the cap entirely.
- Survivors can elect a fixed solatium payment instead of proving noneconomic damages case by case.
Who Can Sue, and When
Colorado’s Wrongful Death Act, C.R.S. 13-21-201, ties the right to sue to how much time has passed since the death, which makes this one of the more unusual wrongful death statutes in the country.
- First year after death: only the surviving spouse may bring the claim. The spouse can elect in writing to let the deceased’s heirs join the claim, or to let the heirs bring the action alone instead.
- Second year after death: the surviving spouse and the heirs may sue, either together or separately.
- No surviving spouse or children: the deceased’s parents may bring the claim. A person named as a designated beneficiary may also have standing to sue.
Colorado Law
There can only be one civil action under the Wrongful Death Act for any one decedent. If more than one family member has standing, they need to coordinate rather than filing separate lawsuits.
How Long You Have to File
The statute of limitations for a wrongful death claim in Colorado is generally two years from the date of death, under C.R.S. 13-80-102. An ordinary motor vehicle death does not get a longer deadline; it stays on the standard two-year clock.
There is one narrow exception: claims get four years instead of two when the defendant committed vehicular homicide and left the scene of the accident as part of the same criminal episode. Claims against a government entity also carry their own, typically shorter, notice deadlines under the Colorado Governmental Immunity Act.
Don’t Wait
Because standing to sue itself changes over the two years after a death, confirming both the filing deadline and who is legally allowed to bring the claim early matters just as much as building the case itself.
What Damages Are Available
Under C.R.S. 13-21-203, survivors can recover economic damages (such as lost financial support and reasonable funeral and final disposition expenses) along with noneconomic damages for grief, loss of companionship, pain and suffering, and emotional stress.
Noneconomic damages in wrongful death cases are capped separately from the general personal injury cap, and the wrongful death cap is currently set higher, with periodic adjustments. If the decedent left no surviving spouse, minor children, or dependent parent, the total recovery may be limited further, unless the death involved a felonious killing, in which case Colorado law removes the cap entirely.
Good to Know
Instead of proving noneconomic damages like grief and loss of companionship case by case, survivors can elect a fixed solatium payment under C.R.S. 13-21-203.5, awarded once the defendant’s liability is established or admitted. The solatium is paid in addition to economic damages and funeral expenses, but is taken in place of proving noneconomic damages separately.
Why This Gets Complicated Fast
Between the tiered standing rules, the separate damages cap, and the solatium election, wrongful death cases involve legal choices that don’t come up in an ordinary injury claim. Electing the solatium instead of pursuing full noneconomic damages, for example, is a strategic decision that depends heavily on the specific facts and the strength of the liability case. Getting it wrong, or missing the window during which only certain family members can sue, can derail a claim before it starts.
At Cave Law, we help families understand exactly where they stand, who has the right to bring the claim, and which path to compensation makes sense for their situation. If you’ve lost a loved one due to someone else’s negligence, call (303) 680-9000 for a free consultation.
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Frequently Asked Questions
Who is allowed to file a wrongful death claim in Colorado?
It depends on the timing. In the first year after death, only the surviving spouse can sue, though the spouse can let the heirs join in or sue instead. In the second year, the spouse and heirs can sue together or separately. If there’s no spouse or children, parents may have the right to bring the claim.
How long do I have to file a wrongful death claim?
Generally two years from the date of death. A narrow four-year exception applies only when the death involved vehicular homicide and the driver fled the scene as part of the same criminal episode.
Is there a cap on wrongful death damages in Colorado?
Noneconomic damages are capped, with the wrongful death cap set separately from and higher than the general personal injury cap, subject to periodic adjustment. The cap is removed entirely if the death was a felonious killing.
What is a solatium, and should I elect it?
A solatium is a fixed payment survivors can choose instead of proving noneconomic damages like grief and loss of companionship individually. It’s paid in addition to economic damages and funeral expenses once liability is established. Whether to elect it depends on the specific facts of the case, and it’s worth discussing with an attorney before deciding.
Can more than one family member file separate wrongful death lawsuits?
No. Colorado law allows only one civil action under the Wrongful Death Act per decedent, so family members with standing need to coordinate rather than filing separately.
Last reviewed by Jeremy Cave, Cave Law LLC.