Who Can File a Wrongful Death Claim in Colorado?

The clock starts the moment you lose them. A legal clock—brutal, unforgiving, and loud. While you’re just trying to breathe, to make sense of the senseless, Colorado law is already counting down the days your family has to seek justice. Miss the deadline, and the courthouse doors slam shut. Forever.

This isn't just about grief; it's about a legal race against time. The law is savagely specific about who can file a wrongful death claim in Colorado, and it ties that right to a rigid, two-phase timeline. Only certain people can sue, and their right to do so changes dramatically after the first 365 days have passed.

Understanding this statutory hierarchy—this legal map—isn't optional. It's the only thing standing between your family and a system that will chew you up if you're not prepared. The insurance company knows the rules. They’re counting on your confusion, your grief, and your inaction. They’re waiting for you to make a mistake.

This guide will give you clarity in the chaos. We're breaking down the timeline, phase by phase, so you know exactly what to do and when to do it. Because when you’re fighting for your family, time is everything.

Phase 1: The Spouse’s Absolute Monopoly (The First 365 Days)

For the first year, Colorado law creates a legal monopoly. One person—and only one person—holds the exclusive, non-negotiable right to file a wrongful death lawsuit.

The Surviving Spouse.

Think of it as a right of first refusal that cannot be bypassed, ignored, or challenged. During this critical 12-month window, the spouse has total control. This isn't a suggestion from the legislature—it's an absolute, designed to prevent a chaotic legal scramble in the immediate aftermath of a tragedy.

But this power comes with choices. The spouse doesn't have to act alone. Through a formal, written election—not a casual conversation, but a binding legal document—the spouse can:

1. File jointly with the deceased’s lineal heirs (children, grandchildren).
2. Grant the right to file entirely to the lineal heirs.

The key is that it’s the spouse’s call, and theirs alone. No one can force their hand during this first year.

What if There's No Spouse?

If the deceased was unmarried or widowed, the right to file simply passes down the family tree. In the absence of a spouse, the claim can be filed during this first year by the deceased's lineal heirs or a legally named Designated Beneficiary.

The law ensures someone always has the standing to act from day one. But the decisions made—or not made—in these first 12 months are everything. This period isn't just for grieving; it's the most critical strategic window in the entire case.

Phase 2: The Legal Floodgates Open (Months 13-24)

On day 366, the game changes. The spouse’s exclusive right—that protective legal bubble—vanishes.

The second year can become a free-for-all. What was a single, clear path now splinters into multiple lanes. The right to file expands to three separate groups, each with an independent and equal right to sue:

1. The Surviving Spouse
2. The Lineal Heirs (children, grandchildren)
3. The Designated Beneficiary (if one exists)

Any one of these parties can now file a claim, often without needing the consent of the others. This is where a family’s grief can be weaponized against them.

This Is Where Insurance Companies Pounce

This scenario is exactly what insurance adjusters are banking on. They know the law. They watch the calendar. And they love to exploit family disagreements to delay and devalue your claim.

If a spouse wants to settle but the adult children want to fight, the insurer sees a golden opportunity. They will happily sit back while internal conflicts fester, knowing a fractured family can’t present a united front.

A family divided is an insurer’s dream. They use that chaos as leverage, making lowball offers and hoping the internal pressure forces someone to accept a fraction of what the case is truly worth.

This isn't a bug in their system—it's the entire feature. They are deliberately weaponizing the law against grieving families. The second year is a minefield, and the insurance company is counting on you to step on one.

Phase 3: When the Deceased Was Unmarried and Childless

What happens if the person who died was unmarried and had no children or grandchildren? The law doesn't throw up its hands—it just looks further down the family tree.

In these specific, tragic situations, the right to file a wrongful death claim passes to the deceased’s surviving Parents.

But for decades, Colorado law had a cruel and conspicuous blind spot. If an unmarried, childless person was killed and their parents had also passed away, their siblings had zero legal standing. That painful gap in justice has finally been fixed.

A Groundbreaking Change for Siblings (Effective January 1, 2025)

A new law, effective January 1, 2025, finally gives siblings a voice. Under this landmark update, siblings (or the heirs of siblings) can file a wrongful death claim, but only in the specific circumstance where the deceased is not survived by a:

• Spouse
• Child or grandchild
• Designated Beneficiary
• Parent

It's the last resort in the line of succession, but it's a vital one. It ensures that when a tragedy wipes out a direct family line, the courthouse doors don’t slam shut on the only relatives left to demand justice.

The Critical Distinction: Filing the Claim vs. Getting the Money

Here’s a truth that trips up so many families—and one insurance companies count on you misunderstanding: the person with the right to file the lawsuit isn't automatically entitled to all the settlement money.

This is not a winner-take-all situation.

Think of the person who files the claim as the team captain. They have the authority to get the game started. But when the game is won, the entire team shares in the victory. The "team" is strictly defined by Colorado’s laws of descent and distribution—the statutes that spell out who qualifies as a rightful "heir."

This means even if a spouse files the claim alone in year one, they can’t just pocket the settlement. That money legally belongs to all designated heirs, which might include children from a previous marriage.

To ensure fairness, the division of settlement funds almost always has to be approved by a court. A judge reviews the plan to make sure every legally entitled heir gets their share.

The right to file is a procedural key that unlocks the courthouse door. The right to recover damages is a substantive right shared by all legal heirs.

The Insurance Company’s Favorite Trick Is Delay and Divide

Let’s be crystal clear—insurance adjusters know the Colorado Wrongful Death Act better than you do. They've built their entire playbook around its rigid timelines and potential for family conflict.

Their strategy is built on one corrosive, brutally effective word: delay.

They will use every stall tactic in the book—endless paperwork, insultingly low offers, feigned sympathy—all to run out the clock on the spouse's exclusive filing window. They want to push your claim into the chaotic second year, where they can exploit any disagreement between family members.

A family divided is an insurer’s dream. They use that chaos as leverage. It's a calculated business strategy designed to prey on you at your most vulnerable moment. Don’t let them get away with it.

Your Next Steps: Secure Your Claim Before It's Too Late

The clock is ticking. The single most important deadline is the two-year statute of limitations from the date of death. Miss it, and your rights are extinguished. Period.

But the most critical strategic window is the first 12 months. The decisions made during this first year set the stage for everything that follows. You must have a plan in place before that first anniversary passes. An experienced attorney can guide your family, prevent internal conflicts, and ensure the right person is prepared to file.

The insurance company is already building its case against you. It's time to start building yours.

I know this is overwhelming. Call me. We’ll figure it out together.

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Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. The information contained herein is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act or refrain from acting based on this information without seeking professional legal counsel. Past results do not guarantee future outcomes.