What this video covers
- Spouses and children file first in Colorado
- One-year rule determines who can pursue next
- Timing and relationships determine your legal standing
Video summary
When someone dies because of another person's negligence, Colorado law allows certain family members to pursue a wrongful-death claim.
But not everyone who grieves has legal standing to file.
In Colorado, spouses and children typically have the strongest claims.
Who can file a wrongful death claim in Colorado
Colorado's wrongful death statute, C.R.S. § 13-21-201, sets out who may bring the claim and when. During the first year after the death, the surviving spouse has the right to sue. The statute lets the spouse agree in writing to bring the claim together with the heirs, or to let the heirs bring it. If there is no spouse, the heirs or a designated beneficiary under article 22 of title 15 may sue.
During the second year after the death, the spouse, the heirs, or a designated beneficiary may bring the claim, and if the heirs file, the spouse or designated beneficiary may ask to join. That is the one-year rule the video describes: it controls who may file at each stage, not whether the claim is still alive.
Parents have a narrower path. Under the same statute, a father or mother may bring the claim if the person who died was an unmarried minor, or an unmarried adult with no descendants and no designated beneficiary. That is why the video says the rules are stricter for parents of adult children.
The filing deadline is a separate rule
The one-year rule is about who may file. The deadline to file is separate: C.R.S. § 13-21-204 says wrongful death actions must be brought within the time prescribed in C.R.S. § 13-80-102, which generally requires tort actions to be commenced within two years after the cause of action accrues. Some claims, such as those against a public entity, have shorter notice requirements, so the facts of the death matter. Talking with the family early about who will bring the claim can avoid problems later.
Frequently asked questions
Who can file a wrongful death lawsuit in Colorado?
Under C.R.S. § 13-21-201, the surviving spouse has the right to sue in the first year after the death, and the spouse can agree in writing to join the heirs or let them sue. In the second year, the spouse, the heirs, or a designated beneficiary may sue. Parents may sue if the person who died was an unmarried minor, or an unmarried adult with no descendants and no designated beneficiary.
Does the one-year rule mean I lose my claim after one year?
No. The one-year rule decides who may file during the first year. The filing deadline is separate and is set by C.R.S. § 13-21-204 and § 13-80-102, which generally allow two years after the cause of action accrues. Because some claims have shorter notice rules, it is worth getting the dates reviewed promptly.
Can parents bring a wrongful death claim for an adult child?
Only in limited circumstances. The statute allows a parent to sue for an unmarried adult who left no descendants and no designated beneficiary. If the adult child had a spouse or children, they come first.
How do I talk to Conduit Law about a wrongful death in Denver?
Call (720) 432-7032 for a free consultation. We review who has standing, which deadlines apply, and what the next steps are. There are no fees unless we win. This is general information, not legal advice.
Related guides and videos
- Denver wrongful death lawyer
- Who is eligible to file a wrongful death claim
- Colorado wrongful death guide
- Colorado wrongful death statute explained
- Wrongful death vs. survival action in Colorado
- Colorado wrongful death statute of limitations
Sources
- C.R.S. § 13-21-201, Action for wrongful death (who may sue)
- C.R.S. § 13-21-204, Limitation of actions
- C.R.S. § 13-80-102, General limitation of actions (two years)
Transcript
When someone dies because of another person's negligence, Colorado law allows certain family members to pursue a wrongful-death claim. But not everyone who grieves has legal standing to file. In Colorado, spouses and children typically have the strongest claims. Parents of adult children may also qualify, but the rules are stricter. If none of these relatives exist, the law may allow other dependents or heirs, though this becomes more complicated. Timing matters too. During the first year after a death, only the spouse and children can bring a claim. After that first year, other eligible parties may step in if those primary survivors don't act. This one-year window isn't a hard deadline for filing—it's a rule about who has the legal right to pursue the claim at each stage. Missing this distinction can affect your case's direction and who controls key decisions. If you've lost a loved one in an accident caused by someone else's actions, understanding who can file and when protects your family's interests and ensures the claim moves forward properly.