Colorado Wrongful Death Eligibility Assessment

Under Colorado law (C.R.S. § 13-21-201), during the first year after death, the surviving spouse has priority to file. If there is no spouse, then children or designated beneficiaries may file, followed by parents. During the second year, heirs at law and the estate representative may bring the action.

In Colorado, a wrongful death action must be filed within two years of the date of death (C.R.S. § 13-80-102(1)(d)). Certain exceptions may apply, so consulting an attorney promptly is important to preserve your rights.

Colorado imposes a statutory cap on non-economic damages (such as pain and suffering, loss of companionship) in wrongful death cases under C.R.S. § 13-21-203. However, the cap may not apply if the death resulted from a felonious killing as defined in C.R.S. § 15-11-803. Economic damages are not subject to this cap.

Wrongful death damages in Colorado may include economic damages (loss of financial support, benefits, household services, funeral expenses) and non-economic damages (loss of companionship, guidance, grief). A separate survival action may recover the decedent's pre-death damages including medical expenses and lost wages.

A wrongful death claim compensates surviving family members for their losses from the death (loss of support, companionship, etc.). A survival action recovers damages the decedent could have pursued if they had lived—such as pre-death medical expenses, lost wages, and pain and suffering before death.