Losing a loved one unexpectedly is one of the most devastating experiences a family can face. When that loss results from someone else's negligence or wrongful act, Colorado law provides a path for surviving family members to seek justice and compensation through a wrongful death claim. The Colorado Wrongful Death Act, codified under C.R.S. 13-21-201 through 13-21-204, establishes who may file, what damages are available, and how long families have to take action.
Who Can File a Wrongful Death Claim in Colorado?
Colorado prioritizes certain family members when it comes to filing wrongful death claims. In the first year after the death, the surviving spouse holds the exclusive right to file. If there is no spouse, or during the second year, the deceased's children may bring a claim. Parents are eligible if no spouse or children survive the deceased.
Thanks to House Bill 24-1472, which took effect on January 1, 2025, siblings may now file in certain circumstances when no spouse, children, or parents are available. A personal representative of the estate may also pursue claims on behalf of beneficiaries when none of these family members are able to file.
Types of Damages Available
Wrongful death claims in Colorado allow for several categories of damages:
Economic damages — These include measurable financial losses such as medical expenses incurred before death, funeral and burial costs, lost wages, and the future financial support the deceased would have provided. There is no cap on economic damages.
Non-economic damages — These compensate for grief, emotional suffering, loss of companionship, and loss of parental guidance. Prior to 2025, these damages were capped at $571,870. Under HB 24-1472, the cap has increased significantly to $2,125,000 for causes of action accruing on or after January 1, 2025.
Punitive damages — In cases involving extreme negligence or intentional harm, courts may award punitive damages to punish the responsible party and deter similar conduct.
Survival action damages — These are separate from wrongful death damages and cover losses the deceased suffered before passing, such as medical bills and pain and suffering.
The Importance of Acting Within the Statute of Limitations
Colorado generally imposes a two-year statute of limitations on wrongful death claims, starting from the date of death. Missing this deadline typically bars families from recovering compensation. Exceptions may apply in limited circumstances, such as when the responsible party is not immediately identifiable or when the claimant is a minor.
Navigating the Legal Process
Wrongful death cases involve complex legal procedures, including determining proper plaintiffs, calculating damages, negotiating with insurance companies, and potentially litigating in court. Given the recent statutory changes and the significant financial stakes involved, families benefit from working with an experienced wrongful death lawyer in Colorado who understands the evolving legal landscape.
The increase in non-economic damage caps and expanded eligibility under HB 24-1472 represent meaningful progress for Colorado families seeking accountability after a tragic loss. Understanding these rights is the first step toward securing the compensation and closure families deserve.
About the Author: Alex Zimmerman is an attorney at Hull & Zimmerman, P.C. in Northglenn, Colorado. He holds a Bachelor's degree from the University of Northern Colorado (2008) and a Juris Doctorate from Washburn University School of Law (2014), where he clerked for the Honorable Barry Grissom at the U.S. Attorney's Office for the District of Kansas and received the Clinical Legal Education Association's Outstanding Student Award. Alex is a member of the Colorado Bar Association, the Colorado Trial Lawyers Association, and the American Association for Justice, and focuses his practice on personal injury law and Social Security disability benefits.