Who can file a wrongful death claim in Colorado?

Civil authorities will not act in most wrongful death cases. It is up to the loved ones of the deceased to enforce justice. In the case of a deceased adult, the following parties have standing to sue in the first year after death.

• The surviving spouse
• Heirs, if the spouse permits or there is no spouse
• The decedent’s designated beneficiary

If the surviving spouse does not take action in the first year, the following individuals have a right to bring suit in the second year:

• Surviving children
• Parents, if the decedent was not married and did not have children
• A designated beneficiary

In the case of a child, the parents have the sole right to bring suit.

The statute of limitations for wrongful death cases in Colorado is two years from the date of death. However, there are shorter time limits in certain situations as to who can bring the claim when, especially if there are mixed families.

What compensation is available in a Colorado wrongful death case?

Loved ones with standing to sue for wrongful death may recover for their losses, which may include:

• Loss of financial support
• Loss of affection, companionship, guidance and consortium

A representative of the decedent’s estate may also initiate a survival action to recover damages the decedent suffered prior to death, such as the costs of hospitalization, as well as funeral and burial costs.

Contact a determined team of insurance bad faith litigation attorneys

Flanders, Elsberg, Herber & Dunn, LLC helps families in Colorado seek justice in wrongful death cases. Since 1871, our attorneys have provided close, personal service to injured parties and their distressed loved ones. To schedule a consultation, call us at 303.569.6513 or contact our Longmont office online.