Colorado Wrongful Death Statute of Limitations

Losing a loved one due to someone else’s negligence is devastating. In Colorado, families may seek justice through a wrongful death lawsuit. However, strict deadlines apply, and missing them can mean forfeiting your right to recover compensation. This guide explains the Colorado wrongful death statute of limitations, who can file a claim, and what steps to take if you are considering legal action.

What Is a Wrongful Death Claim in Colorado?

A wrongful death claim arises when a person’s death is caused by another’s negligent or wrongful act. According to Colorado Revised Statute § 13-21-202, the responsible party may still be held liable even though the injured person is no longer alive to pursue a claim. These cases are intended to provide compensation to surviving family members for the financial and emotional losses resulting from the death.

Examples of incidents that may give rise to a wrongful death claim include:

• Car, truck, or motorcycle accidents caused by negligence
• Medical malpractice
• Defective products
• Workplace accidents
• Acts of recklessness or intentional misconduct

Colorado’s Statute of Limitations for Wrongful Death Claims

Colorado law places specific deadlines on when a wrongful death claim must be filed. These deadlines are critical and strictly enforced.

Two-Year General Deadline

Under Colorado law, most wrongful death claims must be filed within two years of the date of death. If the lawsuit is not filed within this timeframe, the courts will likely dismiss the case, regardless of its merits.

Special Rule for Vehicular Homicide

If a death results from a vehicular homicide, the statute of limitations extends to four years. This exception acknowledges the complexities often involved in cases with criminal investigations.

Who Can File a Wrongful Death Lawsuit in Colorado?

Colorado law specifies who has the legal right to bring a wrongful death claim, and this right changes depending on how much time has passed since the death.

• First Year After Death: Only the surviving spouse may file a claim. If there is no spouse, the heirs of the deceased may bring the lawsuit.
• Second Year After Death: Both the spouse and children of the deceased may file. If no spouse or children exist, the parents of the deceased may bring the claim.
• Personal Representative: In some cases, the personal representative of the estate may also file claims on behalf of the beneficiaries.

This structure prevents multiple, competing lawsuits and ensures that the claim is brought by those most directly impacted by the loss.

Damages Available in a Wrongful Death Claim

The goal of a wrongful death lawsuit is to compensate surviving family members for the losses they have endured. Potential damages include:

• Funeral and burial expenses
• Loss of financial support and benefits
• Loss of companionship, care, and guidance
• Emotional pain and suffering of surviving family members

Colorado law also limits certain categories of damages, such as noneconomic damages, although these limits may vary depending on the circumstances of the case.

Why the Statute of Limitations Matters

The statute of limitations is more than a technicality. If you fail to file a claim in time, the court will almost certainly dismiss your case, leaving you without recourse. Insurance companies and defense attorneys are aware of these deadlines and will move to have cases thrown out if they are not filed properly and on time.

Furthermore, acting quickly can strengthen your case. Evidence such as accident reports, witness testimony, and medical records becomes harder to gather as time passes. By consulting a wrongful death lawyer promptly, you ensure that crucial details are preserved.

How Treviño Law Helps Families in Wrongful Death Cases

At Treviño Law, we understand that no amount of compensation can make up for the loss of a loved one. However, pursuing a wrongful death claim can provide financial stability and hold negligent parties accountable. Our experienced Denver personal injury attorneys guide families through every step of the legal process with compassion and determination.

We bring:

• Experience: Decades of combined legal experience handling complex wrongful death and personal injury claims in Colorado.
• Compassion: A client-centered approach that respects your grief while fighting for justice on your behalf.
• Resources: Access to expert witnesses, accident reconstruction specialists, and investigators to build the strongest possible case.
• No Upfront Fees: We work on a contingency fee basis, meaning you do not pay unless we recover compensation for you.

Steps to Take If You Are Considering a Wrongful Death Lawsuit

If you believe your loved one’s death was caused by negligence, here are important steps to protect your rights:

1. Seek Legal Guidance Immediately: Consult a wrongful death attorney to understand your rights and the filing deadlines.
2. Gather Documentation: Collect medical records, death certificates, accident reports, and any available evidence related to the incident.
3. Stay Mindful of Time Limits: Remember the two-year statute of limitations and the four-year exception for vehicular homicide cases.
4. Avoid Premature Settlements: Insurance companies may offer quick payouts that do not reflect the true value of your claim. Speak with an attorney before accepting any settlement.

Key Takeaways About Colorado’s Wrongful Death Statute of Limitations

• Most wrongful death lawsuits in Colorado must be filed within two years of the date of death.
• If the death involves vehicular homicide, families may have up to four years to file.
• The right to file a claim changes depending on whether it is the first or second year following death.
• Filing on time is critical to protecting your family’s right to compensation.

Understanding these rules is vital to ensuring that your claim is not barred by the statute of limitations. Working with an experienced attorney can make the difference between a dismissed case and a successful outcome.

Contact Treviño Law

If you have lost a loved one due to negligence in Colorado, do not wait until it is too late to act. Contact Treviño Law today for a free, no-obligation consultation. We are here to answer your questions, explain your options, and help you pursue justice.

About Attorney Jaime Treviño

Jaime Treviño is the founding attorney of Treviño Law, with offices in both Texas and Colorado. Once a defense attorney for multinational insurers, Jaime now uses his deep knowledge of defense tactics to advocate for victims and their families. He is a lifetime member of the Multi-Million Dollar Advocates Forum and a dedicated advocate who brings both compassion and courtroom strength to every case. Families turn to Jaime when they need a fierce ally in their pursuit of justice.