After losing a loved one, knowing who has the legal right to file a claim is the first step toward justice. Here’s how wrongful death laws work in Colorado.
When a Tragedy Turns Into Questions
Nothing prepares you for the call that changes your life—the crash, the mistake, the irreversible moment that takes a loved one too soon. In the days and weeks that follow, the shock turns into heartbreak… and then into questions:
Who’s responsible? Can we hold them accountable? Do I have the right to file a wrongful death claim?
At Fisher and Associates, we walk with Colorado families through the most painful chapters of their lives. This guide will help you understand who can file a wrongful death claim in Colorado—and how the law protects those left behind.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought when someone’s death is caused by the negligence, recklessness, or intentional act of another party.
These are not criminal charges—but they are powerful legal tools that allow families to seek financial compensation for the losses they’ve suffered. Wrongful death cases are often filed after:
- Car or truck accidents
- Motorcycle crashes
- Drunk or distracted driving incidents
- Accidents involving dangerous or defective products
- Workplace accidents
- Medical malpractice
In Colorado, wrongful death law exists to recognize that while no amount of money can undo a loss, families have the right to accountability and compensation when a loved one is taken too soon.
Who Can File a Wrongful Death Lawsuit in Colorado?
One of the most misunderstood aspects of Colorado wrongful death law is who actually has the legal right to file. The answer depends on who the deceased person was and how much time has passed since their death.
Year One After the Death
In the first year following a person’s death, the surviving spouse has the legal authority to file a wrongful death claim.
- If the deceased was unmarried, then the heirs—such as children or other designated beneficiaries under law—may bring the claim.
Year Two After the Death
In the second year, the law opens up the right to file more broadly:
- The spouse, heirs, and designated beneficiaries may each bring the claim individually or together.
- If a wrongful death claim was already filed in year one, others may potentially join the suit in year two.
These rules are governed by Colorado Revised Statutes §§ 13-21-201 and 202. Timing matters—and so does understanding your relationship to the person who passed.
What Damages Can Be Recovered in a Wrongful Death Case?
A wrongful death lawsuit isn’t just about funeral costs—it’s also about the long-term impact the loss has on the surviving family members.
Colorado allows survivors to recover compensation for:
Economic Losses
- Lost wages and future income the deceased would have earned
- Medical bills incurred before death
- Funeral and burial expenses
Non-Economic Losses
- Pain and suffering of the surviving family members
- Loss of companionship and emotional support
- Loss of guidance for children
In cases involving extreme negligence, such as drunk driving or reckless behavior, punitive damages may also be awarded to punish the wrongdoer and deter future harm.
Why You Shouldn’t Navigate A Wrongful Death Claim Alone
Wrongful death claims are among the most emotionally charged and legally complex cases.
- Timing restrictions mean the window to file is limited
- Multiple parties may be involved, and disputes often arise over who can file
- Insurance companies and at-fault parties may deny responsibility or try to shift blame
- Valuing the full loss requires skilled legal and financial analysis
At Fisher Injury Law, we handle these cases with deep respect for what your family is going through—and the legal firepower to pursue justice on your behalf. We don’t hand you off to a clerk or case manager. You work directly with your attorney from day one.
We’re veteran-led, client-focused, and committed to securing every dollar you’re entitled to—not just for the costs you’ve incurred, but for the life your loved one should have lived.
You’ve Lost Enough—Let Us Help You Seek What’s Right
If you believe a loved one’s death was caused by negligence, don’t wait, even if you’re not sure.
You don’t have to face this alone. At Fisher and Associates, P.C., we’re here to help you take the next step—with strength, clarity, and compassion.
Paul Fisher founded Fisher & Associates P.C. in order to fight for justice and ensure accident victims receive the compensation they deserve. He is licensed to practice law in both the State of Colorado and the United States District Court for the District of Colorado, and focuses on all aspects of personal injury law, including car accidents, motorcycle accidents and insurance bad faith.
