Principle Attorney
In Colorado, only certain family members or designated individuals have the legal right to file a wrongful death claim, and that right depends on both your relationship to the person who died and when the claim is filed. The law follows a strict order of priority, which can affect whether you can bring a claim at all.
If you have lost a loved one due to someone else’s negligence or misconduct, it takes a skilled, caring attorney to help you understand these rules and protect your rights.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought when someone dies because of another party’s negligence or misconduct. These claims are governed by Colorado’s wrongful death statute and allow surviving family members to recover damages for financial and personal losses.
Importantly, this is not a criminal case. The focus is on holding the responsible party accountable and addressing the loss’s impact on surviving family members.
Who Has the Right to File in the First Year?
Colorado law gives priority to certain individuals during the first year after death.
The Surviving Spouse Has Primary Rights
In most cases, the surviving spouse has the exclusive right to file a wrongful death claim during the first year.
The spouse may also:
- Choose to file alone
- Allow the deceased’s children (heirs) to join the case
- Give permission for heirs to bring the claim instead
If There Is No Spouse
If the deceased person was not married, the right to file may pass to:
- The deceased’s children (heirs)
- A designated beneficiary named by the deceased
This structure is designed to prioritize those most directly affected by the loss.
What Changes in the Second Year?
Colorado law expands who can file during the second year after death.
At that point, a claim may be brought by:
- The surviving spouse
- The deceased’s children (heirs)
- The spouse and children together
- A designated beneficiary
- A combination of these parties
This means that even if a spouse filed initially, other eligible parties may have the right to join the claim later. Timing matters. Who files, and when, can affect how the claim is structured and how any recovery is shared.
Can Parents File a Wrongful Death Claim?
Yes, but only in specific situations.
Parents may file a wrongful death claim if:
- The deceased was unmarried and had no children, or
- The case involves the death of a minor child
If both parents are living, they generally share the claim. If a spouse or children exist, parents usually do not have the right to file.
Do Siblings Have the Right to File?
As a result of recent changes to Colorado law, siblings may now have the right to file in limited circumstances. Beginning in 2025, siblings (and in some cases their heirs) can bring a wrongful death claim if:
- There is no surviving spouse,
- No children or designated beneficiary, and
- No eligible parents
This is a significant expansion of prior law, which did not allow siblings to file. These claims are still limited to specific circumstances, so eligibility should be reviewed carefully.
What Is a “Designated Beneficiary”?
A designated beneficiary is someone the deceased named in a legal document to receive certain benefits. In Colorado wrongful death cases, a designated beneficiary may have the right to file or join a claim, especially when:
- There is no surviving spouse, or
- The spouse allows them to participate
This can include a long-term partner or another individual with a close relationship to the deceased.
Why the Order of Priority Matters
Colorado treats wrongful death claims as a single, unified action, rather than separate lawsuits by different family members. Because of that:
- Not everyone can file independently
- Eligible parties may need to join the same case
- The timing of filing can affect who participates
This structure is meant to avoid multiple lawsuits over the same death, but it can create confusion if family members are not aligned.
How Long Do You Have to File?
In most cases, Colorado imposes a two-year statute of limitations for wrongful death claims. That means:
- You must file within two years of the date of death
- Missing the deadline can prevent you from bringing a claim entirely
However, there are two important exceptions to the 2-year time limit:
- Motor Vehicle Accidents–If the death resulted from a motor vehicle accident (including motorcycles and trucks), the deadline is typically three years.
- Vehicular Homicide–If the death involved a hit-and-run or vehicular homicide, the deadline can be extended to four years
In any event, acting sooner rather than later is the best way to protect your rights.
Legal Guidance for Wrongful Death Claims in Colorado
Wrongful death claims in Colorado involve strict rules about who has the right to file and when that right applies. If you are unsure whether you can bring a claim or if multiple family members may be involved, turn to the Law Offices of Dianne Sawaya. We can help you understand your rights, guide you through the process of pursuing a wrongful death claim, and help you find justice and closure. Reach out today to learn about your options.