As a woman-owned personal injury law firm serving Boulder, Colorado, Debbie Taussig Law can sympathize with how challenging it is to lose a loved one unexpectedly, especially due to someone else’s negligence. When such tragedies occur, Colorado law provides a path for surviving family members to seek justice financially through a wrongful death claim. However, there are specific rules governing who can file a wrongful death claim and when.
Below, we’ll discuss who is eligible to bring forth a wrongful death claim in Colorado and outline some key elements of the relevant Colorado statutes.
Understanding Wrongful Death Claims in Colorado
A wrongful death claim allows specific family members to seek financial compensation for losses they suffer when a loved one dies due to the wrongful act, neglect, or default of another person or entity. This type of claim differs from criminal charges, as it is a civil matter where the goal is not to punish the defendant but rather to provide financial relief to the deceased’s survivors.
In Colorado, wrongful death claims are governed primarily by the Colorado Revised Statutes, Title 13, Article 21, specifically § 13-21-201 through § 13-21-204. These statutes define who can file a wrongful death lawsuit, the types of damages that may be pursued, and the timeline for bringing a claim.
Who Can File a Wrongful Death Claim?
Colorado law specifies the individuals who have the right to file a wrongful death claim, and this right is prioritized by a specific timeline. In most cases, only close family members of the deceased are eligible to pursue a wrongful death claim. Here’s how the eligibility process works:
- The First Year After the Death: Spouse Has Priority
- During the first year following the date of death, only the deceased’s spouse has the exclusive right to file a wrongful death claim.
- If the deceased was married at the time of their passing, their spouse is given priority, but they may choose (in writing) to include the deceased’s children in the lawsuit.
Relevant Statute: C.R.S. § 13-21-201(1)(a)(I)
- The Second Year After the Death: Spouse and Children May File Jointly
- In the second year after the death, the right to file a wrongful death claim is expanded. Both the spouse and any surviving children of the deceased have the right to file, either jointly or separately.
- This allows family members to pursue the claim together if they choose or independently if needed.
Relevant Statute: C.R.S. § 13-21-201(1)(b)
- If There Is No Spouse or Children: Parents May File
- If the deceased individual did not have a spouse or surviving children, then their parents are eligible to file a wrongful death claim.
- Parents may also file if the deceased was a minor and unmarried.
Relevant Statute: C.R.S. § 13-21-201(1)(c)
- Personal Representatives May File for Estate Claims
- A separate claim called a survival action can be filed by the personal representative of the deceased’s estate. This is distinct from a wrongful death claim and seeks compensation for the deceased’s pain and suffering or medical expenses incurred before death. This is used when a deceased person did not die immediately from their injuries.
Relevant Statute: C.R.S. § 13-21-202
Every Wrongful Death Claim is Different
Every wrongful death claim in Colorado is unique because each case reflects the specific circumstances, relationships, and impacts surrounding a tragic loss. Factors such as the deceased’s age, earning potential, family structure, and the circumstances of the incident all play significant roles in shaping the claim. For example, claims involving the loss of a young parent with minor children may emphasize future lost wages and long-term emotional impact, while cases involving an elderly parent may focus on companionship and grief.
Because each claim has its own nuances, a personalized approach is essential for building a strong case that addresses the distinct needs of the surviving family members and honors the legacy of their loved one. There are often outside factors that need to be considered, such as if the deceased was legally divorced, the former spouse does not retain any legal standing to file a claim on behalf of the deceased. Instead, the right to bring a wrongful death action would pass to the deceased’s children, if any. In cases where the deceased has no surviving spouse or children, the right to file falls to the deceased’s parents. Understanding this hierarchy of rights can be critical for families navigating the complexities of a wrongful death claim in Colorado, especially when blended family situations or prior marriages add an additional layer of complexity.
What to Do Next?
Filing a wrongful death claim can feel overwhelming in the midst of grieving a loved one’s loss. That’s why our compassionate team at Debbie Taussig Law is here to help navigate you through this challenging time. As a woman-owned law firm, we understand that you need a team who will fight for you and your family, while also giving you the compassionate support along the way.
If you have questions about your eligibility or the process involved in filing a wrongful death claim, we invite you to contact us for a free consultation. Our team is here to help you understand your options, determine the best course of action, and pursue justice for your loved one. Call us today at 303-442-0176.
