What Is the Statute of Limitations for Wrongful Death Claims in Colorado?

Losing a loved one due to someone else’s negligence or misconduct is a deeply traumatic experience, and the emotional and financial toll it takes on families can be overwhelming. In Colorado, the legal system allows surviving family members to seek justice through a wrongful death claim. However, there are strict deadlines for initiating these claims, known as the statute of limitations. Missing this deadline can have serious repercussions, making it critical for families to be aware of the time limits and any exceptions that may apply. 

What Is the Statute of Limitations for Wrongful Death in Colorado?

Under Colorado law, the statute of limitations for filing a wrongful death lawsuit is typically two years from the date of the deceased person’s death. This means that surviving family members or designated representatives must file their claim within two years of the death occurring, not the date of the incident that led to the death. Failing to file within this two-year period almost always results in the loss of the right to pursue legal action, regardless of the strength of the underlying case. As such, understanding when the clock starts ticking and ensuring all legal paperwork is filed in time is essential for any wrongful death claim.

The two-year period begins on the date of death, not on the date of the accident or incident. For example, if someone suffered a severe injury in a car accident and passed away several months later due to complications, the statute of limitations would begin on the day they died, not the day of the car crash. This is an important distinction because it can provide a bit of extra time for families to decide on pursuing a claim, but it can also lead to confusion and missed deadlines if not properly accounted for.

Are There Any Exceptions to the Statute of Limitations in Colorado?

While the two-year statute of limitations is the general rule, there are exceptions that may alter the filing deadline. These exceptions can either extend or, in some cases, shorten the filing period, depending on the circumstances. Being aware of these exceptions is essential to ensure that families do not unintentionally miss their opportunity to file a claim. Below are some of the most common exceptions that may apply in Colorado wrongful death cases:

• Criminal Acts: If the wrongful death is the result of a criminal act, such as a homicide, the statute of limitations may be extended. In these situations, the family may wait until the criminal case concludes before proceeding with their civil claim. However, it is generally advisable to file as soon as possible to preserve evidence and protect the claim’s validity.
• Delayed Discovery: In rare cases, the discovery rule may apply, allowing the statute of limitations to start when the family becomes aware of the negligence or wrongdoing that led to the death. This is most commonly seen in medical malpractice cases, where the cause of death might not be immediately apparent. For instance, if a surgical error led to an internal injury that wasn’t discovered until months later, the statute of limitations would start when the family became aware of the true cause of death.
• Minors as Beneficiaries: If the person entitled to file the wrongful death claim is a minor, the statute of limitations may be tolled until they turn 18. This exception ensures that children have the opportunity to pursue a claim on behalf of their deceased parent or guardian, even if the standard two-year period has passed.
• Claims Against Government Entities: If the wrongful death claim involves a government entity, such as a public hospital or city employee, the rules change significantly. Under the Colorado Governmental Immunity Act (CGIA), the family must provide a formal notice of claim within 180 days of the death. If this deadline is not met, the claim will likely be barred, and the family will lose the right to pursue compensation.

Given the complexity of these exceptions, it is highly recommended to consult with a wrongful death attorney who can assess your specific case and determine if any exceptions apply. Acting quickly and understanding the nuances of the law can make a significant difference in the success of your claim.

Who Can File a Wrongful Death Claim in Colorado?

In Colorado, only certain individuals are allowed to file a wrongful death claim, and eligibility changes depending on how much time has passed since the death. Understanding who can file is crucial for ensuring that the claim is valid and not dismissed on procedural grounds. The following rules apply to wrongful death claims in Colorado:

• First Year After Death: During the first year following the death, the surviving spouse has the exclusive right to file a wrongful death lawsuit. No other family members, including children, parents, or siblings, can file a claim during this period unless the surviving spouse explicitly waives this right.
• Second Year After Death: In the second year following the death, the children of the deceased may file a wrongful death claim, either separately or jointly with the spouse. If the deceased has no surviving spouse or children, the parents of the deceased may be eligible to file during this period.
• Claims Filed by the Estate: If there are no surviving spouses, children, or parents, a representative of the deceased’s estate may file a wrongful death claim. This is typically done to seek compensation for losses that affect the estate itself, such as funeral expenses and outstanding medical bills.

Understanding these rules is critical because filing a wrongful death claim too early or too late can result in the case being dismissed. Consulting with an experienced wrongful death attorney can help ensure that your claim is filed correctly and that the appropriate party initiates the legal action.

What Happens If You Miss the Deadline?

Failing to meet the statute of limitations deadline can have devastating consequences for families seeking justice. If the deadline is missed, the court will likely dismiss the case outright, leaving the family without any legal recourse to recover compensation for their losses. This means that even if there is clear evidence of negligence or wrongdoing, the family will be barred from pursuing a claim.

Additionally, even if your case might qualify for an exception, the courts tend to interpret these exceptions narrowly. Any delay can weaken the case, make evidence harder to gather, and reduce the chances of a successful outcome. This is why it is essential to act quickly and begin building a case as soon as possible to ensure that all deadlines are met and evidence is preserved.

Contact Pribila and Fields Today

If you have lost a loved one due to someone else’s negligence, contacting an experienced wrongful death attorney is a critical step. An attorney can help assess your case, determine the specific statute of limitations that applies, and identify any exceptions that might extend the filing period. They can also ensure that your claim is filed within the appropriate timeframe and that your family’s rights are fully protected under Colorado law.

The legal system can be overwhelming, especially for grieving families, but working with a knowledgeable attorney can make a significant difference. For more information on your rights and the specific statute of limitations for wrongful death claims in Colorado, our experienced wrongful death attorneys are here to help.

If you have questions or need guidance on how to proceed, reach out to us today. We are committed to helping families obtain the justice they deserve and ensuring that their loved one’s legacy is honored.