Who Can File a Colorado Wrongful Death Lawsuit in 2025?

Losing someone you love due to another’s negligence or misconduct is heartbreaking. In Colorado, the law gives surviving family members the ability to seek compensation and justice through a wrongful death lawsuit. But one of the most common questions we hear at Pribila & Fields is, “Am I allowed to file a wrongful death claim?”

Wrongful death law in Colorado outlines who has the legal authority to bring a claim and when. If you're in this situation, it’s critical to know where you stand. This post walks through eligibility rules for 2025 and explains how Colorado law prioritizes different family members at different times.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit brought against a person, company, or organization responsible for causing someone's death through negligence, recklessness, or intentional harm. These cases often arise from fatal car accidents, motorcycle crashes, medical mistakes, workplace incidents, or defective products.

Unlike a criminal prosecution, which aims to punish the offender, a wrongful death lawsuit is designed to provide financial compensation to surviving family members who are dealing with emotional and economic loss.

Who Has the Right to File a Claim in Colorado?

Colorado’s wrongful death statutes (found in C.R.S. §§ 13-21-201 through 204) define exactly who can bring a claim and when. The eligibility changes based on how much time has passed since the person’s death.

First Year After Death

In the first 12 months after the death, the law limits filing rights to the surviving spouse. Only they may initiate a wrongful death lawsuit during this period.

If the deceased had no surviving spouse, then one of the following individuals may bring a claim:

• Biological or adopted children
• A legally designated beneficiary (such as a life partner)
• Parents of the deceased (if there is no spouse or children)

In some cases, the spouse may opt to share filing rights with other eligible individuals. This must be done formally and in writing.

Second Year After Death

Beginning in the second year, other family members are also granted the right to file a claim. These may include:

• The deceased’s children, even if the spouse is still alive
• The parents of the deceased, if there is no surviving spouse or children

This two-stage timeline is designed to prioritize the spouse in the first year while also recognizing the rights of children and parents afterward. But it can also create confusion, especially when multiple relatives are interested in filing.

What Happens When Multiple Family Members Qualify?

In many cases, several people may be eligible to bring a wrongful death claim—particularly when a spouse and adult children are involved. Colorado law allows for joint filings, where multiple parties work together as co-plaintiffs. However, if family members cannot agree on how to proceed, legal disputes may arise.

Our team at Pribila & Fields has experience helping families through this sensitive process. We aim to minimize conflict and ensure the case moves forward in a way that honors the deceased while protecting the family’s legal rights.

Is the Estate Also Involved?

Yes. In addition to wrongful death claims, the deceased’s estate may pursue what’s known as a survival action. This is a separate legal claim brought by the personal representative of the estate to recover damages the deceased would have been entitled to if they had survived—such as lost wages or pain and suffering.

Survival actions are not for the family’s benefit directly, but they do impact the total financial recovery and can support dependents named in the estate plan.

Time Limits to Be Aware Of

Colorado law sets strict time limits—known as statutes of limitations—on wrongful death claims. In most cases, you have two years from the date of death to file. However, if the fatality was caused by a car crash, that window may extend to three years.

It’s also important to act promptly because of the tiered eligibility system. If you’re a child or parent of the deceased, you may need to wait until the second year begins before you’re able to file. An attorney can help you understand the exact timing and prevent unnecessary delays.

What Damages Can Be Recovered?

A wrongful death lawsuit can help families recover compensation for:

• Funeral and burial expenses
• Loss of financial support (such as income the deceased would have earned)
• Loss of companionship, guidance, and services
• Emotional pain and mental suffering

Non-economic damages—like grief and loss of companionship—are subject to limits under Colorado law. But in cases involving gross negligence or reckless behavior, punitive damages may also be available to punish the wrongdoer.

We’re Here to Help You Through the Legal Process

Filing a wrongful death lawsuit is a major step, but you don’t have to do it alone. At Pribila & Fields, we help families in Colorado Springs understand their rights and pursue justice with dignity and determination. We’ll take care of the legal details so you can focus on healing and honoring your loved one’s memory.

If you’ve lost someone due to negligence or misconduct, contact us today to schedule a compassionate and confidential consultation. We’re ready to stand by your side.