Losing a loved one is one of the most challenging life experiences we can have. However, losing them unexpectedly due to another person’s negligent or wrongful conduct can be anguishing and leave you angry and confused.
While money cannot bring back your loved one or compensate for your loss, recovering damages can help ease some of the financial burdens caused by their death. You must understand your rights, including the deadline for filing a wrongful death claim in Denver, CO.
If you have lost a loved one due to the negligence of another, contact our Denver wrongful death lawyers to seek compensation. Schedule a free consultation today.
What Is a Wrongful Death Claim?
The Colorado Wrongful Death Act is outlined in the Colorado Revised Statutes §13-21-201, 202, 203, and 204.
Colorado Revised Statutes §13-21-202 provides:
“When the death of a person is caused by a wrongful act, neglect, or default of another, the act, neglect, or default is such as would, if death had not ensured, have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who or the corporation which would have been liable, if death had not ensued, shall be liable in an action for damages notwithstanding the death of the party injured.”
These statutes give family members of a person who died because of another party’s negligence or wrongdoing the right to recover compensation for damages.
How Long Do I Have to File a Denver Wrongful Death Claim?
A statute of limitations is the law that sets a deadline for filing a claim to recover compensation in a civil action. If you miss the filing deadline, you cannot recover your damages.
The filing deadline for most wrongful death actions in Colorado is two years. However, there are exceptions. For example, if wrongful death is based on a hit-and-run car accident, the statute of limitations is extended to four years as outlined in Colorado Revised Statutes §13-80-102(2).
Who Can File a Denver Wrongful Death Claim?
Colorado law permits only certain persons to file a wrongful death claim. However, the list of those who may seek damages for the death of a loved one has recently been expanded by Colorado House Bill 1472 to include siblings and heirs of siblings in some cases. This change and others became effective January 1, 2025.
As now outlined in Colorado Revised Statutes 13-21-201, in the first year after death, a wrongful death claim may be filed by:
- The surviving spouse;
- Upon the written election of the surviving spouse, by the decedent’s spouse and heirs;
- Upon the surviving spouse’s written election, by the decedent’s heirs;
- If there’s no spouse, the heirs or the designated beneficiary, or
- If there is no spouse, heir, designated beneficiary, or if the deceased was an unmarried minor without descendants or unmarried adults without descendants, and there is no mother and no father of the deceased, then the siblings or heirs of the siblings will be the beneficiaries.
And in the second year after death, a Denver wrongful death claim may be filed by:
- The surviving spouse.
- The heir or heirs of the deceased.
- The spouse and the heirs of the deceased.
- The designated beneficiary of the deceased, and the heirs of the deceased; or
- The siblings or the heirs of the siblings, but only if the decedent had no surviving spouse, no heirs, and no beneficiary, or if the decedent was an unmarried minor without descendants or an unmarried adult without descendants, and had no mother and no father.
Some exceptions exist to the above list of persons who may file a claim. So, you should consult an experienced Colorado wrongful death attorney to determine your rights under Colorado’s wrongful death laws.
Contact a Denver Wrongful Death Attorney
If you have lost a loved one due to another party’s negligent or wrongful action or inaction, you may have the right to recover compensation for damages. Proving liability in a wrongful death claim can be challenging, and insurance companies will do their best to deny or devalue your claim.
You need the help of an experienced Colorado wrongful death attorney with a proven record of recovering maximum compensation in wrongful death actions. You need the help of Dan Caplis Law.
Call (303) 770-5551 or visit our contact page to schedule a free consultation. We are a serious firm for serious cases. Let us help you recover the compensation you deserve.