In Colorado, the surviving spouse generally has the primary right to file a wrongful death claim during the first year after death. The spouse may bring the action jointly with the deceased’s children or permit the children to participate in the claim. If there is no surviving spouse or children, the right to bring the claim may pass to the deceased’s parents under Colorado law, depending on the circumstances set out in the statute.
Wrongful Death vs Survival Action in Colorado
There are two distinct types of wrongful death lawsuits that can be brought against a party who has wrongfully caused the death of another.
- Wrongful death lawsuits are usually brought by surviving family members. They seek compensation for the damages they sustained due to the loss of a loved one. Damages are paid directly to the plaintiffs.
- Survival actions are brought by the deceased person’s estate. They are often handled in tandem with wrongful death lawsuits. They seek compensation that the deceased would have been able to claim had they survived, and any proceeds become part of the deceased’s estate.
Although no amount of money can truly compensate you for the loss of a loved one, wrongful death and survival actions can help provide financial stability, hold the responsible party accountable, and ensure that the losses suffered by both the family and the estate are properly recognized under the law.
Statutes Governing Wrongful Death Claims in Colorado
In Colorado law, Colo. Rev. Stat. § 13-21-202 confirms the right of those injured by the loss of someone close to them to claim compensation. Damages and procedure are governed by Colo. Rev. Stat. § 13-21-203. The definition of who may claim is set forth in Colo. Rev. Stat, § 13-21-201. It specifies that during the first year after the death:
- A surviving spouse has the right to file a wrongful death claim in Colorado during the first year.
- A surviving spouse may file along with the deceased’s children if the spouse agrees to this in writing.
- A surviving spouse may choose to nominate the children alone as claimants if they do so in writing.
- If there is no spouse, the children, or a legally named beneficiary, may file a wrongful death claim during the first year.
- If there is no spouse, children, or legally named beneficiary, the parents may file.
- In limited circumstances, siblings or heirs may bring a claim, but only if there is no surviving spouse, children, or parent.
In Colorado wrongful death cases, the first year gives the surviving spouse priority to file and control the claim, including whether children participate. In the second year, the spouse and children may both bring or continue the action, with broader participation allowed depending on whether the case has been filed.
Why Colorado Law Closely Defines Who Can File a Wrongful Death Claim in Colorado
By specifying a clear order of priority for the filing of wrongful death claims, Colorado law works to reduce conflicts among potential claimants. It aims for the creation of a single, coordinated claim, with those who were closest to the deceased being recognized as possible beneficiaries. For information relevant to a wrongful death claim in your context, consult our Denver wrongful death lawyer.