Wrongful Death Claims in Colorado
Colorado's Wrongful Death Act (C.R.S. §§ 13-21-201 to 13-21-204) sets who may sue on a tiered, year-based scheme: the surviving spouse generally has the exclusive right in the first year, then spouse and/or heirs, and parents may sue for an unmarried decedent with no descendants. A two-year deadline generally applies. Colorado caps noneconomic damages, but HB 24-1472 raised the cap — confirm the current figure; there's no cap for a felonious killing.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Talk to a Colorado attorney promptly — strict deadlines apply.
A wrongful death claim lets certain survivors recover when someone’s death is caused by another’s wrongful act. Colorado’s Wrongful Death Act sets specific rules on who may sue and when.
Who may sue — a tiered, year-based scheme
Colorado’s Wrongful Death Act (C.R.S. §§ 13-21-201 to 13-21-204) channels the right to sue by tier and timing:
- The surviving spouse generally has the exclusive right in the first year;
- Then the spouse and/or heirs;
- Parents may sue for an unmarried decedent with no descendants.
Getting the right plaintiff matters, because suing out of turn can defeat a claim.
The deadline
A two-year deadline generally applies (C.R.S. § 13-21-204, tied to § 13-80-102). This is separate from the year-based scheme above, so confirm both.
Damage cap — recently raised
Colorado caps noneconomic wrongful-death damages, but HB 24-1472 raised the cap on an escalating, inflation-adjusted basis. There is no single fixed figure to rely on — confirm the current cap. Note there is no cap for a “felonious killing.”
For an overview of Colorado injury rules, see the personal injury hub. To get matched with a local Colorado wrongful death attorney, connect with a lawyer.
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Start your free intakeFrequently asked questions
- Who can file a wrongful death claim in Colorado?
- It follows a tiered, year-based scheme (C.R.S. §§ 13-21-201 to 204). The surviving spouse generally has the exclusive right in the first year; then the spouse and/or heirs; and parents may sue for an unmarried decedent with no descendants.
- How long do I have to file?
- A two-year deadline generally applies (C.R.S. § 13-21-204, tied to § 13-80-102). The year-based scheme for who may sue is separate from this filing deadline, so confirm both with a lawyer.
- Does Colorado cap wrongful death damages?
- Colorado caps noneconomic wrongful-death damages, but HB 24-1472 raised the cap on an escalating, inflation-adjusted basis — there's no single fixed figure, so confirm the current cap. Note there is no cap for a felonious killing.
Sources
Related guides
- Colorado Car Accident Claims Colorado is an at-fault auto state: you pursue the driver who caused the crash and their insurer. A three-year deadline applies to motor-vehicle claims (C.R.S. § 13-80-101(1)(n)), and modified comparative negligence bars recovery once you're 50% or more at fault (C.R.S. § 13-21-111). Colorado sets minimum liability limits (commonly 25/50/15) — confirm the current statute.
- Colorado Motorcycle Accident Claims Colorado has no universal helmet law — only riders and passengers under 18 must wear one (C.R.S. § 42-4-1502), and eye protection is required for everyone. Motorcycle crash claims follow Colorado's at-fault framework: a three-year deadline for motor-vehicle claims (C.R.S. § 13-80-101) and modified comparative negligence that bars recovery once you're 50% or more at fault (C.R.S. § 13-21-111).
- Colorado Truck Accident Claims Colorado truck crash claims follow the state's at-fault framework: a three-year deadline for motor-vehicle claims (C.R.S. § 13-80-101) and modified comparative negligence that bars recovery at 50% or more fault (C.R.S. § 13-21-111). Federal FMCSA rules — hours of service, maintenance, driver qualification — layer on top, and a violation can be evidence of negligence. Cases often involve multiple defendants.
- Dog Bite Claims in Colorado Colorado imposes strict liability on a dog owner for economic damages when a person suffers serious bodily injury or death from a dog bite while lawfully on public or private property — regardless of the dog's prior viciousness or the owner's knowledge (C.R.S. § 13-21-124). Exceptions include trespassing, knowingly provoking the dog, working dogs, and certain professionals. Lesser injuries fall outside this strict-liability rule.
- Medical Malpractice in Colorado Colorado medical malpractice claims have a two-year deadline with a three-year statute of repose (C.R.S. § 13-80-102.5). Colorado caps damages under the Health Care Availability Act (C.R.S. § 13-64-302). Importantly, HB 24-1472 raised the caps on an escalating schedule starting Jan 1, 2025 — there's no single fixed figure, so confirm the current cap.
- Premises Liability in Colorado Colorado's Premises Liability Act (C.R.S. § 13-21-115) is the controlling, exclusive statutory remedy for injuries from the condition of, or activities on, real property — it replaced the common-law approach. A landowner's duty depends on the injured person's statutory class: trespasser, licensee, or invitee. The two-year general injury deadline (C.R.S. § 13-80-102) typically applies.
- Related area: Workers' Compensation in Colorado