How Long Do You Have to File a Wrongful Death Claim in Colorado?

A cross on the side of the road after a wrongful death accident Losing a loved one is always devastating, but it’s especially difficult when someone else’s negligence or misconduct caused the loss. If you’re considering legal action, it’s crucial to understand the timeline for filing a wrongful death claim in Colorado. 

At Jeffress Law, PC, we’ve helped families throughout Colorado pursue justice after a tragic loss. Attorney Christopher W. Jeffress and his team bring decades of experience to every case. They will guide you through the process and ensure you do not miss any critical deadlines.

The Statute of Limitations in Colorado

In Colorado, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. If a claim is filed after this time, the court will most likely dismiss it.

Certain exceptions — such as fraud, concealment, or involvement of a government agency — may affect the standard two-year timeline. Still, it’s best not to delay filing. These situations are complicated, and you will need as much time as possible to build a strong case.

Who Can File and When

The rules regarding who can file and when vary depending on the amount of time that has passed since the death. Colorado law splits the right to file a wrongful death claim into the following time-based phases:

  • The First Year After Death: Only the surviving spouse has the legal right to file a claim during the first year.
  • The Second Year After Death: If no claim was filed during the first year, the surviving children or designated beneficiaries may file.

If there is no spouse or children, the deceased person’s parents are allowed to file. Knowing these rules is vital to avoiding legal missteps during an already difficult time.

Don’t Wait to Take Action

Wrongful death cases are often complex. Evidence may disappear, witnesses may become harder to find, and insurance companies may use delays against you. That’s why it’s best to speak with an experienced attorney, like those at Jeffress Law, as soon as possible.

Speak with a Boulder Wrongful Death Attorney Today

If you’ve lost a loved one and believe someone else is to blame, don’t wait. Call Jeffress Law, PC, at 303-993-8685 or text (303) 225-9101 to schedule your consultation. We’re here to help clients in Boulder, Loveland, Longmont, Fort Collins, and the surrounding areas.

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