Who Can File a Wrongful Death Lawsuit in Colorado?

Handcuffs on a table with a piece of paper that says "Wrongful Death" The loss of a loved one due to someone else’s negligence is devastating. The emotional toll is overwhelming, and the legal process can feel just as daunting.

If you’re wondering whether you have the right to file a wrongful death lawsuit in Colorado, the attorneys at Jeffress Law, PC, can help. They understand the complexities of wrongful death cases and have decades of experience helping clients seek justice for their loved ones.

Who Is Eligible to File a Wrongful Death Lawsuit in Colorado?

Colorado law has specific guidelines on who can file a wrongful death claim. The eligibility depends on the relationship to the deceased and the time frame in which the claim is filed.

The First Year After Death: Spouse’s Priority

The surviving spouse has the exclusive right to file a wrongful death lawsuit during the first year after the person’s passing.

If there is no spouse, the decedent’s children can file. If neither a spouse nor children exist, the decedent’s parents are able to bring a claim.

The Second Year After Death: Expanded Eligibility

In the second year, both the spouse and children may file a claim.

If there are no children, the parents can still take legal action. If multiple eligible parties wish to file, they may join together in a single lawsuit.

What About Personal Representatives?

The estate’s personal representative (executor) can file a claim for financial damages directly impacting the estate.

What Damages Can Be Recovered?

In a wrongful death lawsuit, the claimant seeks compensation for financial and emotional hardships. Recoverable damages may include:

  • Medical bills associated with the deceased’s final injury or illness
  • Lost income and benefits the decedent would have provided
  • Funeral and burial costs
  • Loss of companionship, guidance, and emotional support
  • Pain and suffering surviving family members experience

Seek Justice for Your Loved One

Have you lost a loved one due to someone else’s negligence? You may have the right to pursue a wrongful death claim. Jeffress Law’s attorneys are here to guide you with compassion and dedication.

Contact us today by calling 303-993-8685 or texting 303-225-9101. We serve clients in Boulder, Fort Collins, Longmont, and Loveland, CO.

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