A wrongful death happens when one person’s negligent or intentional actions cause someone else’s death. Colorado law lets certain surviving family members file a civil claim to seek money for what they have lost because of the death, such as income and companionship. It isn’t a criminal charge, though the same incident could be investigated and prosecuted criminally. Understanding how these claims work, and how they differ from criminal proceedings, is important because they can offer a path for families to start getting their lives back after such a devastating incident. Contact our Aurora wrongful death attorneys today for guidance on your case.
Who Can File a Wrongful Death Claim in Colorado?
Colorado law only allows certain people to bring a wrongful death lawsuit, and your rights change depending on how much time has passed since your loved one’s passing.
First Year After Death
During the first 12 months after a person’s death, usually only the spouse has this right. If the spouse wants to include heirs (like children), this can happen if the spouse puts it in writing. Sometimes, the spouse can also allow just the heirs to bring the claim by giving permission in writing. If there’s no spouse, the right moves to the deceased person’s children (the heirs) or to a designated beneficiary.
In the first year after such death:
(I) By the spouse of the deceased;
(II) Upon the written election of the spouse, by the spouse and the heir or heirs of the deceased; (III) Upon the written election of the spouse, by the heir or heirs of the deceased; or
(IV) If there is no spouse, by the heir or heirs of the deceased or the designated beneficiary, if there is one designated pursuant to article 22 of title 15, C.R.S., with the right to bring an action pursuant to this section, and if there is no designated beneficiary, by the heir or heirs of the deceased;
Second Year After Death
Once the first year has passed, more people get a chance to bring a case. The spouse can still file a wrongful death lawsuit by themselves. The heirs alone can also choose to bring a claim. If the person who passed away named a designated beneficiary, that person (along with the heirs) may also be eligible. If the heirs act first during this second year, the spouse or named beneficiary can join the claim within 90 days after being officially notified.
In the second year after such death:
(A)By the spouse of the deceased;
(B)By the heir or heirs of the deceased;
(C)By the spouse and the heir or heirs of the deceased; or
(D)By the designated beneficiary of the deceased, if there is one designated pursuant to article 22 of title 15, C.R.S., with the right to bring an action pursuant to this section, and the heir or heirs of the deceased.
(II)However, if the heir or heirs of the deceased commence an action under the provisions of sub-subparagraph (B) of subparagraph (I) of this paragraph (b), the spouse or the designated beneficiary of the deceased, if there is one designated pursuant to article 22 of title 15, C.R.S., with the right to bring an action pursuant to this section, upon motion filed within ninety days after service of written notice of the commencement of the action upon the spouse or designated beneficiary, shall be allowed to join the action as a party plaintiff.
Unmarried Decedents Without Children
Certain rules apply for someone who died unmarried with no kids and did not name a legal beneficiary. In these situations, the right to bring a wrongful death claim often passes to the parents.
(I) If the deceased is an unmarried minor without descendants or an unmarried adult without descendants and without a designated beneficiary pursuant to article 22 of title 15, C.R.S., by the father or mother who may join in the suit. Except as provided in subparagraphs (II) and (III) of this paragraph (c), the father and mother shall have an equal interest in the judgment, or if either of them is dead, then the surviving parent shall have an exclusive interest in the judgment.
Time Limits to File a Wrongful Death Lawsuit in Colorado
Colorado usually gives families two years from the date of death to file a wrongful death lawsuit. This deadline, called the statute of limitations, is strict – if you wait too long, you can lose your chance to sue.
The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, must be commenced within two years after the cause of action accrues, and not thereafter: (d) All actions for wrongful death, except as described in subsection (2) of this section;
There is an exception if the death involved a hit-and-run accident; in those cases, the time limit extends up to four years.
(2) A civil action for a wrongful death against a defendant who committed vehicular homicide, as described in section 18-3-106, C.R.S., and, as part of the same criminal episode, committed the offense of leaving the scene of an accident that resulted in the death of a person, as described in section 42-4-1601 (2)(c), C.R.S., regardless of the theory upon which suit is brought, or against whom suit is brought, must be commenced within four years after the cause of action accrues, and not thereafter.
Some other situations may extend or shorten this period, depending on the specific facts of a case. Because missing this deadline can end a case before it ever begins, it’s important to speak with a lawyer as soon as possible to understand how the rules apply to your situation.
Contact our Aurora, Colorado Wrongful Death Attorney Today
No one wants to have to file a wrongful death claim because it means dealing with a devastating loss. Unfortunately, this is a situation that happens more than any of us would like. In these cases, you shouldn’t have to handle the complicated legal aspects on your own. Let us handle the legal side of things while you focus on healing. Contact us today to schedule a free consultation at (303) 529-9662.