Wrongful Death Lawsuits in Colorado

Colorado sets an order of who may sue. In the first year after the death, the surviving spouse may sue; the spouse may also elect in writing to sue together with, or let, the deceased's heirs (children) sue. If there is no spouse, the heirs or a designated beneficiary may sue. In the second year, the spouse, the heirs, or both (or a designated beneficiary with the heirs) may sue. Siblings may sue only if there is no spouse, heir or designated beneficiary, or if an unmarried deceased person without descendants had no living parents. Only one wrongful death action is allowed per deceased person.

A wrongful death lawsuit must be filed within two years after the claim accrues. If the defendant committed vehicular homicide and left the scene of the accident in the same episode, the deadline is four years.

Yes. For civil actions filed on or after January 1, 2025 (or claims accruing on or after that date), total non-economic damages (pain and suffering, emotional stress, impairment of quality of life) are capped at $1,500,000, to be adjusted for inflation starting January 1, 2028. For actions filed before 2025, the earlier cap of $250,000 (up to $500,000 with clear and convincing justification, as adjusted for inflation) applies. Separate limits apply to medical malpractice and wrongful death. In wrongful death cases, non-economic damages are capped at $2,125,000 for actions filed in 2025 or claims accruing on or after January 1, 2025, with no limit if the death was a felonious killing. Economic damages are not capped by these sections.