What Is a Wrongful Death Claim? A Beginner’s Guide for Families in Colorado

Losing a loved one is among the most painful experiences a family can endure. When that loss is caused by someone else’s carelessness or misconduct, the grief is compounded by a need for answers, accountability, and justice. In these moments, a wrongful death claim can provide a path for families to seek financial compensation and legal recognition of their loss. At Harding & Associates, P.C., we understand that the legal process may feel overwhelming, especially during a time of mourning. This guide is written to help families in Colorado understand the legal definition of wrongful death, who can bring a claim, what damages may be recovered, and how an experienced Denver wrongful death attorney can support you throughout this process.

What Qualifies as a Wrongful Death in Colorado?

A wrongful death occurs when an individual dies as the result of another person or entity’s negligent, reckless, or intentional actions. These cases are handled through civil court and are separate from any criminal proceedings that may also occur. Under Colorado Revised Statutes §§ 13-21-201 through 13-21-204, a wrongful death claim allows surviving family members to recover compensation for the personal and financial impact of their loss. These claims can arise from a variety of fatal incidents, including:

• Motor vehicle accidents (including DUI-related crashes)
• Medical malpractice
• Workplace injuries or unsafe job conditions
• Fatal pedestrian or bicycle accidents
• Defective products or unsafe equipment
• Premises liability (such as fatal slips and falls)

To establish a wrongful death case in Colorado, the family must show that:

• The at-fault party had a legal duty of care
• That duty was breached through action or inaction
• The breach directly caused the decedent’s death
• The surviving family members suffered measurable losses as a result

Who Can File a Wrongful Death Claim in Colorado?

Colorado law specifies who may bring a wrongful death lawsuit and when they are permitted to do so. This right is structured over the course of two years following the date of death:

• In the first year, only the spouse of the deceased may file the claim.
• In the second year, the spouse and children may file. If there is no surviving spouse or children, the parents may pursue the claim.
• If none of the above parties exist, a designated beneficiary (identified in legal documents by the deceased) may file.

It is important to note that the statute of limitations for wrongful death claims in Colorado is two years from the date of death (C.R.S. § 13-80-102). This deadline remains in effect for 2025, and failure to file within this window typically results in forfeiture of the right to compensation.

Survival Actions

In some cases, the personal representative of the deceased’s estate may bring a related legal action known as a survival claim. Unlike wrongful death claims, which compensate the surviving family, a survival action seeks to recover damages the deceased would have been entitled to if they had lived—such as lost wages or medical expenses prior to death.

What Types of Damages Are Recoverable?

Wrongful death claims in Colorado are intended to ease the financial burden on surviving family members and acknowledge the profound emotional loss. Compensation falls into two main categories:

Economic Damages

• Funeral and burial expenses
• Medical expenses related to the final injury or illness
• Lost wages and benefits the deceased would have earned
• Loss of financial support for dependents

Non-Economic Damages

• Grief and emotional distress of surviving family members
• Loss of companionship, love, and consortium
• Loss of care, guidance, and nurturing (particularly for minor children)

As of January 1, 2025, the cap on non-economic damages in Colorado wrongful death cases is $2,125,000.00, but this is only for 2025. This figure does not apply in cases involving felonious killing, where the cap is removed entirely. In rare cases, punitive damages may be awarded. These are not meant to compensate the family but rather to punish the defendant for especially egregious or willful conduct and to deter similar behavior.

How Harding & Associates, P.C. Supports Families

Pursuing a wrongful death claim is not just a legal process—it is an emotional journey. At Harding & Associates, P.C., we provide experienced, compassionate legal representation to families seeking justice during one of the most difficult times of their lives. Our legal team helps by:

• Investigating the cause of death and identifying all responsible parties
• Preserving and gathering key evidence, including expert analysis
• Calculating the full scope of economic and non-economic losses
• Managing communications and negotiations with insurance companies
• Filing court documents in accordance with Colorado’s legal procedures and timelines

We work closely with you and your family to ensure that your case is handled with sensitivity, diligence, and respect. Every life has value, and every family deserves to be heard.

FAQs About Wrongful Death Claims in Colorado

What is the difference between a wrongful death claim and a criminal case?

A wrongful death claim is a civil lawsuit brought by family members seeking monetary damages. A criminal case is brought by the state and may result in jail time, fines, or probation for the defendant.

Can multiple people file the same wrongful death claim?

Colorado law controls who may bring a claim during the two-year window after death. However, eligible individuals may choose to file a joint claim through legal coordination with an attorney.

What is a survival action?

A survival action is a legal claim brought by the deceased person’s estate to recover compensation for medical expenses, lost income, and pain and suffering experienced prior to death.

Will we need to go to court?

Many wrongful death cases are settled outside of court. If the insurance company refuses a fair settlement or liability is disputed, litigation may become necessary. Harding & Associates, P.C., prepares every case for trial if needed.

How long does the claim process take?

While some claims resolve in several months, others may take a year or more depending on the complexity of the case, whether litigation is required, and the availability of evidence.

Contact Harding & Associates, P.C. Today

If your family is grieving the loss of a loved one due to another’s negligence, you don’t have to navigate this difficult time alone. The compassionate attorneys at Harding & Associates, P.C. are here to help you pursue justice and financial recovery with care and clarity. Call 303-762-9500 today to schedule your free consultation and take the first step toward honoring your loved one’s memory through legal action.