What Is the Colorado Wrongful Death Statute of Limitations?

Rob Wilhite | | Wrongful Death
sad daughter

Did your family lose a loved one due to someone else’s negligence in Colorado? Preventable deaths due to careless drivers, dangerous workplaces, medical malpractice, defective products, irresponsible property owners, and other negligent parties happen all too often in our community. If you’ve lost a loved one in an accident or due to a wrongful act, you can seek accountability through a wrongful death action.

However, seeking justice through a Colorado wrongful death lawsuit can be complicated. Only specific individuals are allowed to file these actions, you have a small window to act, and proving who is liable for your family member’s death can be challenging. If you are pursuing a wrongful death claim, it is recommended that you hire an attorney with specific experience handling these types of cases in Colorado. You want to be sure to have a caring, highly skilled lawyer on your side.

For more than 40 years, The Wilhite Law Firm has provided compassionate legal representation for our clients. We understand how difficult things can be after the tragic loss of a loved one. Our firm is dedicated to helping you pursue the accountability and justice you and your family deserve.

The Colorado wrongful death lawyers at The Wilhite Law Firm are here to help grieving families seek answers and justice. Call us or reach out to us online now for a free consultation to discuss your rights and legal options. Contact our Denver wrongful death lawyer today.

What Is the Colorado Wrongful Death Statute?

Colorado’s wrongful death statute, also known as the Colorado Wrongful Death Act, establishes the requirements for filing a wrongful death lawsuit.

Typically, the surviving family can pursue a wrongful death claim if the decedent could have brought a personal injury claim had they survived. Wrongful death claims may arise from accidents such as:

Damages such as the deceased’s medical and funeral expenses could apply to a wrongful death claim. There is also the potential to recover non-economic damages like pain and suffering.

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

In most cases, wrongful death lawsuits must be filed within two years of the deceased’s death. However, there are certain circumstances in which the court can extend the period outlined in the statute of limitations. For example, wrongful death cases related to hit-and-run car accidents have a four-year statute of limitations.

However, the court will almost certainly dismiss the case as untimely if a lawsuit is filed after the statute of limitations has expired on a wrongful death claim. In that situation, the surviving family members will lose the right to pursue compensation and accountability from those at fault for their loved one’s death.

Two years sounds like a long time, but it can go by much faster than you think. More importantly, wrongful death cases take a long time to build, and critical evidence can disappear in the days or weeks after the deceased’s death. It is important to hire a wrongful death attorney as soon as possible after a fatal accident to make sure that they can secure vital evidence before it is lost or destroyed and to give them the time to build a strong case on your family’s behalf.

An experienced wrongful death lawyer from The Wilhite Law Firm can help ensure that your claim stays on track and all action is taken within the established timeframe.

How Long Will a Wrongful Death Claim Take?

The duration of a wrongful death action in Colorado can vary widely, influenced by several key factors:

  • Settlement vs. trial – Most wrongful death claims are resolved through out-of-court settlements, often concluding within a few months. But if the parties decide to go to trial, the process can extend for years due to the complexity of court scheduling, the need for detailed proceedings, and the possibility of appeals.
  • Case preparation – Preparing a strong case takes time to gather evidence, consult experts, and build a compelling argument. This essential stage can lengthen the timeline before even filing the formal claim.
  • Evidence complexity – The complexity and volume of evidence can also extend the timeline. Cases that demand extensive investigations, numerous witness interviews, and detailed legal arguments will take longer to resolve.
  • Other legal delays – Slowdowns may occur due to legal motions, the discovery process, and lengthy negotiations between parties. Each of these stages requires careful management to ensure a comprehensive and fair approach to the wrongful death claim.

What Should a Family Do After Losing a Loved One?

Above all, remember to look after your emotional and mental health. It’s vital to seek support from professionals who understand the emotional challenges you face. One critical ally is an attorney with hands-on experience in wrongful death claims in Colorado. They can provide compassionate support and allow you to focus on your healing while they pursue your legal interests and prepare to file a wrongful death claim.

You can help your attorney by gathering any evidence you have related to your loved one’s death, such as medical records, accident reports, and witness contacts. Keep a detailed list of all expenses, from medical bills to funeral costs. Organizing this information now can be crucial for building a solid case.

Can a Fatal Car Accident Be a Wrongful Death?

T-bone accident happening along the highway in Colorado.A fatal car accident might lead to a wrongful death claim if another party’s negligence caused your loved one’s fatal injuries.

For example, if your family member died while a passenger in a vehicle, you might be entitled to pursue a wrongful death claim against the driver at fault for the accident. If your loved one was a driver killed in a crash caused by the driver of another vehicle, you may have a wrongful death claim against that motorist. If the driver who caused the accident was speeding, impaired by drugs or alcohol, distracted, ran a red light, or failed to follow the rules of the road in some other way, that driver would likely be found negligent.

You might also have a wrongful death claim if your loved one’s car accident was due to a design or manufacturing defect in their vehicle.

What is the Difference Between Wrongful Death and Survival Actions?

In addition to a wrongful death claim, a survival action could help you and your family obtain compensation for your loved one’s passing. A survival action is similar to a wrongful death claim. However, the two are legally distinct.

Key differences between wrongful death claims and survival actions include:

  • Wrongful death claims are intended to compensate eligible surviving family members of a decedent, such as a spouse and children. The compensation is for their financial and personal losses due to their family member’s passing. Conversely, a survival action seeks to recover compensation for the decedent’s losses due to their injury and death, including costs of medical treatment, lost income, and funeral and burial expenses.
  • Wrongful death claims may be filed by the eligible surviving family members of a decedent. However, a survival action must be brought by the representative of the decedent’s estate. This is usually the estate’s executor or administrator.
  • Financial recovery in a wrongful death claim is paid directly to the eligible family members. The compensation received in a survival action is paid to the decedent’s estate. That money is then distributed according to the terms of the decedent’s will (if they had one) and Colorado estate law.
  • Compensation in a wrongful death claim is typically not considered taxable income. Money recovered in a survival action and distributed to a decedent’s beneficiaries and heirs may be subject to inheritance taxes.

Contact a Colorado Wrongful Death Lawyer Today

Since 1977, the Colorado wrongful death lawyers at The Wilhite Law Firm have stood up for people who’ve lost family members in preventable accidents in our community. We understand that the loss of a loved one, especially due to someone else’s negligence, is a devastating situation.

Don’t wait until it is too late to seek the justice you and your family deserve. We offer a free, no-obligation consultation to discuss your situation and the timeline for taking legal action. Contact us today to learn more about how The Wilhite Law Firm can help you.

Author: Robert Wilhite
Robert Wilhite

Rob Wilhite is a proud Colorado and Texas personal injury litigator. From an early age, he knew he wanted to become a lawyer. After graduating from the University of Colorado Boulder in 2000, he then earned his J.D. from the University of Tulsa School of Law in 2004. Rob has since dedicated his career to helping injury victims secure the accountability and compensation they deserve. From personal injury and insurance bad faith to premises liability and defective products, Rob has handled numerous case types in jurisdictions throughout the country. Every day, he proudly deploys his extensive experience as an attorney fighting for the rights of his clients. As Managing Partner, he ensures that the firm’s values consistently reflect his passion for helping others through the law.