Colorado Wrongful Death Statute of Limitations

Losing a loved one suddenly and unexpectedly because of an accident caused by someone else’s negligence is deeply traumatic. The grief and hardship you and other family members must now endure cannot be overstated, and they should never be undervalued. 

If you’re facing the devastating loss of a loved one in Colorado, you may be considering filing a claim for wrongful death damages. The Colorado wrongful death statute of limitations sets important time limits on wrongful death claims and wrongful death lawsuits. 

Insurance companies won’t willingly hand over a settlement that you expect and deserve, so be sure to contact a Colorado wrongful death lawyer to help you navigate these complex cases and protect your right to full, fair, and complete compensation. 

At Fuicelli & Lee, we know you are going through what may be the darkest time of your life. And while nothing can right all the wrongs that have been done or eliminate your grief, we can lift some of the heavy burdens from you.

What is the Colorado Wrongful Death Statute of Limitations?

The statute of limitations sets a strict timeframe for how long you have to file a wrongful death claim. In Colorado, this timeframe is generally two years from the date of the individual’s death. 

However, the specifics of your case may influence this timeframe. For example, wrongful death cases involving motor vehicle accidents, including fatal motorcycle accidents, allow for up to three years to file a claim.

Failing to file within the statute of limitations could mean losing your right to pursue compensation, regardless of how strong your case may be. That’s why it’s important to take legal action as soon as possible.

Exceptions to the Colorado Statute of Limitations

While the general rule is two years, there are exceptions:

• Motor Vehicle Accidents: As we mentioned before, if your loved one’s death resulted from a motor vehicle accident, you have three years to file your wrongful death claim. Under Colorado law, motor vehicle accidents include:
• Car accidents
• Truck accidents
• Motorcycle accident
• Vehicular Homicide: In cases of vehicular homicide—when someone is killed due to another’s reckless or criminal driving, including drunk driving or impaired driving, the statute of limitations may extend to four years.

These exceptions reflect the varying circumstances that can surround wrongful deaths in Colorado. For more specific guidance on how these timelines might apply to your situation, consult with a Colorado personal injury lawyer as soon as you can. Taking prompt legal action can benefit you and your wrongful death claim in many ways.

Who Can File a Wrongful Death Claim in Colorado?

Colorado’s House Bill 1472 broadens eligibility for filing wrongful death claims under the Health Care Availability Act, moving beyond the previously restrictive guidelines. Now, alongside immediate family members, siblings and even their heirs can file wrongful death claims when a loved one has died due to another’s negligence. 

This expanded eligibility, effective January 1, 2025, allows more grieving family members to seek justice and compensation for their loss. If you’re uncertain about your eligibility under this new law, Fuicelli & Lee offers a free consultation to answer your questions and guide you forward.

Damages in a Colorado Wrongful Death Lawsuit

A family or estate can recover various damages in a wrongful death claim, depending on the circumstances of the accident These damages are divided into economic, non-economic, and, in rare cases, punitive damages.

Economic Damages

Economic damages compensate surviving family members for the financial losses caused by the death of their loved one. They include the tangible, measurable expenses and losses that the surviving family member would not have incurred had they not lost their loved one. These damages include:

Medical Expenses

These include all the healthcare-related costs incurred due to the decedent’s final injury or illness leading up to their death.

Loss of Future Earnings

The estimated future income that the decedent would have earned had they lived, including raises, bonuses, and career advancements.

Loss of Employment Benefits

The value of benefits the decedent would have received through employment, such as health insurance, retirement contributions, pension plans, and stock options.

Loss of Household Services

Compensation for the loss of services the decedent provided, such as childcare, housekeeping, home maintenance, or care for elderly family members.

Medical Transportation Costs

Any expenses related to transporting the decedent for medical treatment before death, including ambulance services or airlifts.

Costs of Emergency Treatment

Charges for emergency medical care, including hospital stays, surgeries, medications, and other treatments before the decedent passed away.

Loss of Inheritance

Compensation for the financial support and assets the heirs would have received as part of the decedent’s estate if they had lived a full life.

Property Damage

In cases involving accidents (such as car or truck accidents), this may include compensation for damage to property, such as vehicles, homes, or other personal belongings.

Out-of-Pocket Expenses

Any direct costs incurred by family members in relation to the decedent’s death, such as travel expenses for medical visits or handling legal affairs.

Costs of Probate and Estate Administration

Legal fees and expenses related to managing the decedent’s estate and settling their affairs.

Costs of Therapy or Counseling

If family members need therapy or counseling due to the emotional impact of the death, the expenses might be included as part of economic damages.

Funeral and Burial Costs

This includes all expenses related to laying the decedent to rest.

Non-Economic Damages

Championed by the Colorado Trial Lawyers Association (CTLA), HB 1472 also authorizes a substantial increase in the state’s cap on non-economic damages in wrongful death cases. The old limit of $598,000 is now set at $2,125,000. 

Non-economic damages compensate surviving family members for intangible losses that do not have a direct monetary value. These damages focus on the emotional and personal impact of losing a loved one. Some examples of non-economic damages commonly awarded in wrongful death cases are:

Pain and Suffering

The emotional distress and mental anguish experienced by the surviving family members due to the loss of their loved one.

Loss of Companionship

The emotional impact of losing the relationship and presence of the deceased, including the support, care, and companionship they provided.

Loss of Consortium

For spouses, this refers to the loss of affection, emotional support, and physical intimacy following the death of their partner.

Loss of Parental Guidance

Compensation for the loss of a parent’s nurturing, care, and guidance that a child would have received throughout their life.

Loss of Protection

The emotional and practical security provided by the deceased, particularly in cases where the decedent was a protector in the family.

Loss of Advice and Counsel

The intangible loss of the deceased’s wisdom, advice, and guidance, which may have played a significant role in the family.

Emotional Trauma

Psychological suffering that results from the sudden and tragic death of a loved one, potentially leading to long-term conditions such as anxiety or depression.

Loss of Enjoyment of Life

The diminished ability to experience and enjoy life due to the absence of a loved one.

Grief and Bereavement

The profound sorrow and grief that comes with the death of a family member

Punitive Damages

Punitive damages are relatively rare special damages awarded on top of economic and non-economic damages. They are intended to punish the at-fault party for egregious gross negligence or a blatant disregard for life. 

A trucking company, for instance, that knowingly puts dangerous drivers on the road or pushes its drivers to work overtime may face punitive damages when their actions result in a wrongful death. 

What Happens if You Miss the Filing Deadline?

If you miss the deadline set by the Colorado wrongful death statute of limitations, you could lose the right to file your claim. Courts are very strict when it comes to deadlines, and it’s unlikely that you’ll be able to pursue your case if you file too late. This is why taking quick legal action is essential.

Even though two or three years may seem like a long time, wrongful death cases are complex and take time to build. Critical evidence, such as witness statements and physical proof from the scene of the accident, can become harder to obtain as time passes. Securing a skilled wrongful death attorney early on ensures your case stays on track.

Common Causes of Wrongful Death in Colorado

Wrongful death claims can arise from a variety of accidents and circumstances. In Colorado, some of the most common causes include:

• Car accidents: Negligent driving, such as speeding, distracted driving, and driving under the influence, can lead to fatal car crashes. Colorado’s busy highways and snowy conditions also contribute to accidents.
• Truck accidents: Due to their size and weight, accidents involving semi-trucks often lead to catastrophic injuries or death. Trucking companies may be held responsible if their negligence or that of their drivers caused the accident.
• Motorcycle accidents: Motorcyclists are particularly vulnerable to severe injuries in crashes. Because motorcycles are considered motor vehicles under Colorado law, you have three years to file a wrongful death claim in these cases.
• Defective products: If a defective product causes a fatal injury, the manufacturer may be liable. This includes dangerous or faulty consumer products, car parts, or medical devices.
• Workplace accidents: Fatal accidents in dangerous industries like construction, mining, or manufacturing may also lead to wrongful death claims, especially if negligence or violations of safety standards were involved.
• Premises Liability: If a fatal injury occurs on someone else’s property due to unsafe conditions, the property owner may be held liable. Negligent security, unsafe properties, and a host of other hazards can lead to serious, sometimes fatal, injuries.
• Bicycle Accidents: Cyclists are often vulnerable to severe injuries in accidents involving motor vehicles. When a driver’s negligence causes a fatal bicycle accident, the victim’s family may pursue a wrongful death claim.
• Pedestrian Accidents: Pedestrians are particularly at risk in collisions with cars or trucks. Fatal pedestrian accidents often result from driver negligence, such as speeding, distracted driving, or failure to yield at crosswalks.

The Difference Between Wrongful Death and Survival Actions

In Colorado, you may also hear about survival actions, which are distinct from wrongful death lawsuits. While a wrongful death claim is brought by surviving family members to recover damages for their own losses, a survival action seeks to recover compensation for the losses the decedent suffered before death. This might include medical expenses, pain and suffering, and lost wages during the period before the death occurred.

In a survival action, it’s the decedent’s estate that files the claim. If no representative is named, the court will appoint one. The compensation recovered in a survival action goes to the estate, and it is then distributed to the decedent’s beneficiaries according to their will or Colorado law.

Why Should You Let a Wrongful Death Lawyer Handle the Insurance Company?

Insurance companies often prioritize minimizing or denying payouts in wrongful death claims to protect their profits. They may use tactics like downplaying the value of your claim or shifting blame onto the victim. A wrongful death lawyer understands these strategies and fights aggressively to secure fair compensation for your loss.

According to the Insurance Research Council, individuals who hire lawyers recover 40% more compensation than those without legal representation. Let Fuicelli & Lee handle the negotiations so you can focus on healing while we fight for the justice and compensation your family deserves.

The Importance of Acting Now

We know that taking legal action may not be the first thing on your mind after losing a loved one. However, time is not on your side. The longer you wait, the more difficult it can be to gather the evidence necessary to build a strong case. The Colorado statute of limitations is an unforgiving rule, and once that window closes, your right to seek justice is lost.

Fuicelli & Lee is here to shoulder the legal burden for you. You need to focus on processing your grief and healing while we focus on building a case that gets you the results you deserve. Whether through settlement or trial, we are committed to achieving full and fair compensation for your loss.

Contact Fuicelli & Lee Today

At Fuicelli & Lee, we understand that losing a loved one because of someone else’s negligence can make grief heavier, sharper, and unbearable at times. Knowing that the accident was preventable and that it shouldn’t have happened can intensify the pain.

If you’ve lost a loved one in Colorado due to someone else’s negligence, you don’t have to navigate this difficult journey alone. Fuicelli & Lee’s wrongful death attorneys offer compassionate guidance and aggressive representation. 

We don’t shy away from difficult and complex wrongful death cases, and we don’t back down until we get the full, fair, and complete compensation you deserve. 

Call us today at (303) 444-4444 for a free, no-obligation consultation to discuss your case and your rights. You may also reach us through our easy online consultation request form.

If you’re a fellow attorney with a complex case on your hands, we also welcome co-counsel arrangements. Many of our cases come from referrals, and we value our close working relationships with \others in the legal community to provide the best possible outcomes for clients.