Who Can File a Wrongful Death Claim in Colorado?
Under Colorado law, the surviving spouse has the exclusive right to file a wrongful death claim during the first year following the death. During this initial year, the surviving spouse may add surviving heirs such as children and grandchildren to the lawsuit, in writing.
If there is no surviving spouse, that first-year priority instead belongs to the decedent’s children, grandchildren, or other heirs, who may file immediately.
After this initial year has passed, the priority right to file a wrongful death claim broadens to include surviving heirs and designated beneficiaries, whether or not there is a surviving spouse.
If the decedent had no surviving spouse, heirs, or designated beneficiaries, parents may file a wrongful death claim. In this situation, the first-year exclusive rights that would have belonged to a spouse do not apply, and parents may step in immediately to pursue the claim.
Statute of Limitations
The statute of limitations for wrongful death claims in Colorado is generally two years from the date of the death. If you let that deadline pass without acting, you will lose your right to recover compensation.
If you have any questions about your right to file or filing deadlines, a knowledgeable Greeley personal injury lawyer can help.
Compensation in a Greeley Wrongful Death Claim
Compensation for a wrongful death in Greeley or anywhere in Colorado is designed to help surviving family members recover for their loss and the impact of their loved one’s death. Sources of compensation include economic and non-economic damages, as well as other types of damages.
Economic Damages
The economic damages in a Colorado wrongful death claim include the tangible financial losses loved ones face after the death of a family member, such as:
- Medical expenses related to the final injury or illness
- Funeral and burial/cremation expenses
- Loss of the deceased person’s income and employment benefits
- Loss of household services the deceased would have provided
Because the full financial impact of a wrongful death is not always obvious at first, a thorough and methodical approach is essential to identify and account for all immediate and long-term economic losses, so families are not left bearing costs they should not have to absorb.
Non-Economic Damages
Non-economic damages center on the grief, sorrow, and overall emotional impact of a wrongful death. These include:
- Grief and emotional suffering
- Loss of companionship, care, and affection
- Loss of guidance, support, and emotional presence
While the non-economic hardships arising from a wrongful death are more difficult to quantify, they are no less real or impactful to surviving family members.
By taking the time to truly get to know our clients and understand how the loss has affected their daily lives, our Greeley wrongful death lawyers are better positioned to present a complete and accurate picture of these damages.
Other Potential Damages
In some situations, there are other damages available under Colorado wrongful death laws, such as:
- Punitive damages: Also known as exemplary damages, this type of compensation is available in cases in which the at-fault party’s willful and egregious behavior led to the wrongful death. They are designed to punish fatal acts of wrongdoing and deter such behavior in the public at large.
- Survival action damages: A survival action provides compensation based on pain and suffering the decedent suffered prior to death, functioning much like a personal injury claim brought on the person’s behalf.
By exploring all types of damages, our attorneys seek to maximize Greeley wrongful death claims to the greatest possible extent.
A Trusted Law Firm for Wrongful Death Claims in Greeley
At Bowman Law, we have built our practice on integrity, compassion, client-centered service, and relentless advocacy.
Perhaps in no other practice area are these attributes more important than in wrongful death litigation.
Families facing the sudden loss of a loved one are not just dealing with legal questions—they are navigating grief, uncertainty, and profound disruption to their lives.
We approach every wrongful death case with the care and respect it deserves, taking the time to listen, explain the legal process clearly, and shoulder the legal burden so our clients can focus on healing.
At the same time, compassion alone is not enough. Wrongful death claims require thorough investigation, careful damage analysis, and a willingness to hold negligent parties fully accountable. Our firm has real trial experience, and insurance companies know it. That courtroom readiness strengthens our negotiating position and often leads to more meaningful settlements, because opposing parties understand we are prepared to take a case to trial if that is what justice requires.
Whether through settlement or verdict, our goal is always the same: to pursue the full measure of accountability and compensation the law allows, while standing beside our clients with honesty and unwavering advocacy.
Clear Guidance During a Difficult Legal Process
Wrongful death claims involve complex filing rules and strict deadlines. In some cases, claims become even more complex as competing interests between family members or other parties arise. In addition to these legal complications, families are struggling with grief, uncertainty about the future, and, oftentimes, financial disruption.
We guide families through these challenges, ensuring they understand their options and feel supported every step of the way. Throughout, we never lose sight of the life of life that was lost and the profound impact that loss has had on our clients and their families.
Contact Us for Strong Advocacy and Compassionate Guidance
Legal matters may seem overwhelming when you are already dealing with the grief of losing a loved one. When you are ready to explore your legal options, our wrongful death law firm in Greeley will be here for you. Contact us to arrange a free and confidential consultation with an experienced member of our legal team.
