Who can file a wrongful death lawsuit in Colorado?

The Answer

In Colorado, wrongful death claims follow a specific order of priority set by statute. During the first year after the death, only the surviving spouse may bring a wrongful death claim. After the first year, the spouse and/or the deceased's children may file. If there is no surviving spouse or children, the deceased's parents may bring a claim.

There is also a separate claim called a "survival action," which allows the estate of the deceased to recover damages the deceased would have been entitled to had they survived, such as medical bills and pain and suffering incurred before death. These two types of claims can be filed simultaneously and are often both worth pursuing. An experienced wrongful death attorney can help you determine which claims apply to your situation.

How we build and win wrongful death cases is covered in depth on the main practice page.