§ 1When a death is "wrongful" under Colorado law
C.R.S. 13-21-202 allows an action when a death is caused by a wrongful act, neglect or default of another, and the act would have entitled the injured person to sue if death had not followed. Put simply, if the person who died could have brought a tort claim had they survived, the family may be able to bring a wrongful death claim. The underlying wrong can be negligence, an intentional act, a defective product, or a dangerous property condition; the other guides on this site cover those theories.
StatutesC.R.S. 13-21-201 13-21-202 13-21-203 Colorado's Wrongful Death Act.
Writing about this is easier than living it. Families are often handling funeral arrangements, an estate and insurance calls at the same time the legal clock is running. This guide aims to lay out the structure clearly so that conversations with a lawyer, a probate court and insurers make more sense.
§ 2Who may file, and in what order
Colorado's statute is unusual because it changes who holds the right to sue depending on how much time has passed since the death.
| Period | Who may sue | Notes |
|---|---|---|
| First year after death | Surviving spouse. If there is no spouse, the heirs or a designated beneficiary. | Heirs or a designated beneficiary may join the spouse's action if the spouse elects in writing. |
| Second year after death | Spouse, heirs, designated beneficiary, or any of them. | Still only one action per death. |
| No spouse, heirs or designated beneficiary | The decedent's father or mother. | 2024 amendments added siblings in limited circumstances. |
"Designated beneficiary" refers to a person named in a designated beneficiary agreement under Colorado's Designated Beneficiary Agreement Act, a legal arrangement unmarried partners can use. "Heirs" in this statute has been read by Colorado courts in a narrower sense than in everyday speech, generally pointing to the decedent's descendants, which is one of several definitional questions worth asking a lawyer about.
§ 3Year one, year two: see the difference
Who holds the right to sue?
C.R.S. 13-21-201Summary of the statute's structure. Family situations vary; confirm with a licensed Colorado attorney.
Colorado allows a single civil action for the wrongful death of any one person (C.R.S. 13-21-203). If one family member files without the others, the others may lose the ability to bring their own claim. Coordination early on avoids disputes later.
§ 4What a wrongful death claim can recover
The jury may award damages it considers fair and just, with reference to the losses suffered by the people entitled to sue. In practice those losses fall into two groups.
- Economic losses: the financial support the decedent would have provided, the value of household services, and related out-of-pocket costs.
- Noneconomic losses: grief, loss of companionship, pain and suffering, and emotional stress experienced by the surviving family members.
Section 13-21-203.5 adds an option in some cases: a claimant may elect a fixed solatium amount, adjusted for inflation, instead of proving noneconomic loss. Whether that makes sense depends on the facts and on how the cap applies.
No dependents
The statute contains a limit that surprises families: where the decedent left no spouse, no minor children, and no dependent parent, the entire recovery, not only the noneconomic part, is capped at the statutory limit unless the death was a felonious killing. Deaths of adult children with no dependents, or of older adults living alone, often fall into this category, and it changes how these cases are valued.
§ 5The wrongful death cap changed in 2025
House Bill 24-1472 rewrote the wrongful death limit. For any wrongful death action filed on or after January 1, 2025 and before January 1, 2026, and for any wrongful death claim that accrues on or after January 1, 2025, noneconomic damages may not exceed $2,125,000. Inflation adjustments are scheduled to begin on January 1, 2028 and then every two years. Earlier claims remain under the older, much lower limit.
VerifyRules change. Check the current text of C.R.S. 13-21-203 and the Colorado Secretary of State's published adjusted amounts before relying on any figure.
Two carve-outs matter. There is no limit on noneconomic damages where the wrongful act was a felonious killing as defined in the probate code (C.R.S. 15-11-803). And deaths caused by health care professionals or institutions are governed by a separate schedule under C.R.S. 13-64-302, which the same bill raised in steps toward $1,575,000 by 2029.
For the parallel caps in non-fatal injury cases, see the Colorado damage caps section.
§ 6Survival claims: the decedent's own case
A wrongful death claim belongs to the family. Separately, the claims the decedent had at the moment of death generally survive and can be pursued by the personal representative of the estate under C.R.S. 13-20-101. Survival damages are narrower: they typically cover losses the decedent suffered before death, such as medical bills and lost earnings, and the statute excludes the decedent's own pain, suffering and disfigurement.
- the loss is the family's grief, companionship or lost supportWrongful death claim, brought by the people the statute names.
- the loss is the decedent's own medical bills or earnings before deathSurvival claim, brought by the estate's personal representative.
- a public entity may be responsibleGovernmental Immunity Act notice within 182 days, before any suit.
The general wrongful death filing period is two years from the date of death; the Colorado deadlines overview explains how accrual works, and the questions to ask a lawyer include several written with families in mind.
The bottom line
Identify who holds the right to sue today, keep everyone in one action, and note the date of death as the start of a two-year clock. Ask early whether the 2025 cap, the no-dependents limit or the medical malpractice schedule applies.
Colorado wrongful death questions
Who can file a wrongful death lawsuit in Colorado?
C.R.S. 13-21-201 sets an order. In the first year after the death, the surviving spouse holds the right, and the heirs or a designated beneficiary may join if the spouse elects in writing. If there is no spouse, the heirs or designated beneficiary may sue. In the second year, the spouse, heirs, designated beneficiary or any of them may sue. If none exist, the decedent's parents may bring the action, and 2024 amendments added siblings in limited circumstances.
How long do families have to file a wrongful death claim?
Generally two years from the date of death under C.R.S. 13-80-102(1)(d). Deaths connected to motor vehicle crashes, and claims against public entities that require a 182-day notice, can follow different rules, so confirm the period for your situation with a lawyer.
Is there a cap on wrongful death damages in Colorado?
Yes, on noneconomic damages. House Bill 24-1472 raised the cap to $2,125,000 for wrongful death claims accruing on or after January 1, 2025 (and for actions filed during 2025), with inflation adjustments scheduled to begin January 1, 2028. There is no cap where the death was a felonious killing as the probate code defines it. Medical malpractice deaths have their own phased schedule.
Can more than one family member sue separately?
No. Colorado allows only one civil action for the wrongful death of any one person. Family members with a right to recover have to proceed together in that single case, which is why early coordination among them matters.
What is the difference between a wrongful death claim and a survival claim?
A wrongful death claim compensates the family for their own losses. A survival claim, under C.R.S. 13-20-101, is the claim the person who died could have brought, continued by their estate. Survival damages are generally limited to losses up to the date of death, such as medical bills and lost earnings, and do not include the decedent's pain and suffering.
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Last reviewed November 2026. Colorado statutes are amended often. Check the current Colorado Revised Statutes, or ask a licensed Colorado attorney, before relying on any figure or deadline here.