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Wrongful Death Claims in Colorado: Who Can File and What's Recoverable

When negligence takes a loved one, Colorado law lets surviving family pursue justice — but the rules are specific.

Who May File

Colorado law sets a specific order of who can bring a wrongful death claim, typically the spouse first, then children, then other heirs, depending on the year after death.

The Deadline

Wrongful death claims must generally be filed within two years from the date of death for wrongful death claims. The window is firm, so families should seek advice early.

Wrongful Death vs. Survival Actions

A wrongful death claim compensates the family's losses, while a survival action recovers what the deceased suffered before passing. Both may apply in a single case.

What's Recoverable

Damages can include lost financial support, lost companionship, and funeral expenses. Colorado caps certain non-economic damages in these cases.

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This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Colorado attorney.

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