If you are considering a wrongful death claim in Colorado, you will need to adhere to the state’s statute of limitations. Failing to meet this deadline could bar you from seeking any compensation for your loved one’s passing.

However, there are a few exceptions to this rule that your case may qualify for. Learn more about the wrongful death statute of limitations in Colorado and what to do if the deadline has already passed.

Wrongful Death Laws and the Statute of Limitations in Colorado

Each state sets distinct statutes of limitations for different types of civil lawsuits. In Colorado, the deadline for wrongful death is two years from the date of death, known as the accrual date. However, there are a few exceptions to this rule based on the cause of the person’s passing and a few other factors.

Colorado law also clarifies who is permitted to bring a wrongful death claim. This right is reserved for the victim’s surviving spouse within the first year after the death. If the spouse does not file a claim within this time, the victim’s heirs can file.

You will only have grounds for wrongful death if the victim would have been eligible for a personal injury case had they survived. Additionally, under a new Colorado law, the non-economic damages cap for these civil actions filed after January 1, 2025, is $1.5 million.

Potential Exceptions to the Statute of Limitations

In many cases, the wrongful death statute of limitations in Colorado is set in stone. However, a few exceptions may enable you to extend the deadline:

Motor vehicle accidents: The state follows a three-year statute of limitations for deaths caused by motor vehicle accidents. Colorado law specifies that these include car, truck, and motorcycle accidents.
Vehicular homicide: There is a four-year exception for vehicular homicide cases. If your loved one was killed in a car accident that involved criminal negligence or intentional murder, you will have four years to file a case.
Defendant hiding facts: If you can prove the defendant has tried to hide facts of the case to prevent relevant evidence from being discovered, you may be able to seek an extension to the statute of limitations.
Lack of knowledge: Maybe you didn’t know that a loved one died due to another person’s negligence until some time after the accident. It is important to understand the “discovery rule” in this scenario, and, working with your attorney, be clear about the statute of limitations implications. For example, they may have passed away during a medical procedure, but you did not find out that medical malpractice was at play until months later. You may be able to extend the deadline accordingly.

You will need to prove to the court that one of these circumstances applies to your case if you want to extend the deadline.

What To Do If the Deadline Has Already Passed for Your Case

If the two-year deadline has already passed, consult a personal injury attorney to determine your options. You may meet one of the exceptions to the statute, extending the deadline.

Unfortunately, the courts are typically rigid with their adherence to the statute of limitations. You may no longer have the opportunity to seek compensation.

File Your Wrongful Death Case As Soon As Possible To Avoid Missing the Deadline

Is the statute of limitations for wrongful death in Colorado approaching your case? You or the designated beneficiary must act quickly to maintain your right to compensation.

At Grant & Associates Law Firm, P.C., we help clients smoothly navigate these challenging cases. Let us take this responsibility off your shoulders while you and your family grieve.