How Long Do You Have To File a Wrongful Death Claim in Colorado?

 Posted on April 13, 2026 in Wrongful Death

Losing someone because of another person's negligence is devastating. Accidental deaths are more common than many families realize. The CDC reported 197,449 unintentional injury deaths in the United States in 2024 alone. Behind every one of those deaths is a family facing the same difficult question: What are my rights, and how much time do I have? Those families are often also dealing with mounting bills, lost income, and an uncertain future.

Colorado law gives surviving family members the right to pursue a wrongful death claim, but that right comes with a strict deadline. If you are thinking about filing a claim in 2026, understanding the time limits now could protect your family's ability to recover compensation. An experienced Fort Collins, CO personal injury attorney can help you act before it is too late.

What Is the Statute of Limitations for a Wrongful Death Claim in Colorado?

Colorado gives families two years from the date of death to file a wrongful death lawsuit. Under C.R.S. § 13-80-102, once that window closes, a court will almost certainly refuse to hear the case, no matter how strong the evidence is. This deadline also runs separately from any criminal case. If there are both civil and criminal charges filed against the liable party, waiting on a prosecutor's outcome can cost you your right to sue entirely, even if the criminal case results in a conviction.

Who Can File a Wrongful Death Claim in Colorado, and When?

Colorado's wrongful death law, found at C.R.S. § 13-21-201, determines not just the deadline but also who may file and when.

In the first year after the death, the surviving spouse usually has the first right to file under C.R.S. § 13-21-201. The spouse can also choose in writing to let the heirs join the case or bring it. If there is no surviving spouse, the heirs or a designated beneficiary may be able to file.

In the second year, the spouse, the heirs, or both may bring the claim under C.R.S. § 13-21-203, depending on the family situation. Because Colorado’s rules are specific, it is important to confirm who has the right to file before the deadline passes. This two-tiered structure is unique to Colorado and often catches families off guard. An attorney can help you figure out exactly where your family stands under this framework.

Are There Any Exceptions That Can Extend the Deadline To File a Wrongful Death Claim in Colorado?

In most cases, Colorado gives families two years to file a wrongful death lawsuit. There are some exceptions, but they are limited. For example, the deadline can extend to four years in certain cases involving a fatal crash where the at-fault driver also left the scene. Medical negligence cases can also follow different timing rules under a separate law.

If the person who died was a child, the timing and who can file may be different depending on the situation. Courts look closely at the facts before allowing any change to the standard deadline.

Also, if your claim may involve a city, county, or state agency, you may have to give formal notice within 182 days of discovering the injury. Missing that shorter deadline can block your case, even if the two-year limit has not passed.

Because these rules are strict, it is important to have a lawyer review your case as soon as possible.

Why Is it Important to Take Legal Action Quickly After a Wrongful Death in Colorado?

Building a strong claim takes longer than most families expect. Evidence disappears fast. Surveillance footage gets overwritten. Witnesses forget details. Accident reconstruction experts need to examine vehicles and road conditions while the evidence is still intact.

Starting early also gives your attorney time to identify every liable party. In truck accident deaths, responsibility can extend to the trucking company, a manufacturer, or a cargo loader. It can even reach a government entity if a dangerous road condition contributed to the crash. The more parties involved, the more complex the case becomes, and the more time your attorney needs to build it properly. Missing one responsible party can significantly reduce what your family recovers.

Contact a Larimer County, CO Wrongful Death Attorney for a Free Consultation

Families dealing with a wrongful death deserve guidance from someone who knows Colorado law and genuinely cares about the outcome. Attorney Hoggatt is a member of the Colorado Trial Lawyers Association and is committed to helping Colorado families navigate some of the most difficult moments of their lives. Hoggatt Law Office, P.C. offers free consultations, so there is no cost to find out whether your family has a claim and how much time remains to act. Call 970-225-2190 today to speak with a Fort Collins, CO personal injury lawyer who will listen and help you understand your options.

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