What Qualifies as a Wrongful Death Case in Colorado?

 Posted on July 04, 2025 in Wrongful Death

Losing a loved one because of someone else’s negligence has more than just emotional implications. Family members are often left with devastating financial repercussions while grieving. Colorado law offers families a way to seek justice and compensation through a wrongful death claim, and an experienced Fort Collins, CO wrongful death lawyer can help.

How Does Colorado Law Define Wrongful Death?

Under Colorado Revised Statutes § 13-21-202, a wrongful death refers to a person dying because of another party’s careless, reckless, or intentional acts. Many types of incidents can result in a wrongful death claim. Among the most common are car accidents involving speeding or distracted driving. Intoxicated drivers can cause severe accidents that lead to death as well. Other potential wrongful death claims can result from medical malpractice, defective products, and criminal acts like assault.

Who Can File a Wrongful Death Claim in Colorado?

Colorado law, under § 13-21-201, strictly outlines who can file a wrongful death claim on behalf of a loved one. During the first year after death, only the surviving spouse can file, unless they allow the deceased’s children to file or join the claim. If the deceased was unmarried, children or a designated beneficiary may file. In the second year, the spouse, children, or a designated beneficiary can bring a case. When a child of the deceased files, the spouse or beneficiary has 90 days to join the claim. Finally, in cases involving no surviving spouse, children, or beneficiary, the parents may bring the wrongful death action.

Consider an example that happened right here in Larimer County. In 2023, a 28-year-old man died after he was hit by a car on I-25 in Fort Collins. A Larimer County sheriff’s deputy used a taser on the young man while he was near traffic, causing him to collapse into the roadway, where a passing vehicle struck him. The deceased man’s family argued that the officer acted negligently and filed a wrongful death lawsuit. In 2024, The Colorado Sun reported that Larimer County agreed to pay the family a $5 million settlement, recognizing the devastating loss suffered by his loved ones.

What Are the Key Elements of a Wrongful Death Case?

To succeed in a wrongful death claim, certain facts must be proven in court, including that:

• The person or party being sued owed a duty to act safely and responsibly toward the person who died.

• The person or party failed to meet that duty.

• There is a direct link between the breach of duty and death.

• The death led to real losses, like funeral costs, lost income, and the emotional pain suffered by family members.

For example, consider the case involving the man tased by a Larimer County sheriff. The man’s family likely claimed that the deputy’s decision to use a taser near a busy highway was a breach of duty. That action directly led to the man falling into traffic and being fatally struck. Because of this action, the family suffered immense emotional and financial damages. The substantial settlement demonstrates how these elements can come together in a wrongful death claim.

Talk to an Experienced Fort Collins, CO Wrongful Death Attorney Today

If your family member died because of someone’s negligence or wrongful act, you may be entitled to financial compensation. It cannot replace what you lost, but it may offer some solace. A Larimer County, CO wrongful death lawyer at Hoggatt Law Office, P.C. can help you understand the laws that apply to your case and adequately value your claim. Call 970-225-2190 to schedule your free consultation today. Se habla Español.