Colorado's Wrongful Death Act under C.R.S. § 13-21-201 et seq. tiers who can sue by year — and HB 24-1472 just raised the noneconomic damages cap to $2,125,000.
Colorado's Wrongful Death Act, C.R.S. §§ 13-21-201 to 13-21-204, creates a tiered filing structure — who can sue depends on which year after death the claim is brought. The statute of limitations is just 2 years from the date of death under C.R.S. § 13-80-102(1)(d). HB 24-1472, effective January 1, 2025, raised the wrongful-death-specific noneconomic damages cap from approximately $679,990 to $2,125,000 — a transformative change for Colorado families.
Colorado's wrongful death statute of limitations is two years from the date of death under C.R.S. § 13-80-102(1)(d) — not two years from the crash, the medical mistake, or the negligent act, but two years from when death actually occurs. This distinction matters in cases where a crash victim survives for weeks, months, or even longer before dying from their injuries. The clock does not start until the date of death, but once it starts, two years passes faster than families in crisis expect. This deadline is also shorter than the three-year motor vehicle personal injury SOL under C.R.S. § 13-80-101(1)(n), which creates a trap: a family that heard 'three years' from a well-meaning friend or internet search may assume the same deadline applies, when in fact the wrongful death deadline is a full year shorter. If a government vehicle or government employee caused the death — a CDOT truck, a State Patrol vehicle, a city bus — the 182-day CGIA notice-of-claim deadline under C.R.S. § 24-10-109 applies on top of the two-year SOL and is a jurisdictional prerequisite. Missing the 182-day notice permanently bars the claim against the government entity even if the two-year SOL has not run. Families dealing with funeral arrangements, grief, financial disruption, and childcare crises are not thinking about government notice deadlines — which is exactly when those deadlines are most likely to be missed.
Colorado's wrongful death statute tiers the right to sue by year under C.R.S. § 13-21-201, and understanding this structure is essential because it creates both exclusivity windows and family conflict risks. In the first year after death, the claim belongs exclusively to the surviving spouse — or if there is no surviving spouse, to the heir(s) or a designated beneficiary. The surviving spouse holds the exclusive right and may, in writing, elect to permit the heir(s) to join or sue independently during the first year, but that election must be affirmative. If the spouse does not grant written permission, the children and other heirs cannot pursue the claim during year one. In the second year, the surviving spouse and heirs may jointly pursue the claim without any exclusivity restriction. HB 24-1472, signed June 3, 2024 and effective January 1, 2025, expanded the class of eligible plaintiffs by adding siblings (and the heirs of siblings) as eligible claimants in the second year — but only when no spouse, heirs, designated beneficiary, or parents survive. This tiered structure creates practical litigation complications. When the surviving spouse and the decedent's children from a prior relationship have different objectives — different settlement thresholds, different risk tolerances, or even outright family conflict — the first-year exclusivity can delay or complicate the claim. An attorney must navigate these dynamics carefully, calendar the one-year anniversary as a structural deadline, and advise the spouse on the written-election option early in the case.
HB 24-1472 transformed the damages landscape for Colorado wrongful death cases in a way that makes cases filed on or after January 1, 2025 fundamentally more valuable than those filed before. Before the bill, the wrongful-death-specific noneconomic damages cap under C.R.S. § 13-21-203 was set at a $250,000 statutory floor (uninflated), which had been adjusted for inflation to approximately $679,990 for 2024 claims. HB 24-1472 raised that cap to $2,125,000 for any wrongful death action filed on or after January 1, 2025, or any wrongful death claim that accrues on or after that date. The bill also raised the general noneconomic damages cap for non-wrongful-death personal injury under C.R.S. § 13-21-102.5 to $1,500,000. Both caps adjust biennially for inflation beginning January 1, 2028, which means the caps will continue to rise over time. Recoverable damages under C.R.S. § 13-21-203 include economic losses — net pecuniary loss, loss of services — and noneconomic losses including grief, loss of companionship, pain and suffering, and emotional distress. The felonious-killing exception in § 13-21-203(1)(a) removes the noneconomic cap entirely when the wrongful act constitutes a felonious killing as defined in C.R.S. § 15-11-803. In cases involving drunk driving deaths, homicide-adjacent recklessness, or intentional acts, the felonious-killing exception can open uncapped noneconomic damages.
Colorado's wrongful death statute now authorizes exemplary (punitive) damages under C.R.S. § 13-21-203(3) when the death was attended by circumstances of fraud, malice, or willful and wanton conduct. This is a meaningful departure from the older assumption — based on prior statutory language and case law — that punitive damages were simply unavailable in Colorado wrongful death actions. Exemplary damages cannot exceed the amount of actual damages awarded, which functionally means the punitive award can double the total recovery but cannot exceed the compensatory base. The punitive claim cannot be included in the initial pleading and may be added by amendment only after sixty days following exchange of initial Rule 26 disclosures and after a prima facie showing of a triable issue — a procedural hurdle that requires early and aggressive discovery to meet. Colorado also recognizes a separate survival action under C.R.S. § 13-20-101. The decedent's pre-death personal injury claims — pain and suffering experienced before death, medical expenses incurred before death, lost wages between the injury and death — survive to the estate and are brought by the personal representative. These are distinct from the wrongful death claim. Under C.R.S. § 13-21-203, the claimant must elect between proceeding under the wrongful death statute and the survival statute — both cannot be pursued for the same death. The election decision depends on which path maximizes total recovery given the specific facts, the available damage categories, and the applicable caps under each statute.
Legal Information Notice
The legal information on this page is for general educational purposes only and is not legal advice. Laws change, and every case is different. Always consult with a licensed attorney in your state to verify the current law and how it applies to your specific situation.
Two years from the date of death — not the date of the accident — under C.R.S. § 13-80-102(1)(d). This is shorter than the three-year motor vehicle personal injury SOL under C.R.S. § 13-80-101(1)(n). If a government vehicle or government property was involved, the Colorado Governmental Immunity Act requires a written notice of claim within 182 days under C.R.S. § 24-10-109. That 182-day deadline is jurisdictional — missing it permanently bars the claim against the government entity regardless of the two-year SOL. Families should not assume the three-year motor vehicle deadline applies to wrongful death; it does not.
Colorado's wrongful death statute tiers the right to sue by year under C.R.S. § 13-21-201. In the first year after death, the claim belongs exclusively to the surviving spouse, or if there is no spouse, to the heir(s) or a designated beneficiary. The spouse may elect in writing to allow heirs to join during the first year. In the second year, the surviving spouse and heirs may jointly pursue the claim. HB 24-1472, effective January 1, 2025, added siblings (and heirs of siblings) as eligible plaintiffs in the second year when no spouse, heirs, designated beneficiary, or parents survive. The tiered structure requires careful navigation, especially in blended families.
HB 24-1472, effective January 1, 2025, raised the wrongful-death-specific noneconomic damages cap to $2,125,000 for claims filed or accruing on or after that date. Before the bill, the cap was approximately $679,990 (the inflation-adjusted figure from the original $250,000 statutory floor). The cap adjusts biennially for inflation beginning January 1, 2028. The felonious-killing exception in C.R.S. § 13-21-203(1)(a) removes the cap entirely when the death constitutes a felonious killing under C.R.S. § 15-11-803. Recoverable noneconomic damages include grief, loss of companionship, pain and suffering, and emotional distress under C.R.S. § 13-21-203.
Yes. C.R.S. § 13-21-203(3) authorizes exemplary (punitive) damages when the death was attended by circumstances of fraud, malice, or willful and wanton conduct. Exemplary damages cannot exceed the amount of actual damages awarded. The punitive claim cannot be included in the initial pleading — it may be added by amendment only after sixty days following exchange of initial Rule 26 disclosures and after a prima facie showing of a triable issue. This procedural requirement means early, aggressive discovery is essential to lay the foundation for a punitive damages amendment. This is a meaningful change from the older assumption that punitives were unavailable in Colorado wrongful death actions.
A wrongful death claim under C.R.S. §§ 13-21-201 to 13-21-204 compensates the surviving family members for their losses — grief, loss of companionship, lost economic support. A survival action under C.R.S. § 13-20-101 allows the decedent's estate, through the personal representative, to pursue the decedent's own pre-death personal injury claims — pain and suffering experienced before dying, medical expenses incurred before death, lost wages between injury and death. Under C.R.S. § 13-21-203, the claimant must elect between the wrongful death statute and the survival statute; both cannot be pursued for the same death. Which path maximizes recovery depends on the specific facts and damage categories.
Yes. C.R.S. § 13-21-111 applies to wrongful death actions. If the decedent's fault is as great as the defendant's — 50% or more — the claim is barred entirely under the strict 50% bar. Below 50%, the recovery is reduced proportionally by the decedent's fault percentage. This means a wrongful death case involving a decedent who was partially at fault — for example, a pedestrian who was jaywalking when struck — requires the same aggressive fault-allocation strategy as a personal injury case. Every percentage point of the decedent's fault reduces the family's recovery, and at 50% the recovery disappears.
All legal information on this page is sourced from primary government statutes. Last verified 2026-04-07.
In-depth articles relevant to your wrongful death lawyer case.
Wrongful Death Claim Process: A Complete Guide for Families
Understand the wrongful death claim process step by step. Learn who can file, what compensation is available, and how long you have to act.
How Long Does a Personal Injury Case Take? (2026 Timeline)
Understand the typical timeline of a personal injury case from filing to settlement. Learn what factors speed up or delay your claim.
Statute of Limitations for Personal Injury by State (2026)
Find the statute of limitations for personal injury claims in your state. Deadlines range from 1 to 6 years. Do not miss your filing window.
Different type of accident? We connect victims with attorneys across all six practice areas.
Collected by partner attorneys for injured clients. California and Pennsylvania reviews prioritized.
“After my crash, I did not know whether to talk to the insurance company first or get treatment documented. The attorney explained the timeline and what evidence mattered.”
— California accident review, Los Angeles, CA
“I did not understand Pennsylvania limited tort or why the adjuster kept asking about my policy. Getting matched with someone local helped me know what questions to ask.”
— Pennsylvania accident review, Philadelphia, PA
Informational only. GetAccidentLawyerNow is not a law firm and does not provide legal advice. Every case is unique.
Don't wait. The 3 years statute of limitations is ticking.
Call (267) 212-1034 Now*Past results do not guarantee future outcomes. Every case is unique.