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Losing a loved one because of another person’s negligence can leave a family facing emotional and financial consequences at the same time. When the death could have been prevented, surviving family members may also have questions about whether they can pursue compensation from the responsible party.
Colorado law does not allow just anyone to bring a wrongful death claim. Only certain people have the legal right to file, and the rules can depend on the deceased person’s family situation and how much time has passed since the death. For families in Denver, understanding who can and cannot file is an important first step.
Colorado limits wrongful death claims to certain surviving family members and other legally recognized individuals. Depending on the circumstances, those who may have the right to file include:
The right to bring a claim is not necessarily shared equally among all of these individuals. Colorado has specific rules governing who has priority, particularly during the first year following the death.
Our Denver wrongful death attorneys can review the family circumstances and determine who may have the right to pursue a claim.
A surviving spouse generally has significant rights following a wrongful death in Denver.
During the first year after the death, the surviving spouse typically has priority when it comes to filing a wrongful death action. There are circumstances in which the deceased person’s heirs may also become involved during this period, but the spouse’s rights are particularly important during the first year.
The rules change during the second year, when heirs may have broader rights to pursue the claim.
These timing rules can become important when a deceased person leaves behind both a spouse and children. Families should determine who has the legal right to act before filing a lawsuit or making significant decisions about a claim.
Children may be able to pursue a wrongful death claim following the loss of a parent.
Whether they can initiate the claim immediately can depend on whether the deceased person had a surviving spouse. When a spouse survives, that person generally has priority during the first year, subject to certain exceptions.
When there is no surviving spouse, qualifying heirs may have the right to pursue the claim sooner.
These cases can become more complicated when the deceased person had multiple children or a less traditional family structure. Rather than assuming which relative has priority, families in Denver should determine how Colorado’s rules apply to their specific situation.
Parents may have the right to file a wrongful death claim in certain circumstances, particularly when their child was unmarried and did not leave descendants.
This can apply following the death of a minor child as well as an unmarried adult child, depending on the circumstances.
A claim may seek to address losses resulting from the death, but the parents must first establish that they are among the people legally permitted to bring the action.
The existence of a spouse, children, designated beneficiary, or other qualifying party can affect who has the right to proceed.
Colorado has expanded wrongful death rights so that siblings may now have the ability to file in limited situations.
This does not mean a brother or sister can automatically file a wrongful death claim whenever a sibling dies. Generally, sibling rights become relevant when the deceased person did not leave behind other parties who have priority under Colorado law.
For example, the existence of a surviving spouse or children can prevent a sibling from independently pursuing the claim.
For some Denver families, however, this expanded eligibility can provide a path to a wrongful death claim when an unmarried person without children dies because of another party’s wrongful conduct.
Simply being in a romantic relationship with the deceased does not necessarily provide the right to bring a Colorado wrongful death claim.
This can be difficult for couples who shared their lives but were never legally married. A boyfriend, girlfriend, fiancé, or long-term unmarried partner does not automatically receive the same wrongful death rights as a surviving spouse.
Colorado does recognize certain designated beneficiaries. If an unmarried partner was formally established as a qualifying designated beneficiary with the applicable rights, the analysis may be different.
It is therefore important to determine the person’s actual legal status rather than relying only on the nature or length of the relationship.
Colorado’s restrictions mean that some people who were very close to the deceased may not have an independent right to file.
Depending on the circumstances, people who may be unable to bring their own wrongful death claim include:
The emotional closeness of the relationship does not determine who has standing to sue. Someone may have considered the deceased their closest family member and still lack the legal authority to bring a wrongful death action.
That is why eligibility should be established early in a Denver wrongful death case.
Colorado’s wrongful death rules are unusual because who may file can depend on whether the claim is brought during the first or second year following the death.
The surviving spouse generally has priority during the first year. During the second year, qualifying heirs can have broader rights to pursue the case.
This can create confusion when several family members want to take action after a fatal accident in Denver. It can also become an issue when family members disagree about how a claim should proceed.
Waiting for the second year is not necessarily advisable simply because eligibility may change. Families also need to consider filing deadlines, preservation of evidence, and the circumstances of the underlying accident.
A wrongful death claim can arise when a person dies because of conduct that could have supported a personal injury claim had the person survived.
In Denver, these claims may result from incidents such as:
Determining who can file is only one part of the case. The claimant must also establish that another person, company, or other party can legally be held responsible for the death.
A wrongful death can create losses that extend well beyond immediate funeral expenses.
Depending on the circumstances, a Colorado wrongful death claim may seek compensation for losses such as funeral and burial expenses, lost financial support, and certain noneconomic losses associated with losing a loved one.
The damages available depend on the particular family and financial circumstances.
For example, the death of someone who financially supported a spouse and children can create substantial long-term economic consequences. Other claims may focus more heavily on the personal loss experienced by surviving family members.
Evaluating damages requires looking at how the death has affected eligible survivors rather than applying the same calculation to every Denver wrongful death case.
Determining who has the right to file can prevent unnecessary disputes and delays.
A family may include several people who understandably want to pursue accountability, but Colorado law determines who is legally authorized to bring the wrongful death action. Identifying the proper claimant can allow the family to focus on investigating the death and preserving evidence.
Acting promptly can also be important because evidence may become more difficult to obtain over time. Depending on how the death occurred, useful evidence may include photographs, surveillance footage, witness statements, accident reports, medical records, vehicle data, and other documentation.
Families should also be mindful that wrongful death cases are subject to legal deadlines. Waiting too long to determine who can file could jeopardize the ability to pursue compensation.
Colorado limits wrongful death claims to certain surviving family members and legally recognized individuals. A spouse, children, parents, designated beneficiary, or, in limited circumstances, siblings may have the right to file. Friends, unmarried partners who do not otherwise qualify, and other relatives may not have an independent right to pursue the case.
If you are dealing with the wrongful death of a loved one in Denver, our attorneys are here to help. Call us today or connect with us online to schedule a consultation.
