Jake Kimball | September 3, 2026 | Personal Injury \ Wrongful Death
When a loved one dies because of someone else’s actions, filing a lawsuit may not be the first thing on a family’s mind. Still, Colorado law places a deadline on wrongful death claims. Waiting too long can affect whether surviving family members can pursue compensation at all.
In most cases, Colorado gives eligible parties two years from the date of death to file a wrongful death lawsuit. Some cases have different deadlines or added requirements, though. Knowing how these rules work can help families protect their rights while they decide what to do next.
What Is the Statute of Limitations for Wrongful Death in Colorado?
A statute of limitations sets the amount of time someone has to file a lawsuit. Under Colorado Revised Statutes § 13-80-102, most wrongful death actions must be filed within two years after the claim accrues. Under C.R.S. § 13-80-108, a wrongful death claim generally accrues on the date of death.
For example, suppose someone dies on March 10, 2026, because of injuries caused by another party. Under the general two-year rule, the deadline to file a wrongful death lawsuit would be March 10, 2028.
Two years may sound like plenty of time. In practice, however, investigating a death and preparing a case can take months. Important evidence may also become harder to find as time passes.
When Does the Two-Year Period Begin?
Colorado law generally starts the wrongful death limitations period on the date the person dies. This point matters when the accident and the death happen on different dates.
For instance, a person might suffer severe injuries in a Colorado Springs car crash and remain in the hospital for several weeks before dying. The wrongful death claim would generally accrue on the date of death, not the date of the crash.
Other claims related to the same accident may have different deadlines. Families should not assume that every potential claim has the same filing period.
Are There Exceptions to Colorado’s Two-Year Deadline?
Yes. Colorado law recognizes situations in which a different deadline may apply.
One notable exception involves certain fatal hit-and-run cases. Under C.R.S. § 13-80-102(2), a four-year limitations period can apply to a wrongful death action against a defendant who committed vehicular homicide and left the scene during the same criminal episode.
Claims involving a government entity or public employee can raise another timing concern. The Colorado Governmental Immunity Act generally requires written notice of certain claims within 182 days after discovery of the injury. The statute also addresses notice in cases involving death by a wrongful act or omission.
These rules show why it can be risky to rely on the general two-year deadline without considering the facts of the case. A shorter notice period or a statutory exception may change how quickly a family needs to act.
Who Can File a Wrongful Death Lawsuit in Colorado?
Colorado also limits who may bring a wrongful death claim. Those rules change depending on how much time has passed since the death.
During the first year after a death, the surviving spouse generally has priority to file the wrongful death action, subject to statutory exceptions. Colorado law provides circumstances in which heirs may also bring or join an action.
During the second year, other eligible family members may have the right to file or join the case. Because these rules affect who may bring a lawsuit and when, families should consider them alongside the statute of limitations.
What Happens if the Statute of Limitations Expires?
Missing the applicable deadline can have serious consequences. If a wrongful death lawsuit is filed after the statute of limitations has run, the defendant may ask the court to dismiss it as untimely.
That can prevent surviving family members from recovering compensation through the lawsuit, regardless of how significant their losses may be. This is one reason it is helpful to determine the filing deadline early rather than waiting until the two-year mark approaches.
Contact a Colorado Springs Wrongful Death Lawyer at Kimball Injury Law, LLC for a Free Consultation
Colorado wrongful death cases can involve more than a single two-year deadline. The date of death, identity of the responsible party, circumstances surrounding the death, and person bringing the claim can all affect the legal process.
Kimball Injury Law, LLC helps families in Colorado Springs understand their options after the wrongful death of a loved one. Contact an experienced Colorado Springs wrongful death lawyer to schedule a free consultation today.
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