Wrongful Death of a Child in Castle Rock
If you are reading this page, something unthinkable has happened to your family. We are sorry. We know that nothing on a website will make this better. What we can do is tell you the truth about your legal rights, explain what the process looks like, and be available when you are ready.
Under C.R.S. § 13-21-202, parents have the right to file a wrongful death claim when a child dies because of another person’s negligence, recklessness, or intentional act. The claim must be filed within two years of the date of death. Noneconomic damages are capped at $2,125,000 for cases filed in 2025 under HB 24-1472. Economic damages have no cap, but the economic loss calculation for a child is fundamentally different from an adult breadwinner case. The filing hierarchy gives parents standing when no spouse or heirs exist.
Who Can File a Wrongful Death Claim for a Child
The wrongful death filing hierarchy under C.R.S. § 13-21-201 applies to children’s cases the same way it applies to adults, but the practical effect is different. A minor child typically has no surviving spouse and no heirs. That places the parents in the third tier of the filing hierarchy, which gives them standing to bring the claim under § 13-21-202.
Both parents can join the action. If the parents are divorced, both retain standing. Custody arrangements do not eliminate a non-custodial parent’s right to participate in the wrongful death claim. If one parent caused the child’s death, the other parent may still file. Stepparents, grandparents, and other relatives do not have independent standing unless they qualify as a “designated beneficiary” under C.R.S. § 15-22-104, which is rarely applicable to minor children.
Effective January 1, 2025, HB 24-1472 expanded wrongful death standing to include adult siblings. In cases involving an older child (18 or older) who dies without a spouse or children, adult siblings can now participate in the Year Two joint action. For a younger minor child, siblings do not typically have standing because the parents hold the primary filing right.
Damages in Child Wrongful Death Cases
The damages framework is governed by C.R.S. § 13-21-203, the same statute that governs all wrongful death damages in Colorado. But the composition of damages shifts dramatically when the deceased is a child.
Noneconomic Damages: The Core of the Case
In an adult wrongful death case, economic damages (lost earnings, benefits) often form the largest component. In a child’s case, noneconomic damages are usually the dominant category. Grief. Loss of companionship. Loss of the parent-child relationship. Loss of the child’s society and guidance as they would have matured. These losses are real, they are enormous, and they are capped at $2,125,000 under HB 24-1472. Each qualifying parent may also receive a solatium payment of up to $135,990.
Economic Damages: A Different Calculation
A child does not have an earnings history, a career trajectory, or an established economic contribution to the household. But economic damages are still recoverable and still uncapped. A forensic economist projects the child’s expected lifetime earnings based on statistical models: educational attainment probabilities, occupational distribution data, projected earnings by education level, and present-value discounting. The economist may also calculate the value of household services the child would have provided to aging parents later in life.
Medical expenses between injury and death and funeral costs are also recoverable. The National Funeral Directors Association reports a national median funeral cost of approximately $8,300 (2023 data). Pediatric intensive care, trauma surgery, and life support between a child’s injury and death can generate hundreds of thousands of dollars in medical expenses that are fully recoverable as economic damages.
Exemplary Damages and Cap Removal
When the act that killed a child constitutes a felonious killing under C.R.S. § 15-11-803, the noneconomic damages cap is removed entirely. DUI fatalities, vehicular homicide under C.R.S. § 18-3-106, and other criminal acts that cause a child’s death open the door to uncapped noneconomic recovery plus exemplary damages under C.R.S. § 13-21-102. These cases represent the highest total recovery potential in Colorado wrongful death law.
Proving the Case: What Evidence Matters
A child wrongful death case requires proof of the same four elements as any negligence claim: duty, breach, causation, and damages. But the proof has a different emotional weight, and the evidence strategy must account for that.
Proving Who the Child Was
The jury will never meet your child. Your job, through your attorney, is to make them know your child. School records. Report cards. Artwork. Letters from teachers. Photographs. Videos. Statements from coaches, mentors, neighbors. Testimony from family about who this child was and who they were becoming. This is not sentimentality. This is evidence. It is the factual foundation for the noneconomic damages claim, and it is the single most important component of a child wrongful death trial.
Proving Liability
Liability proof depends on the cause of death. In a car accident case, cell phone records, police reports, event data recorder data, and witness testimony establish the at-fault driver’s negligence. In a truck accident case, FMCSA regulatory violations, ELD data, and corporate safety records expand the liability chain. In premises cases, property inspection records and code violation histories. In medical cases, expert medical opinions.
Proving Economic Loss
A forensic economist uses Bureau of Labor Statistics data, Census educational attainment data, and standard vocational projection methodologies to estimate the child’s lifetime economic contribution. The defense will challenge every assumption. This is where the quality of your expert matters. An experienced forensic economist who can withstand cross-examination is essential.
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Frequently Asked Questions
Can both parents file a wrongful death claim for a child?
Yes. Both parents have standing to participate in a wrongful death claim for their child, regardless of custody arrangements. If the parents are divorced, both can join. The claim is typically filed as a single action with both parents as plaintiffs. If the parents disagree on whether to pursue the claim or on settlement terms, the court can resolve the dispute.
How are economic damages calculated for a child?
A forensic economist projects the child’s expected lifetime earnings using statistical models based on educational attainment probabilities, average earnings by education level, and present-value discounting. The calculation may also include the value of household services the child would have provided to aging parents. The defense will retain their own economist to challenge these projections.
Is there a separate wrongful death statute for children?
No. Children’s wrongful death claims are governed by the same statutes (C.R.S. §§ 13-21-201 through 203) as adult claims. The filing hierarchy, damages cap, and statute of limitations are the same. The practical differences are in damages composition (noneconomic damages dominate) and in who has standing to file (parents, typically).
Can siblings file a wrongful death claim for their brother or sister?
Effective January 1, 2025, adult siblings can participate in the Year Two joint filing under HB 24-1472. For a minor sibling, standing depends on whether they qualify as an “heir” under Colorado probate law. Minor siblings cannot file independently. Their interests would typically be represented by a guardian ad litem if they are part of the claim.
Does a criminal case affect the civil wrongful death claim?
The criminal case and the civil wrongful death claim are separate proceedings. A criminal conviction can strengthen the civil case (and may trigger cap removal under C.R.S. § 15-11-803). An acquittal does not prevent the civil case from succeeding because the civil standard of proof (preponderance of evidence) is lower than the criminal standard (beyond a reasonable doubt). Do not wait for the criminal case to conclude before pursuing the civil claim.
Related Wrongful Death Resources
- Colorado Wrongful Death Lawyers (Pillar) – Complete guide to wrongful death claims
- Wrongful Death Settlements – What determines settlement value
- Wrongful Death Lawsuit Guide – Step-by-step litigation process
- Who Can File a Wrongful Death Claim – The statutory hierarchy explained
- Wrongful Death from a Car Accident – Colorado’s highest-volume cause
- Wrongful Death from a Truck Accident – FMCSA regulations and multi-party liability
- Wrongful Death Statute of Limitations – Two-year deadline and limited exceptions
- Wrongful Death Damages Cap – HB 24-1472 and current cap amounts
Sources and Authorities Cited
Colorado Statutes
- C.R.S. § 13-21-201 – Filing hierarchy; eligible plaintiffs
- C.R.S. § 13-21-202 – Wrongful death cause of action; parental right
- C.R.S. § 13-21-203 – Damages framework; noneconomic cap; solatium
- C.R.S. § 13-21-102 – Exemplary damages
- C.R.S. § 15-11-803 – Felonious killing; cap removal
- C.R.S. § 13-80-102(1)(d) – Two-year statute of limitations
- C.R.S. § 18-3-106 – Vehicular homicide
- C.R.S. § 24-10-109 – CGIA 182-day notice
- C.R.S. § 15-22-104 – Designated Beneficiary Agreement Act
Legislation
- HB 24-1472 Bill Page – Colorado General Assembly
- HB 24-1472 Signed Text (PDF) – Governor-signed final version
- Keating Wagner HB 24-1472 Analysis – Cap breakdown and sibling provisions
External Sources
- NFDA Statistics – National funeral cost data
