Castle Rock Wrongful Death Lawyers

No website can give you what you need right now. No words will fix this. But there are things you need to know, and decisions you need to make in the coming weeks that will affect your family for years. Under C.R.S. § 13-21-202, Colorado allows surviving family members to bring a wrongful death lawsuit when a person dies because of another party’s negligence, recklessness, or intentional act. The claim follows a strict filing hierarchy that controls which family member can sue and when. The statute of limitations is two years from the date of death. For cases filed in 2025, noneconomic damages are capped at $2,125,000 under HB 24-1472, with no cap on economic losses. This page explains how Colorado wrongful death claims work, who can file, what your case may be worth, and what happens if you wait too long.

What Is a Wrongful Death Claim in Colorado?

A wrongful death claim is a civil lawsuit filed by surviving family members seeking compensation for the losses caused by another person’s wrongful act. It is not a criminal case. The police and the district attorney handle criminal prosecution. The wrongful death claim belongs to your family, runs on your timeline, and is the only legal mechanism that holds the at-fault party financially accountable to the people left behind.

Colorado’s wrongful death statute, C.R.S. §§ 13-21-201 through 13-21-204, creates the legal framework. Section 202 establishes the cause of action. Section 201 controls who can file. Section 203 governs damages, including the noneconomic cap. Section 204 addresses the relationship between the wrongful death claim and any separate survival action brought by the estate.

The distinction matters. A wrongful death claim compensates your losses: the income your family will never receive, the companionship you will never have, the grief you carry. A survival action compensates the deceased’s losses: their pre-death pain and suffering, their medical bills between injury and death. These are two separate causes of action with different claimants, different damages, and different legal frameworks. In catastrophic cases, both are pursued simultaneously. Our wrongful death lawsuit guide walks through the complete litigation process.

Who Can File a Wrongful Death Claim in Colorado

Colorado does not allow just anyone to file. Under C.R.S. § 13-21-201, the right to sue follows a time-based hierarchy:

Year One (Months 1 through 12): Only the surviving spouse may file. If there is no spouse, a designated beneficiary under the Colorado Designated Beneficiary Agreement Act may file.

Year Two (Months 13 through 24): The spouse and the deceased’s heirs file a joint action. “Heirs” includes children (biological and adopted). Effective January 1, 2025, HB 24-1472 expanded the definition to include adult siblings for the first time in Colorado’s wrongful death history.

If no spouse or heirs exist: The deceased’s parents may file under C.R.S. § 13-21-202. This provision also applies when the deceased is a minor child.

Filing by the wrong person, at the wrong time, can get the entire case dismissed regardless of its merits. Read our full breakdown of who can file a wrongful death claim in Colorado.

Statute of Limitations: Two Years, No Second Chances

Under C.R.S. § 13-80-102(1)(d), the deadline to file a wrongful death lawsuit in Colorado is two years from the date of death. Not two years from when you found out someone was at fault. Not two years from when you hired an attorney. Two years from the date on the death certificate.

There are very limited exceptions. When the defendant is a government entity, the deadline is even shorter: 182 days to file a notice of claim under the Colorado Governmental Immunity Act, C.R.S. § 24-10-109. Miss that notice period and you lose the right to sue the government entirely, even if you still have time on the general two-year clock.

Every day that passes after a death is a day that evidence degrades. Skid marks fade. Surveillance footage cycles. Cell phone records face carrier retention limits. The statute of limitations is the absolute outer boundary, but the real deadline for building a winning case is much sooner. Our statute of limitations page explains the timeline, exceptions, and what happens if you wait too long.

What a Colorado Wrongful Death Claim Is Worth

Colorado wrongful death damages fall into three categories:

Economic Damages (No Cap)

These are the measurable financial losses your family has suffered and will continue to suffer. Lost future earnings. Lost benefits. Lost household services. Medical expenses between the injury and death. Funeral and burial costs. A forensic economist calculates these losses based on the deceased’s age, health, occupation, earning trajectory, and life expectancy. There is no statutory cap on economic damages in Colorado wrongful death cases.

Noneconomic Damages (Capped)

These are the human losses: grief, loss of companionship, loss of consortium, loss of the deceased’s guidance and care. Under C.R.S. § 13-21-203 as amended by HB 24-1472, noneconomic damages in wrongful death cases are capped at $2,125,000 for cases filed on or after January 1, 2025. The cap adjusts annually for inflation. An additional solatium (grief) payment of up to $135,990 is available to each qualifying heir for losses such as grief, loss of companionship, and impairment of the quality of life.

Exemplary (Punitive) Damages

When the defendant’s conduct was willful, wanton, or involved fraud, C.R.S. § 13-21-102 allows exemplary damages up to the amount of actual damages awarded. In cases involving a felonious killing under C.R.S. § 15-11-803, the noneconomic damages cap is removed entirely. DUI fatalities, road rage homicides, and other criminal acts that cause death fall into this category. For a detailed breakdown, see our wrongful death damages cap page.

Comparative Fault: What If the Deceased Was Partially at Fault?

Colorado follows a modified comparative fault rule under C.R.S. § 13-21-111. If the deceased was partially at fault for the incident that caused their death, the family’s recovery is reduced by that percentage. If the deceased was 20% at fault, you recover 80% of the total damages. If the deceased was 50% or more at fault, the claim is barred entirely. Insurance defense teams know this. They will invest heavily in proving the deceased contributed to the accident. This is one of the most aggressively contested issues in every wrongful death case.

Leading Causes of Wrongful Death in Colorado

Colorado recorded 701 traffic fatalities in 2025 and 684 in 2024. Motor vehicle crashes remain the leading cause of wrongful death claims in the state. But wrongful death claims arise from any situation where another party’s negligence, recklessness, or intentional conduct caused a death.

Car accidents are the highest-volume cause of wrongful death claims in Colorado. Impairment, speed, and distracted driving are the three leading contributing factors. See our wrongful death car accident page for Colorado-specific data and legal analysis.

Truck accidents involve commercial vehicles subject to federal regulations under FMCSA that create additional theories of liability and multiple potentially responsible parties. Minimum insurance requirements for commercial carriers start at $750,000, versus $25,000 for passenger vehicles. See our wrongful death truck accident page.

Medical negligence, premises liability, defective products, workplace incidents, and pedestrian/bicycle fatalities all give rise to wrongful death claims under Colorado law. The legal framework is the same. The evidence and the defendants change.

What to Do After Losing a Loved One to Negligence

We know you are not thinking about lawsuits right now. That is normal. But there are time-sensitive steps that protect your family’s rights, and some of them must happen in the first days and weeks:

Preserve evidence. Do not return a rental vehicle, repair a car, or dispose of anything connected to the incident. Photographs, dashcam footage, phone records, and witness contact information become harder to obtain every day.

Do not sign anything from an insurance company. The at-fault party’s insurer will contact you. They will sound compassionate. They may offer money. Any statement you make or form you sign can be used to reduce or eliminate your claim.

Consult a wrongful death attorney before the statute of limitations runs. The two-year deadline is not flexible. For government defendants, the notice deadline is 182 days. An attorney can identify all potential defendants, preserve evidence through spoliation letters, and begin the investigation while the evidence is still fresh.

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How Rampart Handles Wrongful Death Cases

We are a father-and-son trial team. Todd Travis has over 26 years of trial experience. Jordan Travis is the second attorney. We do not run a settlement mill. We do not carry hundreds of cases at once. We take fewer cases and prepare every one of them for trial.

In a wrongful death case, that preparation means retaining accident reconstructionists, forensic economists, and medical experts before a lawsuit is filed. It means serving spoliation letters within days of engagement. It means building a trial-ready evidence package before the first demand letter leaves this office. Insurance companies know which firms settle and which firms try cases. That reputation determines whether your family receives a low offer or a fair one.

We serve families along the entire I-25 corridor from Greenwood Village through Castle Rock, Monument, and Colorado Springs. Our office is at 333 Perry Street, Suite 203, Castle Rock, CO 80104. We handle cases in the 4th Judicial District (El Paso County), the 18th Judicial District (Douglas/Arapahoe/Elbert/Lincoln counties), or Denver District Court, and courts statewide.

Frequently Asked Questions About Colorado Wrongful Death

How long do I have to file a wrongful death lawsuit in Colorado?

Two years from the date of death under C.R.S. § 13-80-102(1)(d). If the defendant is a government entity, you must also file a notice of claim within 182 days under the Colorado Governmental Immunity Act. There are very limited tolling exceptions. Missing the deadline permanently bars the claim.

What is the wrongful death damages cap in Colorado?

For cases filed on or after January 1, 2025, the noneconomic damages cap is $2,125,000 under C.R.S. § 13-21-203 as amended by HB 24-1472. Economic damages (lost earnings, medical bills, funeral costs) have no cap. When the death results from a felonious killing, the noneconomic cap is removed. See our damages cap page for the complete breakdown.

Who can file a wrongful death claim in Colorado?

Colorado controls this through a time-based hierarchy under C.R.S. § 13-21-201. Year One: surviving spouse only. Year Two: spouse and heirs jointly (now including siblings under HB 24-1472). If no spouse or heirs, the parents may file. For the full statutory breakdown, visit our who can file page.

How much does a wrongful death case cost?

Rampart Injury Lawyers handles wrongful death cases on a contingency fee basis. There is no upfront payment and no attorney fee unless we recover compensation for your family. We advance all litigation costs, including expert fees, court costs, and investigation expenses. If we do not win, you owe nothing for attorney’s fees.

Can I file a wrongful death claim if there is also a criminal case?

Yes. The criminal prosecution and the civil wrongful death lawsuit are separate proceedings with different standards of proof. A criminal case requires proof beyond a reasonable doubt. A civil wrongful death case requires proof by a preponderance of the evidence. A defendant can be acquitted in criminal court and still be found liable in the civil wrongful death case.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim is filed by surviving family members for their own losses (lost income, companionship, grief). A survival action is filed by the estate’s personal representative for the deceased’s pre-death damages (pain and suffering, medical expenses). Under C.R.S. § 13-21-204, both can be pursued simultaneously but are separate causes of action.

Related Wrongful Death Resources

• 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

• Wrongful Death of a Child – The most difficult cases we handle

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

• C.R.S. § 13-21-203 – Damages framework; noneconomic cap; exemplary damages

• C.R.S. § 13-21-111 – Modified comparative fault

• C.R.S. § 13-80-102(1)(d) – Two-year statute of limitations

• C.R.S. § 13-21-102 – Exemplary (punitive) damages

• C.R.S. § 15-11-803 – Felonious killing; cap removal

• C.R.S. § 24-10-109 – CGIA: 182-day notice of claim

• 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 – Detailed cap and sibling provisions

CDOT Data

• CDOT 2024 Annual Fatality Report – 684 total fatalities

• CDOT 2025 Preliminary Data – 701 total fatalities

Colorado Courts

• 4th Judicial District (El Paso County) – Colorado Springs region

• 18th Judicial District (Douglas/Arapahoe) – Castle Rock/Parker region

• Denver District Court – Denver metro

Rampart Injury Lawyers, a trade name of Travis Legal Offices, LLC