Wrongful Death Statute of Limitations

What Is the Statute of Limitations for Wrongful Death Claims in Colorado?

Colorado has a two-year statute of limitations for wrongful death claims in most cases. The clock starts ticking from the date of the person’s death. However, there can be some exceptions.

For example, if the death was the result of a hit and run, you are given four years to file your claim. Another exception is when it involves government employees and agencies, and your filing deadline can be much sooner, often within months of the death.

How Long Do Families Have To File a Wrongful Death Lawsuit?

Unlike other states where you could require an estate representative to file your claim, families must follow the statute of limitations related to their case. Generally, this is two years from the time of death.

When Does the Wrongful Death Filing Deadline Begin?

The wrongful death filing deadline begins the moment your loved one passed away. If it was at the time of the accident, then the starting date is the date of the accident. However, if they survived the accident initially, but later succumbed to their injuries, the starting date is the date they died later, not the accident date.

Who Can File a Wrongful Death Claim in Colorado?

During the first year after the death of a loved one, only the surviving spouse can file if the decedent was married. The surviving spouse can decide to include surviving children in their lawsuit.

If there is no surviving spouse but surviving children, then they can file during the first year. If there is no surviving spouse or children, then other relatives, like parents or siblings, can file right away.

Otherwise, surviving children or other heirs can initiate their claim starting on the first day of the second year. Then they have until the end of that year to bring the claim. If no one files within the two years, then no compensation can be sought from the responsible party.

Are There Exceptions That Can Extend the Wrongful Death Statute of Limitations?

There are a few exceptions to the two-year wrongful death statute of limitations as follows:

• Motor vehicle accidents: If your loved one died as a result of a car crash or from their injuries later, you have three years from the date of the accident to file your lawsuit.
• Claims against government agencies or employees: Colorado has a very short window to file a formal written notice of a wrongful death claim when it involves government agencies or employees, which is usually only 180 days.
• Hit-and-run accidents: As previously mentioned, the state allows up to four years to bring a lawsuit against the responsible party. The extension is in place so law enforcement can hopefully find the defendant before time runs out.

Other exceptions may be allowed on a case-by-case basis. However, it is never a good idea to wait until the last minute to file your claim. The sooner you file, the easier it is to build a strong case.

What Happens if You Miss the Wrongful Death Claim Deadline?

If you miss the deadline for filing your wrongful death claim, you cannot seek any type of compensation from the negligent party. Even if you have strong evidence that clearly shows the defendant is at fault, the court will have to dismiss your claim since the statute of limitations ran out.

How Does the Statute of Limitations Affect Your Ability To Recover Compensation?

As already mentioned, you cannot seek compensation if the statute of limitations for wrongful death expires. Insurers will refuse to negotiate or offer a settlement when they know you can no longer sue them because you missed the deadline.

What Damages Can Be Recovered in a Wrongful Death Claim?

In Colorado, you seek damages for your economic and non-economic losses as part of your wrongful death injury lawsuit. Economic damages are all of your actual financial losses, and include:

• Lost earnings and financial losses incurred due to the deceased person no longer contributing financially.
• All medical bills and expenses your loved one incurred before they died.
• Funeral and burial costs.
• Loss of benefits your loved one had, like insurance coverage or retirement.
• Loss of value of services your loved one provided.
• All property damages incurred.

There is no cap on economic losses.

Non-economic damages include emotional aspects of your loved one’s passing, such as:

• Mental anguish.
• Emotional pain and suffering.
• Loss of companionship.
• Loss of guidance.
• Loss of marital affection.

The current non-economic cap on wrongful death cases not involving medical malpractice is $2,125,000. The cap is completely waived if the death occurred during a felony criminal act. Medical malpractice cases are limited to $810,000.

A third type of damages, rarely awarded except when the defendant’s behavior is deemed egregiously negligent, is punitive damages. They are not standard and are meant to punish the defendant and act as a deterrent to prevent others from behaving similarly.

To ensure you receive maximum compensation, you do need help from experienced personal injury attorneys.

Why Is It Important To Speak With a Wrongful Death Attorney as Soon as Possible?

Speaking with a wrongful death attorney in Colorado as soon as possible is vital for several reasons, including the following:

• Helps protect your legal rights.
• Makes it easier to obtain video and traffic cam footage.
• Helps preserve evidence in your case.
• Makes it easier to obtain sworn witness statements.
• Ensures you are filing on time and do not risk the statute of limitations running out.
• Protects from insurance company tactics, like low-ball offers.
• Correctly identifies all responsible parties.
• Proper monetary valuation of your claim.

How Can Bachus & Schanker Help Families Pursuing a Wrongful Death Claim in Colorado Springs?

Bachus & Schanker helps families in Colorado Springs pursuing a wrongful death claim in several ways:

• Kyle Bachus has first-hand experience dealing with the wrongful death of a loved one.
• Free case evaluation and consultation.
• We take cases on a contingency basis, meaning you owe us no legal fees until we win your case.
• We oversee all aspects of your case, allowing you the time to grieve and not deal with the added stress and anxiety of trying to reach an insurance settlement on your own.
• You have access to our Victim’s Advocates, a team of professionals who provide assistance beyond the legal aspects of your case.

Contact Bachus & Schanker now to schedule a free case evaluation and find out your legal rights and options.

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