Who Can Bring A Wrongful Death Claim In Colorado?

Wrongful death actions in Colorado are governed by CRS 13-21-201.

During the first year after the death:

  • Only a surviving spouse may bring the claim.

During the second year after the death:

  • A surviving spouse may bring the claim;
  • Any children may bring the claim;
  • If the deceased has no spouse or children, then the parents of the deceased may bring the claim.

Who cannot bring a claim:

  • Siblings of the deceased;
  • Friends of the deceased;
  • Boyfriends / girlfriends of the deceased.
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