Colorado doesn’t let just anyone file a wrongful death claim. The law creates a strict timeline with a built-in priority system. C.R.S. § 13-21-203 spells it out clearly — and getting this wrong can cost a family everything.
Here’s how the priority order works.
Year one belongs to the surviving spouse. Only the husband or wife of the person who died can file during the first 12 months after the death. No one else. Not the adult children. Not the parents. If there’s a surviving spouse, they hold the sole right to bring the claim during that first year. We’ve seen this come up with families in Greenwood Village where adult children wanted to act fast after losing a parent. The law simply doesn’t allow it during year one if a spouse exists.
Year two opens up to children. Once 12 months have passed, the surviving spouse or the deceased person’s children can file. Children here means biological or legally adopted children. If both a spouse and children exist, they can file together or separately during this second year. But here’s what most people miss — the filing deadline under C.R.S. § 13-21-204 is already running. Year two is also the last year. There is no year three.
Parents can only file when no spouse or children exist. If the person who died had no surviving spouse and no surviving children, then the parents may bring the wrongful death claim. This comes up more than you’d think. A young adult killed in a crash on I-25 near the DTC corridor — unmarried, no kids. In that case, the parents step into the filing position.
What happens if nobody files within two years? The claim is gone. Colorado courts enforce this deadline hard. We’ve had families walk into our office at month 23, barely making it. And we’ve had to turn people away who waited too long because they didn’t know the clock was already running.
One more thing. If a government entity caused the death — a crash involving a CDOT vehicle or an RTD bus — the family must file a notice of claim within 182 days under C.R.S. § 24-10-109. That’s roughly six months. Miss that notice deadline and the two-year filing window doesn’t even matter anymore.
So the priority order isn’t just about who files. It’s about when each person is allowed to file and how fast they need to move. The spouse goes first. Children join in year two. Parents step in only if no spouse or children survive. And the clock never stops.
Colorado’s Year One and Year Two System Changes Who Can Act
Colorado doesn’t treat wrongful death like most states. The law splits the right to file a claim into two separate time windows — Year One and Year Two — and the rules for each are different enough to trip up families who don’t know what’s coming.
Year One: Only the Surviving Spouse
During the first twelve months after a wrongful death, only the surviving spouse can bring the claim. No one else. Not adult children. Not parents. Not siblings. The spouse holds the only right to file.
This catches families off guard all the time. We’ve had adult children call our office ready to take action after losing a parent in a crash on I-25 near the Arapahoe Road interchange. They’re devastated. They want answers. But during that first year, the law says they have to wait — unless there’s no surviving spouse.
And if the spouse chooses not to file? That’s their right during Year One. The clock still ticks though.
Year Two: The Circle Widens
Once twelve months pass, more people can file. The surviving spouse and any surviving children can now bring the claim. Both have legal standing. They can file together or separately.
But what if the person who died had no spouse and no children? Then parents can step in during Year Two. Colorado gives parents the right to bring a wrongful death claim only when no spouse or children exist. It’s a strict order. The law doesn’t bend on this.
So a parent who lost an unmarried adult child in a fatal crash along the DTC corridor has the right to file. A parent whose married child died in a truck collision does not — even if the surviving spouse refuses to pursue anything. That’s a hard truth we’ve had to explain more than once.
Why the Filing Deadline Makes This Urgent
Here’s where families get squeezed. Colorado’s wrongful death deadline is two years from the date of death under C.R.S. § 13-21-204. Not two years from when you learn about your rights. Not two years from the funeral. Two years from the death itself.
If the spouse doesn’t act during Year One, the children only get Year Two to file. That’s one year to find a wrongful death lawyer, build the case, gather evidence, and get a lawsuit on file.
If a government entity like CDOT or the City of Greenwood Village is involved, you also face the 182-day notice requirement under C.R.S. § 24-10-109. Miss that notice deadline and your claim is dead before it starts.
We see this play out with families who spend months grieving before they even think about legal options. That’s completely understandable. But the calendar doesn’t pause for grief.
One more thing people miss. If the death resulted from a felonious killing, the wrongful death damage cap changes under HB 24-1472. The standard cap sits at roughly $2.125 million for non-economic damages. A felonious killing removes that cap entirely. Who files and when they file can affect what damages are recoverable — so getting this right from the start isn’t optional.
For a free legal consultation, call (303) 465-8733
Common-Law Spouses and Designated Beneficiaries Have Legal Standing Too
You don’t need a marriage certificate to file a wrongful death claim in Colorado. Common-law spouses have the same legal standing as spouses who had a formal wedding. That’s a big deal — because insurance companies will absolutely challenge your relationship status if they think it saves them money.
What Makes a Common-Law Marriage Valid in Colorado?
Colorado is one of the few states that still recognizes common-law marriage. There’s no form to fill out. No minimum number of years you have to live together. The key question is whether both people agreed to be married and treated themselves as a married couple in public.
Courts look at shared bank accounts, joint tax returns, using the same last name, and how you introduced each other to friends and family. We’ve seen this become a real fight in wrongful death cases. The at-fault party’s insurance company will dig into your relationship. They’ll argue you were just dating. Just roommates. They’ll look for any gap in the evidence.
So if you’re a common-law spouse and your partner died because of someone else’s actions, be ready to prove that marriage existed. Gather tax returns, lease agreements, insurance policies that list each other as spouses, and statements from people who knew you as a couple.
Designated Beneficiaries Under Colorado Law
Colorado also created a “designated beneficiary” status. This lets two adults who aren’t married sign an agreement giving each other certain legal rights — and those rights can include the ability to sue for wrongful death.
Not every designated beneficiary agreement includes that right. It depends on which options were selected when the form was signed. Most people don’t even know this option exists.
But here’s the catch. A designated beneficiary only has wrongful death standing if the agreement specifically grants it. We’ve worked with families where the surviving partner assumed they had the right to file — only to find out their agreement didn’t cover wrongful death claims. That’s a painful conversation.
If you have a designated beneficiary agreement, pull it out and check the specific terms now, before you assume anything.
Why This Matters for Your Wrongful Death Case
Standing is everything. If you can’t prove you have the legal right to bring the claim, the case gets dismissed before anyone even looks at what happened. Insurance companies are counting on you not knowing this. They’ll delay, question your status, and hope the deadline under C.R.S. § 13-21-204 runs out while you’re still trying to figure out your rights.
Remember the timeline. During the first year after the death, only the surviving spouse or a qualifying designated beneficiary can file. Children can join in year two. If you’re a common-law spouse, you need to establish that status quickly so you don’t lose your window.
If you’re unsure whether your relationship qualifies, talk to a wrongful death lawyer before you assume anything. Getting clarity early protects everything that comes after.
Frequently Asked Questions
Can grandchildren or siblings file a wrongful death claim in Greenwood Village?
No — Colorado law does not give grandchildren or siblings the right to file a wrongful death claim. Only a surviving spouse, children, or parents have legal standing under C.R.S. § 13-21-203. This surprises many families in Greenwood Village. Even if a sibling was the closest person to the deceased, the law does not recognize that relationship for filing purposes. If none of the qualifying relatives exist, the claim may not be brought at all. Knowing where you stand early protects you from wasting time.
What if the surviving spouse doesn’t want to file — can the adult children step in during Year One?
No — adult children cannot file during Year One if a surviving spouse exists. The spouse holds the exclusive right during the first twelve months, even if they choose not to use it. Children must wait until Year Two begins. But here’s the problem: Year Two is also the last year. The two-year deadline under C.R.S. § 13-21-204 is already running. If the spouse waits through Year One, children may have less than twelve months left to build and file their case.
Does the 182-day government notice rule apply to crashes near the DTC corridor or on roads maintained by Greenwood Village?
Yes — if a government entity like the City of Greenwood Village or CDOT played a role in the death, you must file a formal notice of claim within 182 days under C.R.S. § 24-10-109. This applies to crashes on city-maintained roads near the DTC corridor or involving government vehicles. Missing this notice deadline ends your claim entirely — even if the two-year filing window is still open. Families dealing with government-involved deaths near Greenwood Village need to move faster than most. Our wrongful death lawyers can help you identify this early.
Can parents file a wrongful death claim if their adult child was married at the time of death?
No — parents cannot file if a surviving spouse or children exist. Colorado’s priority system is strict. Parents only have standing when the deceased had no surviving spouse and no surviving children. A common misconception is that parents can file alongside a spouse out of grief or shared loss. The law does not allow it. Even if the surviving spouse refuses to pursue the claim, parents still cannot step in. Their right to file only activates when no spouse or children survive the deceased.
Does Colorado’s wrongful death filing deadline pause while a family is grieving or waiting on a police investigation?
No — the two-year deadline under C.R.S. § 13-21-204 starts on the date of death, not when the investigation closes or when you feel ready. Colorado courts do not pause the clock for grief, ongoing criminal cases, or pending insurance settlements. Families in Greenwood Village who wait for a police report or district attorney outcome before contacting a lawyer often find themselves with far less time than they expected. Starting a conversation with a wrongful death attorney early does not mean you have to file right away — it just protects your options.
What is a common mistake families make when figuring out who can file a wrongful death claim in Colorado?
The most common mistake is assuming the whole family can file together right away. Colorado law does not work that way. The priority order under C.R.S. § 13-21-203 controls who can act and when. Families sometimes spend months discussing who should lead the claim, not realizing the clock is already running and that only one group has legal standing at a time. By the time everyone agrees, the filing window may be dangerously short — or already closed.