Colorado Wrongful Death Law: How the 2025 Damage Cap Increase Impacts Families

The tragic loss of a loved one is an experience no family wants to endure. When that loss is due to someone else’s negligence, the emotional toll is compounded by potential financial strain. In Colorado, the wrongful death laws aim to provide a measure of justice and financial support to grieving families. A significant update to these laws took effect on January 1, 2025, substantially increasing the damage caps, potentially tripling the non-economic damages available. This change marks a critical opportunity for families to secure their financial future and honor the memory of their loved ones.

Understanding Colorado’s Wrongful Death Law

A wrongful death claim arises when someone dies due to another person’s wrongful act, carelessness, or negligence. While the responsible party may also face criminal charges, a wrongful death lawsuit is a civil matter, separate from any criminal proceedings. The purpose of a wrongful death lawsuit is to compensate the decedent’s close family members for their losses.

Who Can File a Wrongful Death Claim?

Colorado law specifies who can file a wrongful death claim, and the eligibility can depend on the timing after the death.

First Year After Death: The surviving spouse has the exclusive right to file a wrongful death lawsuit. However, the spouse can provide written consent allowing the children or other eligible heirs to join the claim or file their own separate action. If there is no surviving spouse, then the biological or adopted children may bring a claim. If there are no spouse or children, the parents of the deceased may file a claim. A legally designated beneficiary may also file a claim if there is no surviving spouse, children, or parents.
Second Year After Death: If no lawsuit was filed during the first year, the law extends eligibility to additional family members. Children of the deceased and designated beneficiaries may file claims during this period. Should there be no spouse or children, parents of the deceased gain the right to file.
New for 2025: Siblings: The most significant change for 2025 allows siblings of the deceased and their heirs (nieces or nephews) to file wrongful death lawsuits when no surviving spouse, children, designated beneficiary, or parents exist.

Statute of Limitations

Colorado has a statute of limitations of two years from the date of death for filing a wrongful death claim. Missing this deadline typically results in the case being dismissed, regardless of its merits. There are limited exceptions, such as cases involving criminal conduct where the perpetrator was identified later, or situations where the cause of death wasn’t immediately apparent. In cases based on hit and run accidents, the statute of limitations is extended to four years.

The 2025 Damage Cap Increase: What It Means for Families

The most impactful update to Colorado’s wrongful death laws is the dramatic increase in non-economic damage caps. For cases filed on or after January 1, 2025, the limit increases from approximately $679,990 to $2.125 million. This applies to all civil actions filed on or after January 1, 2025, regardless of when the underlying incident occurred, as long as it falls within the statute of limitations.

Types of Damages Recoverable

In a Colorado wrongful death case, families may be able to recover several types of damages:

Economic Damages: These are tangible losses that can be easily calculated, such as:
- Funeral and burial expenses
- Medical bills incurred before death
- Loss of the deceased’s earnings and future income
- Loss of benefits, such as insurance or retirement funds
- Value of services the deceased provided to the family
- Non-Economic Damages: These are intangible losses that are more difficult to quantify, such as:
- Pain and suffering experienced by the deceased before death
- Emotional distress, grief, and sorrow of the surviving family members
- Loss of companionship, love, and support
- Loss of consortium (loss of marital relations)
- Exemplary Damages: In cases where the defendant’s conduct was particularly egregious, involving fraud, malice, or willful and wanton behavior, the court may award exemplary (punitive) damages.

Special Considerations for Medical Malpractice Cases

Medical malpractice wrongful death cases operate under a distinct set of rules. The cap for these cases will gradually increase to $1.575 million over five years, followed by inflation adjustments.

Navigating the Complexities: Strategic Filing and Common Mistakes

The 2025 changes create both opportunities and risks for families considering wrongful death claims. The potential for substantially higher compensation is real, but only if you act within the legal deadlines and file your claim correctly.

Strategic Filing Considerations

The new, higher damage limits apply to all cases filed on or after January 1, 2025, regardless of when the death occurred, as long as the filing is within the two-year statute of limitations. Families whose loved ones died in 2023 or early 2024 may significantly benefit from waiting until 2025 to file, provided they do not risk missing the two-year deadline.

Common Mistakes to Avoid

Misunderstanding When the Clock Starts: The statute of limitations begins on the date of death, not the date of the accident or incident that caused the death.
Assuming Any Family Member Can File at Any Time: Colorado law prioritizes who can file a wrongful death claim based on the relationship to the deceased and the timing after the death.
Insufficient Case Preparation: Gathering evidence, documenting losses, and understanding the legal requirements are crucial for a successful wrongful death claim.

Steps to Protect Your Family’s Rights

Document Everything Without Delay: Gather all relevant documents, including medical records, police reports, and financial records.
Be Cautious with Insurance Companies: Insurance companies may try to pressure you into accepting a quick settlement that doesn’t reflect the true value of your case under the new 2025 laws.
Accurately Calculate Your Full Losses: Consider all economic and non-economic damages when assessing the value of your claim.
Choose an Attorney Experienced in Colorado Wrongful Death Cases: An experienced attorney can guide you through the legal process, protect your rights, and help you maximize your compensation.

The Future of Wrongful Death Claims in Colorado

Beginning January 1, 2028, and every two years thereafter, Colorado’s wrongful death damage caps will automatically adjust for inflation. This ensures that the value of future compensation remains strong, despite economic changes.

The 2025 changes to Colorado’s wrongful death laws represent a significant step forward in protecting the rights of grieving families. By understanding these changes and taking proactive steps to protect your rights, you can seek justice and secure your family’s financial future.