The Colorado Wrongful Death Act allows for a party to file a claim within
two years, beginning on the date of the decedent’s death. However,
there are quite a few exceptions that allow for the statute of limitations
to be extended. Unlike other cases, such as medical malpractice or product
liability, circumstances wherein the
wrongful death occurred as a result of the use or operation of a motor vehicle allow
the plaintiff three years from the date of death to file a wrongful death
claim. This three-year deadline may also be extended in cases where the
timing of discovery of insufficient liability coverage hinders a plaintiff’s
ability to file a claim within the deadline.
If the defendant engages in fraud or conceals facts relevant for the filing
of a claim, which prevents discovery or knowledge of wrongful acts or
negligence leading to the decedent’s death, the statute of limitations
may run past its two-year deadline. Additionally, the statute of limitations
may begin when the plaintiff is aware, or should be aware, of facts that
relate to the wrongful death, rather than beginning on the date of death,
particularly in cases where the discovery of facts may require more time.
If a plaintiff has a disability that impacts his or her ability to take
legal action within the designated legal timeframe, the date may be extended.
The Colorado Wrongful Death Act specifies that a plaintiff may be the
decedent’s spouse, children, designated beneficiary, or parents
if the decedent is unmarried and childless. If the decedent’s spouse
or children choose not to file a claim, the surviving parents may not
file a claim. If the decedent’s only surviving beneficiary is a
minor, the statute of limitations may begin on his or her 18th birthday if he or she chooses to file a wrongful death claim.
Jordan Law handles a variety of wrongful
death claims such as
car accidents, oil and gas rig explosions, medical malpractice, and
product liability, among others. The firm has decades of experience in fighting for and
protecting the interests of families, so they may focus on healing and
spending time with loved ones. If the case results in an unsuccessful
verdict, clients do not pay a fee.
free case evaluation, or to learn more, call us at (720) 891-7010