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What is the Statute of Limitations for Wrongful Death in Colorado?

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.

For a free case evaluation, or to learn more, call us at (720) 891-7010

Categories: Wrongful Death