Who Can File
Colorado law specifies who may bring a wrongful death action and when:
- Year 1: Surviving spouse only
- Year 2: Surviving spouse or surviving children (if no spouse, children may file in year 1)
- If no spouse or children: Surviving parents
Recoverable Damages
- Grief and loss of companionship (solatium) — no cap
- Lost financial support and inheritance
- Funeral and burial expenses
- Pain and suffering before death (survival action)
Statute of Limitations
2 years from the date of death. If filed against a government entity, the 182-day notice requirement under the Governmental Immunity Act also applies.