Colorado Wrongful Death Statute of Limitations 2025: Your Guide

Losing someone shatters your world. One moment, they’re here—the next, there's just a deafening silence and a stack of paperwork you have no idea how to face. In that fog of grief, the last thing anyone wants to think about is a legal deadline.

But the insurance company for the person who caused this—they’re thinking about it. They’re counting on it.

The hard truth is this: a legal clock started ticking the moment your loved one passed away. It’s a brutal, unforgiving clock. But for families navigating this impossible reality in Colorado, the year 2025 marks a seismic shift. New laws—specifically HB24-1472 and HB24-1262—have drawn new lines in the sand, creating critical exceptions to the deadline and dramatically increasing the potential for financial justice. Understanding the Colorado wrongful death statute of limitations for 2025 isn't just about rules—it’s about knowing how to disarm the insurance company’s favorite weapon.

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The Two-Year Absolute Deadline Is the Only Thing Insurers Respect

Let's cut right to it. The basic rule for wrongful death claims in Colorado isn't a suggestion—it’s a cliff. Under C.R.S. § 13-21-204, you have exactly two years from the date of death to file a lawsuit.

Miss that deadline by a single day, and your right to seek justice is gone. Poof. It doesn’t matter how clear the fault was or how profound your family’s loss is—the courthouse doors will be shut to you. Forever.

This isn’t some obscure procedural formality. It’s an absolute bar to recovery, and it's the most powerful weapon insurance companies have against grieving families. They know you’re overwhelmed. They know grief is paralyzing. And they are counting on you being too buried in sorrow to make the call.

The Hierarchy: Who Gets to File, and When

The two-year clock isn't just about the final deadline. It’s also about who has the right to file the lawsuit. The law establishes a rigid, tiered hierarchy.

• Year One (The First 12 Months): During the first year, the surviving spouse has the exclusive right to file a lawsuit. No one else—not children, not parents—can initiate a claim unless the spouse gives written permission.
• Year Two (Months 13-24): If the first year passes without the spouse filing a claim, the window opens. In the second year, the spouse, surviving children, and/or designated beneficiaries can all file a claim.

This structure is unforgiving. If you're a child and the surviving spouse doesn't act in that first year, you must wait until day 366 to file. That leaves you just 12 months to get your case in order. It’s precisely this kind of detail that can make or break a case.

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The 2025 Lifeline: The Three-Year Felony Exception

That two-year rule is harsh—almost cruel. But the 2025 legal landscape in Colorado has carved out a critical exception, a lifeline that gives families breathing room when they need it most.

A monumental change in the law now extends the Colorado wrongful death statute of limitations to three years if the death resulted from a felony crime. This isn't a minor tweak. It’s a fundamental shift that gives you an entire extra year to seek accountability in the most egregious cases.

When the Clock Ticks for Three Years

This extension, born from HB24-1262, specifically targets deaths caused by criminal acts classified as felonies. Think about the real-world scenarios where this new rule changes everything:

• Vehicular Homicide: When a driver's reckless actions rise to the level of a felony, your family now has three years to file a civil lawsuit.
• Manslaughter or Murder: If a life is taken through a violent criminal act, the standard two-year clock no longer applies.
• Fatal DUI Accidents: Many DUIs that result in a fatality are prosecuted as felonies. This means families of victims killed by drunk drivers often gain an additional year—a critical advantage when dealing with a parallel criminal case.

And Then There’s the Four-Year Hit-and-Run Rule

This new three-year exception works alongside another critical rule. Under a separate statute, C.R.S. § 13-80-102, the deadline is extended to four years if the death was caused by a driver who fled the scene.

This means a family’s path to justice now depends on a precise legal analysis. Is it a two-year standard case? A three-year felony case? Or a four-year hit-and-run case? Getting this wrong means getting nothing.

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The $2.125 Million Reason You Must File in 2025

The deadlines are just one part of the story. The other massive change to Colorado's wrongful death law is about money—specifically, your family’s financial future.

A new law, HB24-1472, dramatically increases the cap on "non-economic damages"—the compensation for the human cost of loss, like grief, sorrow, and lost companionship. And here is the most important detail you will read today: the new, much higher cap applies based on the date your lawsuit is filed, not the date of death.

This creates a powerful strategic window that could be worth over a million dollars to your family.

The Financial Power of a Single Day

For any wrongful death lawsuit filed on or after January 1, 2025, the cap on non-economic damages skyrockets to $2.125 million. This is a monumental increase from the previous limit of around $679,990.

What does this mean for you? If your loss occurred in late 2023 or anytime in 2024, your two-year statute of limitations gives you the flexibility to file in 2025. By strategically timing your filing to land on or after January 1, you can secure the higher cap.

It’s a tactical decision that carries immense weight. The difference between filing on December 31, 2024, and January 1, 2025, is the difference between the old world and the new.

And There's No Cap for a Felonious Killing

It gets better. That same new law completely eliminates the damages cap if the death was caused by a felonious killing.

This means that in cases of vehicular homicide, murder, or manslaughter, a jury is free to award an amount of non-economic damages that fully reflects the devastating human toll, without any artificial legal limit. The legislature’s message is clear: when a criminal act takes a life, the civil justice system will not stand in the way of full accountability.

More Family Members Can Now Seek Justice

The same bill also expands who is legally allowed to file a wrongful death lawsuit. In the past, the list of eligible family members was painfully restrictive.

Now, under certain circumstances—like when there is no surviving spouse, child, or parent—the law allows siblings or the heirs of deceased siblings to bring a claim. This change finally recognizes that the circle of grief is often far wider than the law previously acknowledged.

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Your First Steps to Securing Justice Under the New Law

This isn't about adding pressure during an impossible time. It’s about offering a steady hand and a clear path forward. Your focus should be on your family—our focus will be on the fight.

Here is what you must do to protect your family’s rights:

1. Confirm Your Deadline. Immediately. You need an expert to analyze the facts and calculate your precise filing deadline. Is it the two-year clock? The new three-year felony exception? Or the four-year hit-and-run rule? Getting this wrong is fatal to your claim.
2. Strategize Your Filing Date. If your loss occurred in 2024, we need to make a strategic decision. Filing on or after January 1, 2025, unlocks the new $2.125 million non-economic damages cap. This isn't just about filing paperwork—it's about maximizing your family’s recovery.
3. Decline All Recorded Statements. The at-fault party's insurance adjuster will call and ask for a recorded statement. Politely but firmly say no. These calls are designed to find ways to twist your words and pin blame where it doesn't belong.

This isn't just about meeting a deadline anymore. It's about knowing the new rules better than the insurance company does—and using them to build a fortress around your family’s rights.

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Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. The law is complex and the outcome of any case depends on a variety of factors. You should not rely on this information as a substitute for professional legal advice. If you have a legal issue, you should consult with an experienced attorney.

When you're ready, we're here. We’ll sit down, talk through everything, and make a plan. The call is free. The peace of mind is priceless. I got you.