Under Colorado's Wrongful Death Act, a parent can maintain a wrongful death claim only if the deceased had no surviving spouse and no children, and no designated beneficiary. Unlike claims concerning property, wrongful death claims cannot be assigned. For example, a deceased's surviving children cannot assign their claim to the deceased's parent. The deceased's parent cannot legally make a claim when the deceased has a surviving child.
The status of the deceased at the date of their death is what determines who can make a wrongful death claim on their behalf. For example, if the deceased person was a married adult without children, and their spouse dies before a wrongful death lawsuit is filed, the parents of the deceased cannot file a claim.
To ensure that the family of the deceased gets the justice they deserve, It is important that they act quickly and consult with a wrongful death attorney as soon as possible. The law makes no exceptions for such unfortunate circumstances.