Your eligibility to file a wrongful death lawsuit for a car accident in Colorado is based on your relationship to the decedent. This relationship may also impact the timing of your claim.
The only person allowed to file a wrongful death lawsuit in Colorado during the first year following the death of your loved one is their surviving spouse.
The spouse has the option to file the claim in conjunction with other surviving heirs or defer the right to file to them. If the decedent does not have a surviving spouse, the heirs or a designated beneficiary automatically has the right to file the claim.
After the first year has passed, a car accident wrongful death lawsuit can be filed by any of the surviving heirs or designated beneficiary. If the deceased is a child or has no heirs, their parents may file the claim at any time.