Colorado law defines who is allowed to file a wrongful death lawsuit and when they are allowed to. This law is fairly different from how other states handle these situations. If the deceased individual was married, had children, or named a designated beneficiary in their will or estate plan, then there are particular individuals who can file within the first year from the date of death. If there was a surviving spouse, then only the surviving spouse is allowed to file the wrongful death claim within the first year, with a few exceptions. The surviving spouse can elect to allow the children of the deceased to file the claim or join in the claim with them.
If the individual was unmarried at the time of death, then their children or designated beneficiary may file within that first year. During the second year after the date of death, any of the following individuals are allowed to file the wrongful death claim: Surviving spouse
Surviving children
Surviving spouse and children together in one claim
The designated beneficiary and the deceased’s children together in one claim In the event the children of the deceased file the wrongful death claim, the surviving spouse and/or the designated beneficiary will have 90 days to join the lawsuit.