Colorado law determines who is able to file a wrongful death claim. The law also has stipulations about who can file based on how soon after the death has occurred.
In the first year following a person's death, only the deceased's surviving spouse is allowed to file a wrongful death lawsuit. However, there are some exceptions to this. The surviving spouse may choose to allow the deceased's children to file the claim or join with the deceased's children in filing the claim. If the deceased was unmarried at the time of their death, then the deceased’s children or designated beneficiary will be allowed to file a wrongful death lawsuit.
In the second year following the deceased's death, any of the following parties are allowed to file a wrongful death lawsuit:
The spouse of the deceased
Surviving children of the deceased
The spouse and the deceased's children
Any eligible designated beneficiary of the deceased and the deceased’s children