Colorado Wrongful Death Settlement Calculator
Colo. Rev. Stat. § 13-21-201 — spouse holds sole standing for the first year, heirs only in year two. 2-year SOL. No statutory damages cap, only the reasonableness standard for fees.
How much is a Colorado wrongful death claim worth? Colorado sets no statutory cap on wrongful death damages. Value depends on the decedent's earning capacity and the heirs' loss, not on a fixed formula — Colorado law instead restricts who may sue and when, which is often the deciding factor in whether a claim survives at all.
⚖ Colo. Rev. Stat. § 13-21-201: only the spouse may sue in year one. No damages cap. Government claims: 182-day notice deadline.
Your Injury
Your Estimated Settlement
$36,000 — $66,000
Pain and suffering = $15,000 in medical bills × 3.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
What you'd actually take home
- Estimated settlement
- $51,000
- Attorney fee (33–40%)
- −$17,000 to −$20,400
- Roughly yours
- $30,600 – $34,000
Not included: case costs (court filing, expert witnesses, medical records) and any medical liens or health-insurance reimbursement. Those come out of your share too, so treat the figure above as an upper bound.
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Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor · Last updated
Colorado Wrongful Death — Standing and Deadlines
Colorado's wrongful death statute, Colo. Rev. Stat. § 13-21-201, sets a strict, time-gated order of who may bring the claim. For the first year after death, only the surviving spouse may sue, unless the spouse elects in writing to let the heirs sue jointly with, or instead of, the spouse. Only in the second year after death, if the spouse did not sue during year one, may the heir or heirs sue on their own. If there is no spouse, the heir(s) or a designated beneficiary may sue from the start. For an unmarried minor or an adult decedent without descendants, the parents may sue jointly, with the court apportioning any judgment between separated or divorced parents based on their relationship with the deceased.
This spouse-first, heirs-second staged standing rule is the single most common way a Colorado wrongful death suit gets thrown out on standing grounds. The wrong plaintiff suing in year one is fatal, even though that same person could have sued in year two.
The claim itself must generally be commenced within 2 years after the cause of action accrues (the date of death), under Colo. Rev. Stat. §§ 13-21-204 and 13-80-102(1)(d), which states the action "must be commenced within two years after the cause of action accrues, and not thereafter." One narrow exception extends the period to 4 years: where the death results from vehicular homicide combined with the defendant leaving the scene, as part of the same criminal episode. Separately, a claim against a Colorado government entity requires written notice within 182 days after discovery of the injury or death, under the Colorado Governmental Immunity Act (Colo. Rev. Stat. § 24-10-109) — far shorter than the ordinary 2-year deadline, and described in the statute as jurisdictional, meaning failure to comply forever bars the action independent of the ordinary limitations period. On attorney fees, Colorado sets no statutory cap on contingency fees in wrongful death cases — only the general reasonableness standard under Colo. RPC 1.5(a) applies. A separate statute, C.R.S. 13-64-302, caps certain damages, not fees, and is often miscited as a fee cap; in workers' compensation matters, a fee above 25% of disputed benefits is considered unreasonable, but that limit does not apply to wrongful death claims.
Colorado Wrongful Death FAQs
Who can file a wrongful death claim in Colorado?
For the first year after death, only the surviving spouse may sue, unless the spouse elects in writing to let the heirs sue jointly with, or instead of, the spouse. Only in the second year, if the spouse did not sue in year one, may the heir(s) sue on their own. If there is no spouse, the heir(s) or a designated beneficiary may sue from the start. For an unmarried minor or an adult decedent without descendants, the parents may sue jointly, with the court apportioning any judgment between separated or divorced parents. Colo. Rev. Stat. § 13-21-201(1).
How long do I have to file a wrongful death claim in Colorado?
Generally 2 years from when the cause of action accrues (the date of death), under Colo. Rev. Stat. §§ 13-21-204 and 13-80-102(1)(d). One exception extends the period to 4 years where the death results from vehicular homicide combined with the defendant leaving the scene as part of the same criminal episode.
What happens if the wrong person sues in year one?
The claim can be dismissed on standing grounds. Colorado's spouse-first, heirs-second rule means that during the first year after death, only the surviving spouse has standing to sue (absent a written election letting the heirs join or sue instead). Heirs suing on their own during year one, while the spouse is still alive and has not made that election, is the single most common way a Colorado wrongful death suit gets thrown out.
Is there a cap on wrongful death damages in Colorado?
No statutory cap applies to wrongful death damages under the facts verified here. Value depends on the decedent's earning capacity and the heirs' documented loss rather than a fixed ceiling.
Is there a cap on attorney contingency fees in Colorado wrongful death cases?
No statutory cap. Colorado applies only the general reasonableness standard under Colo. RPC 1.5(a). A contingency fee is a share of any recovery, agreed with the attorney, not a fixed statutory percentage. A separate statute, C.R.S. 13-64-302, caps certain damages, not attorney fees, and is often confused with a fee cap.
What if the death involved a Colorado government entity?
A claim against a Colorado government entity requires written notice within 182 days after discovery of the injury or death, under the Colorado Governmental Immunity Act (Colo. Rev. Stat. § 24-10-109). This notice requirement is separate from, and far shorter than, the ordinary 2-year statute of limitations, and is described in the statute as jurisdictional — missing it forever bars the action regardless of how much time remains under the general deadline.
What is the general statute of limitations Colorado's wrongful death deadline is tied to?
Colo. Rev. Stat. § 13-21-204 cross-references Colorado's general 2-year tort limitations statute, § 13-80-102(1)(d), which requires that the action "must be commenced within two years after the cause of action accrues, and not thereafter."
Can the surviving spouse let the heirs sue instead during the first year?
Yes. Upon the spouse's written election, the heir or heirs of the deceased may sue jointly with the spouse, or in place of the spouse, during the first year. Without that written election, the heirs must wait until the second year, and only if the spouse has not already sued.
Related
Wrongful Death Calculators by State
Wrongful-death damages, caps, and who can file vary by state:
Other Calculators for Colorado
Each Colorado calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses Colorado verdict data where available.