Who Can File a Wrongful Death Claim in Colorado

By the FigureMyTax Editorial Team · How we calculate

Colorado's traditionally narrow wrongful death eligibility list just got a meaningful addition — siblings, in certain circumstances, as of the state's 2024 reform.

The traditional priority structure

Colorado has long used a tiered, time-sensitive structure. The surviving spouse has the exclusive right to bring the claim during the first year after death. If there's no surviving spouse, or after that first year passes, the decedent's children may file. For an unmarried, childless decedent, the parents may bring the claim instead.

Siblings: a genuinely new addition

Under House Bill 24-1472, a sibling of the deceased may now bring a wrongful death action in certain circumstances — a meaningful expansion beyond the traditional spouse, children, and parent categories. This wasn't a minor technical fix; it reflects a legislative judgment that Colorado's prior structure left some genuine family losses without a path to compensation.

The spouse's first-year exclusivity remains

Despite the sibling addition, the traditional structural feature giving a surviving spouse the exclusive first-year right to file remains unchanged. HB 24-1472's eligibility expansion and damage cap increases didn't restructure this core timing rule.

This is general information, not legal advice. Beneficiary eligibility is fact-specific, especially under the new sibling provision. Confirm who qualifies in your situation with a licensed Colorado attorney.