Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

Colorado's 2-year wrongful death deadline matches its ordinary injury deadline in length — but a distinct timing rule about who can file first makes this more complicated than a simple matching number.

The overall 2-year window

A wrongful death claim in Colorado must generally be filed within 2 years of the date of death, the same overall length as Colorado's general personal injury statute of limitations. This clock runs from the date of death, not the date of any underlying injury — relevant when someone is injured, survives for a period, and later dies from that injury.

The spouse's first-year exclusivity isn't a shorter deadline

Colorado layers a separate priority rule on top of the 2-year window: the surviving spouse has the exclusive right to bring the claim during the first year after death. This doesn't shorten the overall filing deadline — it determines who can initiate the claim during that first year. After the first year passes without the spouse filing, the decedent's children (or, under the 2024 reform, potentially a sibling in certain circumstances) may step in, still within the overall 2-year window.

Medical malpractice follows a different framework

A wrongful death claim tied to medical malpractice generally follows Colorado's separate limitations framework under the Health Care Availability Act, distinct from the general 2-year rule — confirm the applicable timeline with an attorney whenever malpractice may be involved.

This is general information, not legal advice, and deadline rules allow little room for error. Confirm the exact deadline and filing priority for your situation with a licensed Colorado attorney immediately.