Losing a family member due to someone else’s negligence is one of the most devastating experiences a person can face. In the midst of grief, the last thing most families want to think about is a lawsuit. But understanding your legal rights — and the strict deadlines that govern them — is essential to protecting your family’s financial future and holding the responsible party accountable.
This guide provides an overview of wrongful death claims in Colorado and Nevada: who can file, what can be recovered, and how the process works.
1. What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought on behalf of a deceased person’s surviving family members when the death was caused by another party’s negligent, reckless, or intentional conduct.
Wrongful death claims are separate from any criminal proceedings that may arise from the same incident. A criminal prosecution is brought by the government and results in punishment. A wrongful death claim is brought by the family and seeks financial compensation for their losses.
Common circumstances that give rise to wrongful death claims include:
- Fatal car, truck, or motorcycle accidents
- Medical malpractice resulting in death
- Workplace accidents
- Defective products
- Premises liability incidents, including swimming pool drownings and falls
- Criminal acts such as assault
2. Who Can File a Wrongful Death Claim in Colorado?
Colorado’s wrongful death statute (C.R.S. § 13-21-201 et seq.) establishes a specific hierarchy of who may bring a wrongful death claim:
Year One After Death: Only the surviving spouse or surviving children of the deceased may bring a wrongful death claim during the first year following the death. If the deceased had no spouse or children, the deceased’s parents may file.
Year Two After Death: If no action has been filed by the end of the first year, the surviving children (or parents, if there are no children) may also bring a claim.
Estate Representative: In some circumstances, the personal representative of the deceased’s estate may bring a survival action — a separate but related claim — for damages the deceased could have recovered had they survived.
Colorado’s statute of limitations for wrongful death claims is two years from the date of death (C.R.S. § 13-80-102).
3. Who Can File a Wrongful Death Claim in Nevada?
Nevada’s wrongful death statute (NRS § 41.085) permits the following individuals to bring a wrongful death action:
- The personal representative of the deceased’s estate
- Heirs of the deceased — which typically includes the surviving spouse, children, parents, and siblings, depending on the circumstances
Nevada’s statute of limitations for wrongful death claims is two years from the date of death (NRS § 11.190).
4. What Damages Can Be Recovered?
Wrongful death damages fall into two broad categories: those that compensate the surviving family members for their own losses, and those that compensate the estate for what the deceased lost.
Damages for Surviving Family Members May Include:
- Loss of financial support: The income, benefits, and financial contributions the deceased would have provided to the family over their expected lifetime.
- Loss of companionship and consortium: The emotional and relational loss suffered by a surviving spouse, children, or parents.
- Loss of guidance and parental support: Particularly relevant when a parent of minor children is killed.
- Grief and sorrow: In Nevada, surviving family members may recover damages for their own grief, sorrow, and mental anguish.
- Funeral and burial expenses: Reasonable costs associated with the deceased’s funeral and burial.
Damages for the Estate (Survival Action) May Include:
- Medical expenses incurred between the accident and the death
- Lost wages the deceased would have earned between the accident and death
- Pain and suffering experienced by the deceased prior to death
Punitive Damages
In cases involving particularly egregious conduct — such as a drunk driver with prior DUI convictions, or a company that knowingly concealed a product defect — punitive damages may also be available in both Colorado and Nevada.
5. Damage Caps in Wrongful Death Cases
Colorado: Colorado’s non-economic damage caps (approximately $613,000 for most cases, adjustable upward with clear and convincing evidence) generally apply to wrongful death claims as well. Economic damages remain uncapped.
Nevada: Nevada does not impose general caps on wrongful death damages for standard negligence claims. Juries have full discretion to award what they find fair and appropriate.
6. The Relationship Between a Wrongful Death Claim and a Criminal Case
When a death results from criminal conduct — such as a DUI accident or an assault — criminal charges may be filed alongside a civil wrongful death claim. These proceedings are separate and independent:
- The criminal case is prosecuted by the government and requires proof beyond a reasonable doubt.
- The civil wrongful death claim is brought by the family and requires proof only by a preponderance of the evidence (more likely than not).
A criminal conviction of the at-fault party can strengthen your civil claim significantly, but it is not required. Many wrongful death families successfully recover civil damages even when criminal charges are not filed or result in acquittal.
7. Why These Cases Require Experienced Legal Representation
Wrongful death claims are among the most legally and emotionally complex cases in personal injury law. They involve:
- Calculating future lost income and support across a projected lifetime
- Navigating state-specific statutes governing who can file and what can be recovered
- Coordinating with estate attorneys and financial experts
- Managing the emotional weight of litigation while a family is grieving
- Standing up to well-resourced defendants and insurance companies who will fight aggressively to minimize their exposure
The families who recover the most are typically those represented by attorneys who have handled these cases before — who know the law, know how to quantify the full scope of losses, and are prepared to take the case to trial if necessary.
You Deserve Answers and Accountability
No amount of money brings back a loved one. But a wrongful death claim can provide financial stability for the family left behind, hold the responsible party accountable, and in some cases create pressure for systemic changes that prevent future tragedies.
If your family has lost someone due to another party’s negligence in Colorado or Nevada, Kim Welch Law is here to help. We will walk you through your options with honesty and compassion — and fight for everything your family deserves.
Talk to Kim Welch Law Today
Colorado Springs and Las Vegas/Henderson, NV: (888) 590-5510 Website: www.kimwelchlaw.com
Kim Welch is a personal injury attorney serving clients in Colorado Springs, CO and Las Vegas and Henderson, NV. This blog post is for general informational purposes only and does not constitute legal advice. Contact our office for guidance specific to your situation.