When can a family member sue for the wrongful death of their loved one in Colorado?

A family member can usually sue for the passing of their loved one if their death was brought on by a wrongful act or negligence.1 For example, if a doctor made a mistake during a surgical procedure and the error caused an individual to suffer fatal injuries, a wrongful death lawsuit can be brought against the doctor or the hospital he/she works for. If a police officer applied excessive force while making an arrest, then the suspect’s family could file a wrongful death lawsuit against the officer or the police department.

The best way to determine if a wrongful death lawsuit can be filed on behalf of a family member is to assess whether the decedent would have had the grounds to sue for the injuries he/she suffered had he/she not passed away.


Establishing Liability After the Untimely Death of a Loved One


If an individual recently lost someone they love and they are trying to find out if they have the grounds to sue, they can always contact a Colorado wrongful death lawyer who can provide them with a case evaluation. Generally, in order to initiate the lawsuit process, the surviving family member will need to:

  1. Confirm they are permitted to take legal action as the State only permits certain individuals to file these types of lawsuits.
  2. Be able to prove that it was another party’s recklessness or carelessness that led to their loved one suffering fatal injuries.


Who can file a wrongful death lawsuit in Colorado?


According to Colorado Revised Statute §13-21-201, any of the following individuals are permitted to come forward with a wrongful death lawsuit:

  • The spouse of the decedent
  • The decedent’s children
  • The parent of the decedent


If the decedent does not have a surviving spouse, child, or parent(s), then their estate can take civil action.


How can negligence be proven in a wrongful death case?


Once an individual confirms they are permitted to file a wrongful death lawsuit on behalf of their loved one, they will want to meet with a Colorado police brutality attorney who can help them identify in what ways the other party was negligent. Were they driving drunk? Was the guilty party a property owner who failed to ensure their premises were reasonably safe and hazard-free?

Establishing negligence in a wrongful death case requires time and a firm understanding of the laws that apply to these types of cases. Because most individuals don’t have the time to dedicate to building a strong case on behalf of their loved one and aren’t familiar with the laws that apply to their case, they choose to retain a wrongful death lawyer in Colorado who can help them prove how the other party was negligent.


The Attorneys at Bryan & Terrill Law, PLLC Have a Great Deal of Experience With Handling Wrongful Death Cases


If an individual recently lost someone they love in a preventable accident and would like to find out if they can file a wrongful death lawsuit and potentially recover damages, Bryan & Terrill Law, PLLC is only a phone call away.


Bryan & Terrill Law, PLLC can be reached at:


333 W. Hampden Avenue, #420B

Englewood, CO 80110

Phone: 720-923-2333

Website: www.btlawdenver.com



  1. https://leg.colorado.gov/sites/default/files/images/olls/crs2016-title-13.pdf