Wrongful Death Statute of Limitations in Colorado
Last verified 2026-07 · Source: Colo. Rev. Stat. § 13-21-204 (via § 13-80-102) ✓ verified · 3 sources
The deadline
2 years
from Date of death (or earlier date of discovery of injury, but no later than date of death), under Colo. Rev. Stat. § 13-21-204 (via § 13-80-102).
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Colorado law sets a hard deadline of 2 years to file a wrongful death lawsuit. The controlling statute is Colo. Rev. Stat. § 13-21-204 (via § 13-80-102), and the clock generally starts on Date of death (or earlier date of discovery of injury, but no later than date of death). Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
Colorado Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Wrongful Death | 2 years | Colo. Rev. Stat. § 13-21-204 (via § 13-80-102) |
| Car Accident | 3 yrs | C.R.S. § 13-80-101(1)(n) |
| Credit Card Debt | 6 yrs | Colo. Rev. Stat. § 13-80-103.5(1)(a) |
| Medical Malpractice | 2 yrs | C.R.S. § 13-80-102.5 |
| Personal Injury | 2 yrs | C.R.S. § 13-80-102(1)(a) |
| Dog Bite | 2 yrs | C.R.S. § 13-80-102 |
| Slip and Fall | 2 yrs | C.R.S. § 13-80-102 |
| Defamation | 1 yr | C.R.S. § 13-80-103(1)(a) |
| Breach of Contract | 3 yrs | Colo. Rev. Stat. § 13-80-101(1)(a) |
| Medical Debt | 6 yrs | C.R.S. § 13-80-103.5 |
When the Clock Starts
In Colorado, the limitations period for wrongful death claims generally begins on Date of death (or earlier date of discovery of injury, but no later than date of death). Colorado recognizes a discovery rule for this claim type: Clock starts when injury becomes known or should have been discovered through reasonable care, but begins running no later than the date of death itself. This is a limited discovery rule per case law annotations to § 13-21-204.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Written notice must be filed within 182 days after discovery of injury under the Colorado Governmental Immunity Act (CGIA), Colo. Rev. Stat. § 24-10-109. Notice must include: claimant name/address, factual basis with date/time/place, name of public employee involved, nature and extent of injury, and damages amount. Filed with the attorney general (state claims) or governing body/attorney of the public entity (local claims), via certified mail or personal service. Failure to file notice permanently bars the action.
- Damage caps: Noneconomic damages capped at $2,125,000 for wrongful death actions filed between Jan 1, 2025 and Jan 1, 2026 (Colo. Rev. Stat. § 13-21-203). No cap if death results from felonious killing (1st/2nd degree murder or manslaughter). Medical malpractice deaths have separate escalating caps: $555K (2025) to $1.575M (2029). Exemplary damages allowed up to actual damages amount. No cap on economic damages.
§ 13-21-204 incorporates the 2-year limitation from § 13-80-102. Wrongful death is a statutory creation, making timeliness an indispensable condition of liability. Filing priority: Year 1 - surviving spouse has exclusive right (unless they elect otherwise in writing); Year 2 - spouse, children, or designated beneficiary; if no spouse/children, parents may file. Hit-and-run exception: 4-year SOL from date of death. Minor tolling confirmed applicable to wrongful death per § 13-81-103 case annotations. Survival action is separate under § 13-20-101. Colorado is a modified comparative fault state (50% bar).
Source: Colo. Rev. Stat. § 13-21-204 (via § 13-80-102), official Colorado statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Colorado government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Colorado Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Colorado | 2 years | Colo. Rev. Stat. § 13-21-204 (via § 13-80-102) |
| Wyoming | 2 yrs | Wyo. Stat. § 1-38-102 |
| Nebraska | 2 yrs | Neb. Rev. Stat. § 30-810 |
| Kansas | 2 yrs | K.S.A. § 60-1901 |
| Oklahoma | 2 yrs | Okla. Stat. tit. 12, § 1053 |
| New Mexico | 3 yrs | NMSA 1978, § 41-2-2 |
| Utah | 2 yrs | Utah Code § 78B-2-304 |
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Colorado?
You have 2 years from Date of death (or earlier date of discovery of injury, but no later than date of death), under Colo. Rev. Stat. § 13-21-204 (via § 13-80-102).
Can I still sue after 2 years in Colorado?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to wrongful death claims in Colorado?
Yes. Clock starts when injury becomes known or should have been discovered through reasonable care, but begins running no later than the date of death itself. This is a limited discovery rule per case law annotations to § 13-21-204.
What if the victim was a minor?
Colorado generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Written notice must be filed within 182 days after discovery of injury under the Colorado Governmental Immunity Act (CGIA), Colo. Rev. Stat. § 24-10-109. Notice must include: claimant name/address, factual basis with date/time/place, name of public employee involved, nature and extent of injury, and damages amount. Filed with the attorney general (state claims) or governing body/attorney of the public entity (local claims), via certified mail or personal service. Failure to file notice permanently bars the action.
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Sources
- Official Colo. Rev. Stat. § 13-21-201 (official Colorado Legislature)
- Corroborating Wrongful Death Lawsuits in Colorado - Nolo
- Corroborating Colorado Rev. Stat. § 13-21-204 - Limitation of Actions - Justia
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Colorado attorney.