What counts as a catastrophic injury under Colorado law?

Colorado law does not set a single fixed definition, but the term is generally used for injuries that permanently change how you live: traumatic brain injuries, spinal cord injuries, severe burns, the loss of a limb, and other harm that requires ongoing medical care or support. What matters most for your claim is not the label, but the long-term impact of the injury on your health, your ability to work, and your daily life.

How long do I have to file a catastrophic injury claim in Colorado?

It depends on how the injury happened. If it arose from a car, truck, or motorcycle crash, you generally have three years from the date of the accident. For most other negligence-based injuries, such as a fall on unsafe property, the deadline is generally two years. If a government entity may be responsible, you generally must file written notice within 182 days, well before either deadline would otherwise run. Because the correct deadline depends on the facts of your case, it is worth confirming it early.

Is there a cap on what I can recover for a catastrophic injury?

Colorado does not cap economic damages, such as medical bills, future care, and lost income, which are often the largest part of a catastrophic injury claim. Non-economic damages, such as pain and suffering, are capped for most claims filed on or after January 1, 2025. Because economic damages are uncapped, thoroughly documenting the true, lifetime cost of the injury is one of the most important parts of the case.

Why do catastrophic injury claims usually need outside experts?

The cost of a serious injury rarely ends when treatment does. Ongoing care, home modifications, assistive equipment, and lost future earning capacity can extend for decades. Medical and vocational experts help translate a diagnosis into a realistic projection of what your care and lost income will actually cost over your lifetime, which is often the difference between a settlement that covers your future needs and one that falls short.

What if I was partially at fault for the accident that caused my injury?

You can still recover damages as long as you were less than 50 percent at fault, with your recovery reduced by your own percentage of fault. If you are found 50 percent or more at fault, you cannot recover from the other party. Given how much is often at stake in a catastrophic injury claim, how fault is investigated and argued matters a great deal.

What if my loved one can no longer make decisions for themselves?

Some catastrophic injuries affect a person's cognitive function or ability to communicate, which can require a family member to seek a legal guardianship or conservatorship before a claim can move forward on their behalf. This adds a layer most personal injury claims do not have, and it is worth raising early so the right legal steps happen in the right order.

How long do I have to file a truck accident lawsuit in Colorado?

Claims arising from the use or operation of a motor vehicle, including semi-truck and tractor-trailer crashes, generally must be filed within three years. If a government entity may share fault, written notice is required within 182 days, a far shorter window. The practical deadline is often sooner than the legal one, because critical carrier records can be destroyed on routine schedules within months of the crash.

Who do I sue after a semi-truck accident, the driver or the company?

Often both, and frequently others. The motor carrier is generally responsible for its driver's on-the-job negligence, and it can also be directly liable for its own failures in hiring, training, scheduling, or maintenance. Shippers, cargo loaders, maintenance contractors, and brokers can share responsibility depending on the facts. Identifying every liable party matters because it determines the insurance available to pay the claim.

Are truck drivers held to different standards than other drivers?

Yes. Commercial drivers must hold a CDL, follow federal hours-of-service limits, submit to drug and alcohol testing, and operate under a stricter impairment threshold of 0.04 percent blood alcohol, half the limit for other drivers. Their employers must inspect and maintain vehicles under federal rules. Violations of these standards are often central to proving a truck accident claim.

The trucking company's insurer already offered me a settlement. Should I take it?

Be cautious with any early offer. Quick settlements are typically made before the full extent of your injuries and future costs is known, and accepting one ends your claim permanently, even if your condition worsens. Before signing anything, it is worth having an attorney review the offer against the actual long-term cost of your injuries. Elkus & Sisson offers a free consultation for exactly that purpose.

What is my truck accident claim worth?

There is no fixed formula, but truck claims are often worth more than car crash claims for two reasons: the injuries tend to be more severe, and there is usually more insurance available because federal law requires carriers to hold higher coverage. Your claim generally reflects your economic losses, which Colorado does not cap, plus noneconomic losses like pain and suffering, which are capped for most injury claims filed on or after January 1, 2025. Shared fault reduces recovery, which is why the insurer's version of events should never go unchallenged. Documenting the full long-term cost is what protects the value of the claim.

What evidence should be preserved after an 18-wheeler crash?

The most important records belong to the carrier: electronic logging device data, engine control module data, driver qualification files, drug and alcohol test results, inspection and maintenance records, dispatch records, and any dashcam footage. On your side, keep photos from the scene, witness contact information, medical records, and all correspondence from insurers. A preservation letter from an attorney puts the carrier on legal notice not to destroy its records.

Colorado Wrongful Death Lawyer

Losing someone you love can make legal questions feel secondary to everything else your family is carrying. At the same time, Colorado filing deadlines continue to run. Getting clear information early can help preserve your options without requiring your family to make every decision at once.

Elkus & Sisson, P.C. represents Colorado families in wrongful death and serious personal injury matters. Our attorneys can explain who may have the right to bring an action, what losses may be addressed, and which deadlines may apply based on the facts of the case.

What Qualifies as a Catastrophic Injury in Colorado

Colorado’s wrongful death statute, C.R.S. § 13-21-201, gives filing rights to specific people and changes those rights based on the family relationship and the time that has passed since the death.^[1] During the first year after death, a surviving spouse generally has the primary right to bring the action. The spouse may also make a written election allowing the spouse and the deceased’s heirs to proceed together, or allowing the heirs to proceed if there is no surviving spouse; heirs and, in qualifying circumstances, a legally recognized designated beneficiary may have filing rights during the first year. Parents may have filing rights if the deceased was unmarried and had no descendants, subject to the conditions outlined in the statute. Since January 1, 2025, siblings or heirs of siblings may also bring an action in narrow circumstances, including situations where the deceased left no spouse, heirs, designated beneficiary, and, when the statute requires it, no surviving parent.^[1] In the second year, the statute allows additional combinations of eligible family members to bring or join the action. Because only one civil action may be brought for the wrongful death of one person, confirming who has the right to act can help reduce conflict and avoid procedural problems.^[1] ^[4]

How Fault Is Established in a Wrongful Death Claim

Under C.R.S. § 13-21-202, a wrongful death action may arise when the conduct that caused the death would have supported a claim by the deceased if the person had survived.^[2] Depending on the case, that may involve negligence, a wrongful act, or another legally recognized basis for liability. Colorado’s comparative negligence rules can also affect recovery. If the deceased shared responsibility for the event, the amount recoverable may be reduced and, in some circumstances, recovery may be barred.[3] Evidence such as crash reports, medical records, witness statements, photographs, video, and other documentation can be important when liability is disputed.

Colorado wage and hour law materials, employee pay statement, calculator, and payroll documents on a legal office desk.

Damages a Wrongful Death Claim May Address

Wrongful death damages can include financial losses tied to the death, such as funeral and burial expenses and the financial support or services the deceased would reasonably have provided. Colorado law also allows qualifying survivors to seek noneconomic damages for losses such as grief, loss of companionship, pain and suffering, and emotional stress.^[4]

For many wrongful death claims that accrue on or after January 1, 2025, Colorado law uses a $2,125,000 statutory limit under C.R.S. § 13-21-203. The way that limit applies depends on the claimant relationship, the type of claim, and the statute’s applicability rules. Medical malpractice wrongful death claims follow a separate phased damages schedule. The general limit also does not apply when the death meets Colorado’s statutory definition of a felonious killing.^[4]

Because different categories of damages and different statutory limits can apply to the same event, a case-specific review is more reliable than using a single damages figure to estimate a claim.

The Survival Action: A Separate Estate Claim

Colorado also recognizes a separate survival action under C.R.S. § 13-20-101. A survival action belongs to the deceased’s estate and can address certain losses incurred before death, including pre-death expenses and lost earnings.^[5]

In an ordinary tort survival action, Colorado law generally does not allow recovery for the deceased’s pain, suffering, or disfigurement, and it does not allow prospective earnings or profits after death.^[5] Depending on the facts, a wrongful death action and a survival action may both be relevant, but they address different losses and are brought by different parties.

Representing Families Across Colorado

Elkus & Sisson, P.C. is based in Greenwood Village and handles personal injury matters for clients in the Denver metro area and across Colorado. Wrongful death claims can arise from car crashes, truck crashes, motorcycle crashes, dangerous property conditions, and other incidents involving alleged negligence or wrongful conduct. When a death follows a motor vehicle crash, the liability analysis may overlap with a car accident, truck accident, or motorcycle accident claim, while Colorado’s wrongful death statutes determine who may bring the action and what damages may be available.

Filing Deadlines for Catastrophic Injury Claims in Colorado

Colorado generally requires a wrongful death action to be filed within two years after the claim accrues. Under C.R.S. § 13-80-108(2), a wrongful death claim generally accrues on the date of death.^[6]

A four-year period applies in the narrow circumstance described in C.R.S. § 13-80-102(2), when the defendant committed vehicular homicide and, as part of the same criminal episode, committed the offense of leaving the scene of a crash that resulted in death.^[6]

Claims involving a public entity or public employee can involve an additional notice requirement under the Colorado Governmental Immunity Act. C.R.S. § 24-10-109 generally requires written notice within 182 days after discovery of the injury, subject to the statute’s requirements and exceptions.^[7] That notice period is separate from the deadline for filing a lawsuit.

Deadlines can change based on the claim type and facts. Reviewing the timeline early can help determine which dates control without assuming the general two-year period applies to every situation.

What Families Often Want to Understand First

Who may act. Colorado law assigns filing rights based on relationship and timing, so the correct plaintiff is not always obvious.
What the claim may cover. Wrongful death and survival actions address different losses, and statutory limits can vary by claim type.
Whether more than one family member can participate. Only one wrongful death civil action may be brought for one decedent, but the statute provides ways for certain eligible parties to proceed together or join.
Which deadlines apply. The general two-year rule is important, but shorter notice periods and special exceptions may apply.

Frequently Asked Questions

Who has the right to file a wrongful death claim in Colorado?

It depends on family relationship and timing. During the first year, a surviving spouse generally has the primary filing right, but the spouse can make a written election allowing heirs to proceed. If there is no spouse, heirs and certain designated beneficiaries may have rights. Parents and, since 2025, siblings or heirs of siblings can qualify in specific circumstances. The second-year rules allow additional eligible parties and combinations.

How long does a family have to file a wrongful death claim in Colorado?

Most Colorado wrongful death actions are subject to a two-year filing period, and the claim generally accrues on the date of death. A narrow four-year rule applies when the defendant committed vehicular homicide and, in the same criminal episode, committed the offense of leaving the scene of a crash that resulted in death. Other claim types can involve different deadlines.

Is there a cap on wrongful death damages in Colorado?

Colorado uses statutory limits that depend on the circumstances. For many claims accruing on or after January 1, 2025, C.R.S. § 13-21-203 uses a $2,125,000 limit. Medical malpractice wrongful death claims follow a separate phased schedule, and a statutory felonious killing can remove the general limit. The treatment of economic and noneconomic losses also depends on the statute and the claimant relationship.

What is the difference between a wrongful death claim and a survival action?

A wrongful death action addresses losses suffered by qualifying survivors because of the death. A survival action belongs to the deceased’s estate and addresses certain losses incurred before death. In ordinary tort survival actions, Colorado generally excludes the deceased’s pain and suffering, disfigurement, and prospective post-death earnings.

Can more than one family member be involved?

Yes, depending on the statutory filing period and family relationships. Colorado permits certain eligible parties to proceed together or join an action. However, C.R.S. § 13-21-203 allows only one civil action for the wrongful death of one person.

What if the death involved a hit-and-run crash?

Colorado’s four-year wrongful death period is narrower than a general hit-and-run rule. It applies when the defendant committed vehicular homicide and, as part of the same criminal episode, committed the offense of leaving the scene of a crash that resulted in death. The statute does not state that a criminal conviction is required before the civil filing period can apply.

Talk With a Colorado Wrongful Death Lawyer

A wrongful death case can involve family filing rights, insurance issues, damages rules, and deadlines at the same time. From its Greenwood Village office, Elkus & Sisson, P.C. can review the circumstances of the death, explain the Colorado statutes that may apply, and discuss practical next steps. To discuss a wrongful death or serious personal injury matter, contact Elkus & Sisson, P.C. or call 303-567-7981 to schedule a confidential consultation.

Donald Sisson

Donald Sisson is an accomplished lead counsel in Denver, CO with many successful outcomes in various areas of practice including complex civil litigation, construction law, real estate litigation, corporate disputes, personal injury, and police defense…

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Reid Elkus

Reid Elkus’ representation of his clients ranges from individual and small businesses to very large corporations in several areas of the law. Having litigated a vast array of cases in matters including complex security cases, breach of contract, breach of partnership matters…

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Sources

[1] C.R.S. § 13-21-201, wrongful death filing rights and priority; HB24-1472, 2025 sibling amendment. Source | Additional authority

[2] C.R.S. § 13-21-202, action for death caused by wrongful act, neglect, or default. Source

[3] C.R.S. § 13-21-111, comparative negligence. Source

[4] C.R.S. § 13-21-203, wrongful death damages and one-action rule; HB24-1472, damages-cap changes. Source | Additional authority

[5] C.R.S. § 13-20-101, survival of actions and damages limitations. Source

[6] C.R.S. §§ 13-80-102 and 13-80-108, wrongful death limitations period and accrual. Source | Additional authority

[7] C.R.S. § 24-10-109, Colorado Governmental Immunity Act notice. Source

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Talk With a Colorado Wrongful Death Lawyer

If your family lost a loved one because of another party’s negligence or wrongful conduct anywhere in Colorado, contact Elkus & Sisson, P.C., to schedule a consultation. Our Colorado wrongful death attorneys can review what happened, explain who may have the right to bring a claim, discuss applicable deadlines, and outline legal options for pursuing compensation related to funeral expenses, lost financial support, loss of companionship, and other damages available under Colorado law.