The sudden loss of a loved one due to someone else’s negligence or wrongful actions brings unimaginable grief. On top of this emotional burden, families in Colorado face a painful truth: a missed legal deadline can forever prevent them from seeking justice and financial support. With significant updates to Colorado’s wrongful death laws taking effect January 1, 2025, understanding these time limits and new requirements is more important than ever to protect your family’s future.
At McCormick & Murphy P.C., we have dedicated over 60 years to guiding Colorado families through these heartbreaking situations. Since 1995, we’ve secured millions of dollars for our clients, recognizing the urgency families feel when pursuing wrongful death claims. The 2025 changes represent the most significant overhaul to Colorado’s wrongful death laws in over a decade. Acting strategically with your claim could mean the difference between receiving substantial compensation and losing your right to recovery entirely.
Colorado’s Two-Year Deadline: The Clock Begins Immediately
Colorado’s statute of limitations for wrongful death claims remains two years from the date of death. This deadline applies to most cases, whether caused by medical error, car accidents, workplace incidents, or other negligent acts. However, the exact application of this deadline has gained new layers of complexity with the 2025 legal revisions.
For example, if your loved one passed away on March 15, 2023, you generally have until March 15, 2025, to file your wrongful death lawsuit. Missing this deadline by even one day typically leads to your case being dismissed, regardless of how strong your claim may be.
Limited exceptions exist, such as cases involving criminal conduct where the perpetrator was identified later, or situations where the cause of death wasn’t immediately apparent. These exceptions are specific and require experienced legal analysis to determine if they apply to your family’s unique circumstances.
Major Updates for 2025: Why Strategic Filing Maximizes Your Family’s Recovery
House Bill 24-1472 introduces significant changes to Colorado’s wrongful death laws, effective January 1, 2025. These changes not only expand who can file claims but also dramatically increase the potential compensation families can receive.
Substantial Increase in Damage Limits
The most impactful change involves noneconomic damages, which cover pain, suffering, loss of companionship, and emotional distress. For wrongful death cases filed on or after January 1, 2025, this limit increases from approximately $680,000 to an impressive $2,125,000—more than tripling the potential compensation.
For medical malpractice wrongful death cases, the limit increases to $1,575,000, implemented over a five-year period. These limits will be adjusted for inflation every two years starting in 2028, helping them maintain their real value over time.
Crucially, cases involving “felonious killing”—such as homicide—will have no damage limit at all, allowing families to seek full compensation for their profound losses.
Expanded Eligibility for Filing Claims
Beginning in 2025, siblings of the deceased can file wrongful death claims if there is no surviving spouse, child, designated beneficiary, or parent. This expansion acknowledges the varied nature of family structures and the significant emotional and financial losses siblings often endure when a brother or sister dies due to someone else’s negligence.
Strategic Filing Considerations: The 2025 Advantage
Here’s why timing your filing is so important: the new, higher damage limits apply to all cases filed on or after January 1, 2025, regardless of when the death occurred, as long as the filing is within the two-year statute of limitations. This means families whose loved ones died in 2023 or early 2024 may significantly benefit from waiting until 2025 to file, provided they do not risk missing the two-year deadline.
However, this approach demands careful legal analysis. Waiting too long could result in lost evidence, unavailable witnesses, or missed deadlines. Our experienced team at McCormick & Murphy P.C. can help you determine the best filing strategy for your specific situation, balancing the desire for higher compensation with the need to preserve your claim.
Common Mistakes That Can Harm Your Case
Mistake 1: Misunderstanding When the Clock Starts
Some families mistakenly believe the two-year clock begins when they discover the negligence that caused their loved one’s death, not when the death occurred. This is generally incorrect for wrongful death cases in Colorado. The statute of limitations typically starts on the date of death, not when you discover the cause.
Solution: Do not delay speaking with an attorney. Even if you are unsure whether you have a case, early legal advice can protect your rights and ensure you do not miss deadlines.
Mistake 2: Assuming Any Family Member Can File at Any Time
Colorado law sets a specific order for who can file wrongful death claims. Spouses have priority, followed by children, then parents, and now siblings under the 2025 changes. Family disagreements over who should file can consume precious time and jeopardize the entire claim.
Solution: Work with attorneys experienced in wrongful death claims who can help coordinate family members and ensure the correct party files the claim. We frequently help families handle these sensitive situations while preserving relationships and working towards maximum compensation.
Mistake 3: Insufficient Case Preparation
Rushing to file before the statute of limitations expires without proper preparation can result in a weaker case that settles for far less than its true value. Conversely, waiting too long can mean lost evidence and missed deadlines.
Solution: Begin case preparation immediately, even if you plan to file closer to the deadline. This involves gathering medical records, accident reports, witness statements, and expert opinions. Our team begins investigating cases right away to preserve evidence while strategically timing the filing for the greatest benefit.
Steps to Protect Your Family’s Rights and Future
1. Document Everything Without Delay
Start collecting and preserving evidence as soon as possible. This includes medical records, accident reports, photographs, witness contact information, and any correspondence with insurance companies. Create a dedicated file for all wrongful death-related documents and keep copies securely.
2. Be Cautious with Insurance Companies
Insurance companies often contact families soon after a death, sometimes offering quick settlements that may seem generous but are actually far below the case’s true value. Remember that accepting any settlement typically prevents you from pursuing additional compensation later.
Be especially careful about recorded statements. Insurance adjusters may appear sympathetic, but their role is to minimize their company’s financial exposure. Politely decline to give recorded statements until you have consulted with an attorney.
3. Accurately Calculate Your Full Losses
Wrongful death damages extend far beyond immediate medical and funeral expenses. Consider your loved one’s lost future earning capacity, the value of services they provided to the family, loss of inheritance, and the emotional support they would have provided over their expected lifetime.
With the new 2025 damage limits, these calculations become even more significant. The increased limits mean families can now recover compensation that more accurately reflects their full and lasting losses.
4. Choose Attorneys Experienced in Colorado Wrongful Death Cases
Wrongful death cases involve complex legal and medical issues that demand specialized knowledge. Seek attorneys with specific experience in Colorado wrongful death law, a proven history of significant recoveries, and the resources to pursue cases to trial if necessary.
At McCormick & Murphy P.C., our attorneys have handled hundreds of wrongful death cases across Colorado. We fully understand how the 2025 changes impact case strategy and can help you navigate both the legal requirements and the emotional challenges these cases present.
Current Trends Affecting Wrongful Death Cases in 2025
Several trends are shaping wrongful death litigation in Colorado for 2025. Medical malpractice cases are seeing increased review of electronic health records and telemedicine decisions. Motor vehicle accident cases increasingly involve questions about driver assistance technology and its role in crashes.
Product liability wrongful death cases are evolving with new consumer products and changing safety standards. Additionally, workplace death cases are addressing updated safety protocols and remote work arrangements that have become common.
These developing areas of law require attorneys who stay current with legal developments and understand how new technologies and social changes affect wrongful death claims.
Why McCormick & Murphy P.C. Is Your Trusted Partner for Wrongful Death Claims
Since 1995, we’ve earned our reputation by recovering millions of dollars for Colorado families facing wrongful death claims. Our 60+ years of combined legal experience mean we understand both the legal complexities and the emotional toll these cases take on families.
We are located at 929 W Colorado Ave, Colorado Springs, CO 80905, and we serve clients throughout Colorado, including our Denver and Pueblo locations.
Our approach combines assertive legal advocacy with empathetic client service. We understand that no amount of money can replace your loved one, but proper compensation can provide financial security and a sense that justice has been served.
What distinguishes us is our commitment to thorough case preparation and our readiness to take cases to trial when insurance companies refuse to offer fair settlements. Insurance companies recognize which law firms will truly fight for their clients, and they adjust their settlement offers accordingly.
Act Now: Protect Your Family’s Future and Seek Justice
The combination of Colorado’s strict two-year statute of limitations and the significant 2025 legal changes creates both unique opportunities and serious risks for families considering wrongful death claims. The potential for substantially higher compensation is real, but only if you act within the legal deadlines and file your claim correctly.
Do not let insurance companies pressure you into quick settlements that do not reflect your case’s true value under the new 2025 laws. Do not assume you have ample time to decide—two years passes more quickly than you might expect, especially when you are grieving.
Most importantly, do not attempt to navigate this complex legal path alone. The stakes are too high, and the legal requirements too intricate, to risk making costly mistakes.
Contact McCormick & Murphy P.C. today at (719) 389-0400 or email us at [email protected] for a free, confidential consultation. We will review your case, explain how the 2025 legal changes affect your situation, and help you develop a strategy that protects your family’s rights while maximizing your potential compensation.
Your loved one deserved better. Let us help you ensure they receive the justice they deserve, and your family receives the compensation you need to move forward. Contact us today—time is limited, but hope for justice is not.
