Who Gets the Money from a Wrongful Death Settlement in Colorado?

When your loved one is killed in an accident in Colorado, you must understand your legal options under Colorado’s wrongful death law. This law is found in C.R.S. § 13-21-202.

However, only certain people can file a wrongful death claim. To pursue the claim, the person must have legal standing. Colorado law is clear about who can pursue justice in these difficult circumstances. 

Hadfield Stieben & Doutt, LLC can help you understand your legal options when your loved one has been killed. We can work with you to make a claim if you’re eligible, or to identify those who can pursue legal action. We’ll also help you build a strong case and maximize the compensation you can collect. 

To schedule your free consultation with a Loveland wrongful death lawyer, give us a call or contact us online today. You can also read on to learn more about who gets the money when a claim is made after a death occurs. 

Who Gets the Money from a Wrongful Death Settlement Under Colorado Law?

Under C.R.S. § 13-21-201, the surviving spouse of the person who was killed typically has the exclusive right to pursue a wrongful death claim in the first year after the death. The surviving spouse has the option to also include children of the deceased person in their claim, but isn’t required to do so. They can also choose to allow the children to pursue a claim independently.

After a year has passed since the death, Colorado law then allows both the surviving spouse and the children of the person who was killed to pursue a wrongful death claim. This means that the widow(er) and children will share in the damages. 

If the deceased person did not leave behind a spouse or children, then the parents of the person who was killed can pursue a claim. Effective January 2025, siblings may also sometimes be eligible as well. 

It’s also worth noting that standing to pursue a case and entitlement to compensation are not the same. For example, even if a spouse brings the case, the children may still have an interest in the proceeds.

How Does Settlement Money Get Divided? 

When eligible surviving loved ones pursue a wrongful death claim, the compensation obtained is not always divided evenly between them. The distribution of funds depends on factors like:

• Colorado’s statutes of descent and distribution
• Who had the right to pursue a claim to recover compensation
• How financially dependent each surviving loved one was on the deceased person
• The role the deceased person played in each person’s life and how close the relationship was

Sometimes, family members can agree on how to divide a settlement. In other circumstances, the court will need to become involved and ensure the money is distributed appropriately and fairly.

Maximizing Compensation from a Wrongful Death Settlement

The goal of a wrongful death settlement is to ensure that surviving loved ones are “made whole” by the person responsible for causing the death to occur. This means they should receive full and fair compensation.

When there are multiple parties who lost a loved one, a substantial amount of money may be at stake to provide appropriate payment for losses. 

Hadfield Stieben & Doutt, LLC will help you to build a strong claim and negotiate effectively to maximize the compensation you can collect and divide among survivors. 

Contact a Colorado Wrongful Death Lawyer Today

Legal claims after a death are high-stakes cases because of the damages involved. Contact a skilled Loveland personal injury lawyer at Hadfield Stieben & Doutt, LLC today to schedule your free consultation and learn how we can fight for you.