(1) When any person dies from any injury resulting from or occasioned by the negligence, unskillfulness, or criminal intent of any officer, agent, servant, or employee while running, conducting, or managing any locomotive, car, or train of cars, or of any driver of any coach or other conveyance operated for the purpose of carrying either freight or passengers for hire while in charge of the same as a driver, and when any passenger dies from an injury resulting from or occasioned by any defect or insufficiency in any railroad or any part thereof, or in any locomotive or car, or other conveyance operated for the purpose of carrying either freight or passengers for hire, the corporation or individuals in whose employ any such officer, agent, servant, employee, master, pilot, engineer, or driver is at the time such injury is committed, or who owns any such railroad, locomotive, car, or other conveyance operated for the purpose of carrying either freight or passengers for hire at the time any such injury is received, and resulting from or occasioned by the defect or insufficiency above described shall forfeit and pay for every person and passenger so injured the sum of not exceeding ten thousand dollars and not less than three thousand dollars, which may be sued for and recovered:
(a) In the first year after such death:
(I) By the spouse of the deceased;
(II) Upon the written election of the spouse, by the spouse and the heir or heirs of the deceased;
(III) Upon the written election of the spouse, by the heir or heirs of the deceased;
(IV) If there is no spouse, by the heir or heirs of the deceased or the designated beneficiary, if there is one designated pursuant to article 22 of title 15, with the right to bring an action pursuant to this section, and if there is no designated beneficiary, by the heir or heirs of the deceased; or
(V) If, at the time of death, there is no spouse, no heir or heirs, and no designated beneficiary, or, if the deceased was an unmarried minor without descendants or an unmarried adult without descendants, and there is no mother and no father of the deceased, then by the sibling or siblings of the deceased or the heir or heirs of the sibling or siblings of the deceased.
(b) (I) In the second year after such death:
(A) By the spouse of the deceased;
(B) By the heir or heirs of the deceased;
(C) By the spouse and the heir or heirs of the deceased;
(D) By the designated beneficiary of the deceased, if there is one designated pursuant to article 22 of title 15, with the right to bring an action pursuant to this section, and the heir or heirs of the deceased; or
(E) By the sibling or siblings of the deceased or the heir or heirs of the sibling or siblings of the deceased, but only if, at the time of death, the deceased had no surviving spouse, no heir or heirs, and no designated beneficiary, or, if the deceased was an unmarried minor without descendants or an unmarried adult without descendants, and had no mother and no father.
(II) However, if the heir or heirs of the deceased commence an action under the provisions of sub-subparagraph (B) of subparagraph (I) of this paragraph (b), the spouse or the designated beneficiary of the deceased, if there is one designated pursuant to article 22 of title 15, C.R.S., with the right to bring an action pursuant to this section, upon motion filed within ninety days after service of written notice of the commencement of the action upon the spouse or designated beneficiary, shall be allowed to join the action as a party plaintiff.
(c) (I) If the deceased is an unmarried minor without descendants or an unmarried adult without descendants and without a designated beneficiary pursuant to article 22 of title 15, C.R.S., by the father or mother who may join in the suit. Except as provided in subparagraphs (II) and (III) of this paragraph (c), the father and mother shall have an equal interest in the judgment, or if either of them is dead, then the surviving parent shall have an exclusive interest in the judgment.
(II) For cases in which the father and mother are divorced, separated, or living apart, a motion may be filed by either the father or the mother prior to trial requesting the court to apportion fairly any judgment awarded in the case. Where such a motion is filed, the court shall conduct a post-judgment hearing at which the father and the mother shall have the opportunity to be heard and to produce evidence regarding each parent's relationship with the deceased child.
(III) On conclusion of the post-judgment hearing conducted pursuant to subparagraph (II) of this paragraph (c), the court shall fairly determine the percentage of the judgment to be awarded to each parent. In making such a determination, the court shall consider each parent's relationship with the deceased, including custody, control, support, parental responsibility, and any other factors the court deems pertinent. The court's determination of the percentage of the judgment awarded to each parent shall not be disturbed absent an abuse of discretion.
(d) For purposes of this section, "father or mother" means a natural parent of the deceased or a parent of the deceased by adoption. "Father or mother" does not include a person whose parental rights concerning the deceased were terminated pursuant to the provisions of title 19, C.R.S.
(2) In suits instituted under this section, it is competent for the defendant for his defense to show that the defect or insufficiency named in this section was not a negligent defect or insufficiency. The judgment obtained in an action under this section shall be owned by such persons as are heirs at law of the deceased under the statutes of descent and distribution and shall be divided among such heirs at law in the same manner as real estate is divided according to said statute of descent and distribution. Source: G.L. § 877. G.S. § 1030. L. 07: p. 296, § 1. R.S. 08: § 2056. C.L. § 6302. CSA: C. 50, § 1. L. 51: p. 338, § 1. CRS 53: § 41-1-1. C.R.S. 1963: § 41-1-1. L. 88: (1)(a), (1)(b), and
(1)(c) R&RE and (2) amended, pp. 603, 604, §§ 1, 2, effective July 1. L. 2000: (1)(c) amended and (1)(d) added, p. 169, § 1, effective July 1. L. 2009: (1) amended, (HB 09-1260), ch. 107, p. 441, § 6, effective July 1. L. 2024: (1)(a)(III), (1)(a)(IV), (1)(b)(I)(C), and (1)(b)(I)(D) amended and (1)(a)(V) and (1)(b)(I)(E) added, (HB 24-1472), ch. 325, p. 2172, § 3, effective January 1, 2025.
Cross references: (1) For determination of death, see § 12-240-140.
(2) For the legislative declaration in HB 24-1472, see section 1 of chapter 325, Session Laws of Colorado 2024.
Notes of Decisions
Cited in
83
cases (
9 in the last 5 years), 1976–2026 · leading case:
v. Spalding Rehab., 2019 COA 93 (Colo. Ct. App. 2019).
v. Spalding Rehab., 2019 COA 93 (Colo. Ct. App. 2019).
· cites it 11× “Gwinn Pabon, Denver, Colorado, for Defendant-Appellee Bakorp LLC ¶1 Section 13-21-201(1)(b)(I)(B), C.R.S. 2018, a part of the Wrongful Death Act (WDA), says that a wrongful death suit may be brought in the second year after a decedent’s death “[b]y the heir or heirs of the…”
Allen v. Pacheco, 71 P.3d 375 (Colo. 2003).
· cites it 10× “The court of appeals reversed, holding in a published opinion that the arbitration clause was not enforceable against Pacheco because (1) a contract cannot bind a non-party to an agreement; (2) Pacheco was not her husband's "heir"; (3) a wrongful death cause of action under the…”
Matter of Est. of Daigle, 634 P.2d 71 (Colo. 1981).
· cites it 7× “Sections 13-21-201 and 202, C.R.S. 1973. The state also has a legitimate interest in providing for the early and orderly distribution of a decedent’s assets.”
Klancke v. Smith, 829 P.2d 464 (Colo. Ct. App. 1991).
· cites it 12× “Colorado's wrongful death statute is set forth in § 13-21-201, et seq., C.R.S. (1987 Repl.Vol.”
Preston v. Dupont, 35 P.3d 433 (Colo. 2001).
· cites it 4× “"Noneconomic loss or injury" includes a damage recovery for nonpecuniary harm for actions brought under section 13-21-201 or XX-XX-XXX. . . . . (5) Nothing in this section shall be construed to limit the recovery of compensatory damages for physical impairment or disfigurement.”
Espinoza v. O'DELL, 633 P.2d 455 (Colo. 1981).
· cites it 4× “The class of plaintiffs who may bring suit under the latter statute is listed in section 13-21-201(1)(a)(b) and (c), C.R.S.”
Crownover v. Gleichman, 574 P.2d 497 (Colo. 1977).
· cites it 6× “2d 313 (1976), construing the statute of limitations which is part of the wrongful death act, section 13-21-201 to 204, C.R.S.1973. We affirm.”
Lanahan v. Chi Psi Fraternity, 175 P.3d 97 (Colo. 2008).
· cites it 8× “The Colorado Wrongful Death Act, section 13-21-201 to-204, C.R.S. (2007), caps Lanahan’s potential recovery of noneconomic damages at a maximum of $250,000, adjusted for inflation.”
Whitenhill v. Kaiser Permanente, 940 P.2d 1129 (Colo. Ct. App. 1997).
· cites it 9× “In the motion, they asserted that plaintiffs lacked standing under what is commonly referred to as the Colorado Wrongful Death Act, § 13-21-201, et seq., C.R.S. (1997 Repl.Vol.”
Reighley v. Int'l Playtex, Inc., 604 F. Supp. 1078 (D. Colo. 1985).
· cites it 6× “, seeks partial summary judgment to dismiss the claims of the *1080 minor children from the suit on the grounds that: (1) Colo.Rev.Stat. § 13-21-201 (1973) vests the sole right to bring a wrongful death action in the surviving spouse; (2) only the personal representative of the…”
— Colo. Rev. Stat. § 13-21-201(1) — 11 cases
Allen v. Pacheco, 71 P.3d 375 (Colo. 2003).
“The court of appeals reversed, holding in a published opinion that the arbitration clause was not enforceable against Pacheco because (1) a contract cannot bind a non-party to an agreement; (2) Pacheco was not her husband's "heir"; (3) a wrongful death cause of action under the…”
— Colo. Rev. Stat. § 13-21-201(1)(a) — 2 cases
Klancke v. Smith, 829 P.2d 464 (Colo. Ct. App. 1991).
“Colorado's wrongful death statute is set forth in § 13-21-201, et seq., C.R.S. (1987 Repl.Vol.”
— Colo. Rev. Stat. § 13-21-201(1)(a)(IV) — 1 case
— Colo. Rev. Stat. § 13-21-201(1)(a)(b) — 1 case
Espinoza v. O'DELL, 633 P.2d 455 (Colo. 1981).
“The class of plaintiffs who may bring suit under the latter statute is listed in section 13-21-201(1)(a)(b) and (c), C.R.S.”
— Colo. Rev. Stat. § 13-21-201(1)(b)(I)(B) — 1 case
v. Spalding Rehab., 2019 COA 93 (Colo. Ct. App. 2019).
“Gwinn Pabon, Denver, Colorado, for Defendant-Appellee Bakorp LLC ¶1 Section 13-21-201(1)(b)(I)(B), C.R.S. 2018, a part of the Wrongful Death Act (WDA), says that a wrongful death suit may be brought in the second year after a decedent’s death “[b]y the heir or heirs of the…”
— Colo. Rev. Stat. § 13-21-201(1)(b)(I)(D) — 1 case
v. Spalding Rehab., 2019 COA 93 (Colo. Ct. App. 2019).
“Gwinn Pabon, Denver, Colorado, for Defendant-Appellee Bakorp LLC ¶1 Section 13-21-201(1)(b)(I)(B), C.R.S. 2018, a part of the Wrongful Death Act (WDA), says that a wrongful death suit may be brought in the second year after a decedent’s death “[b]y the heir or heirs of the…”
— Colo. Rev. Stat. § 13-21-201(1)(c) — 2 cases
Whitenhill v. Kaiser Permanente, 940 P.2d 1129 (Colo. Ct. App. 1997).
“In the motion, they asserted that plaintiffs lacked standing under what is commonly referred to as the Colorado Wrongful Death Act, § 13-21-201, et seq., C.R.S. (1997 Repl.Vol.”
— Colo. Rev. Stat. § 13-21-201(1)(c)(D) — 1 case
— Colo. Rev. Stat. § 13-21-201(2) — 14 cases
Matter of Est. of Daigle, 634 P.2d 71 (Colo. 1981).
“Sections 13-21-201 and 202, C.R.S. 1973. The state also has a legitimate interest in providing for the early and orderly distribution of a decedent’s assets.”
Reighley v. Int'l Playtex, Inc., 604 F. Supp. 1078 (D. Colo. 1985).
“, seeks partial summary judgment to dismiss the claims of the *1080 minor children from the suit on the grounds that: (1) Colo.Rev.Stat. § 13-21-201 (1973) vests the sole right to bring a wrongful death action in the surviving spouse; (2) only the personal representative of the…”
— Colo. Rev. Stat. § 13-21-201(l)(a) — 3 cases
Whitenhill v. Kaiser Permanente, 940 P.2d 1129 (Colo. Ct. App. 1997).
“In the motion, they asserted that plaintiffs lacked standing under what is commonly referred to as the Colorado Wrongful Death Act, § 13-21-201, et seq., C.R.S. (1997 Repl.Vol.”
Klancke v. Smith, 829 P.2d 464 (Colo. Ct. App. 1991).
“Colorado's wrongful death statute is set forth in § 13-21-201, et seq., C.R.S. (1987 Repl.Vol.”
— Colo. Rev. Stat. § 13-21-201(l)(a)(III) — 1 case
Whitenhill v. Kaiser Permanente, 940 P.2d 1129 (Colo. Ct. App. 1997).
“In the motion, they asserted that plaintiffs lacked standing under what is commonly referred to as the Colorado Wrongful Death Act, § 13-21-201, et seq., C.R.S. (1997 Repl.Vol.”
— Colo. Rev. Stat. § 13-21-201(l)(b) — 3 cases
Matter of Est. of Daigle, 634 P.2d 71 (Colo. 1981).
“Sections 13-21-201 and 202, C.R.S. 1973. The state also has a legitimate interest in providing for the early and orderly distribution of a decedent’s assets.”
— Colo. Rev. Stat. § 13-21-201(l)(c) — 4 cases
Whitenhill v. Kaiser Permanente, 940 P.2d 1129 (Colo. Ct. App. 1997).
“In the motion, they asserted that plaintiffs lacked standing under what is commonly referred to as the Colorado Wrongful Death Act, § 13-21-201, et seq., C.R.S. (1997 Repl.Vol.”
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