When a loved one dies after suffering a personal injury, the pain lingers long after the incident. That pain only deepens when the legal process becomes confusing. Many surviving family members don’t realize that probate deadlines play a pivotal role in how or whether they receive fair compensation. Especially in Denver, where state-specific statutes guide personal injury and wrongful death claims, missing a single deadline could shut the door on justice.
This article explains how probate affects settlement outcomes in personal injury and wrongful death cases under Colorado law. Whether the death followed a car accident, a defective product, or catastrophic injuries from truck or motorcycle accidents, understanding these deadlines helps family members make informed decisions when it matters most.
Understanding the Probate Process in Colorado
The probate process is the legal system Colorado uses to manage and distribute a deceased person’s estate. This includes paying off debts, distributing assets, and handling any pending legal actions, such as a personal injury claim or a survival action. It becomes particularly important when the deceased passed due to someone else’s negligence.
Under Colorado Revised Statutes (C.R.S.) § 15-12-108, families must initiate informal probate within three years of the person’s death, but certain legal claims, including survival actions, often require earlier action depending on the case specifics. This timeline may sound generous, but delays often happen, especially when families are grieving or unaware of their legal options. Without opening probate, no one can legally represent the deceased’s estate, which can delay or even prevent survival actions or estate-based personal injury settlements from proceeding.
Key components of probate affecting injury cases:
1. Appointment of a personal representative (executor)
2. Verification of any pending lawsuits or claims
3. Distribution of economic damages or non-economic damages from settlements
4. Consideration of medical expenses, burial costs, and lost wages
Survival actions, which allow the estate to pursue compensation the deceased could have claimed while alive, must run through the probate court. Without this legal step, even the strongest wrongful death cases can collapse.
How Wrongful Death Lawsuits and Probate Intersect
Wrongful death lawsuits differ from survival actions but often run side by side in Colorado. While survival actions focus on the deceased’s losses, wrongful death claims provide financial support to the surviving immediate family members for their own suffering and loss. These claims can include compensation for emotional distress, loss of companionship, and punitive damages if the cause of death was due to reckless or intentional conduct.
In Colorado, the law allows:
- Only surviving family members (spouse, children, or parents) to file a wrongful death lawsuit
- A two-year statute of limitations from the date of death for filing the claim (Colorado Revised Statutes (C.R.S.) § 13-80-102(1)(d))
- The personal representative of the estate to pursue a survival action
Filing both types of claims requires organized coordination. Probate deadlines directly affect this process. If you miss the deadline to open probate or appoint a representative, you may also miss your chance to file or complete the wrongful death lawsuit.
For example, A man in Denver dies from complications after a motorcycle accident. His wife has two years to file a wrongful death claim. But if no probate is opened and no representative is appointed, the survival action for the man’s suffering and medical costs could be lost forever.
Legal Deadlines That Can Impact Your Settlement
Several deadlines often moving at the same time, impact your right to pursue fair compensation.
Here’s how the timeline typically works:
2 Years: File a wrongful death claim or survival action claim.
3 Years: Initiate informal probate proceedings under Colorado law (C.R.S. § 15-12-108), though certain legal actions may require earlier filing.
4 Months: Creditors have a four-month window to file claims against the estate, starting from the date the notice to creditors is first published after probate begins (C.R.S. § 15-12-801(1)).
Immediately, appoint a personal representative to act for the estate.
Failing to act on any of these steps can give insurance companies grounds to deny your claim or delay a settlement. Even if you have critical evidence proving liability, the legal system won’t proceed without the proper procedural steps in place.
Tip:
The sooner you open probate, the faster your case moves forward. This step helps preserve vital evidence, secure court authority, and stop the clock on important deadlines.
The Role of Personal Representatives in Settlement Negotiations
A personal representative (sometimes called an executor) becomes the legal voice of the estate. Without one, you can’t bring a survival action to court. This person has the legal power to:
- File lawsuits on behalf of the estate
- Accept or reject a settlement offer
- Allocate economic and non-economic damages to heirs
- Work with a Colorado personal injury lawyer to obtain expert witness support
In wrongful death cases, surviving family members may file a wrongful death claim on their own. However, if the injured person survived the injury for any period before passing, damages for pain, suffering, or medical expenses must be pursued through the decedent’s estate through a survival action handled in the probate process.
Having a personal representative in place also helps handle interactions with insurance companies, which often delay claims if no official estate representative is involved. This delay can reduce access to vital financial support during the most difficult time.
What Happens If You Miss a Probate Deadline?
Missing a probate deadline can mean losing access to a favorable outcome entirely. The courts may bar a survival action from being filed, or worse, Insurance companies may challenge a claim or request dismissal based on technicalities, regardless of the strength of your evidence.
This is especially harmful in cases involving:
- Defective product injuries
- Truck accidents resulting in instant or delayed death
- Car accidents resulting in weeks of hospitalization before passing
- Severe catastrophic injuries followed by death
Colorado’s statute of limitations exists to protect individuals and entities from indefinite legal exposure. But it also holds grieving clients to a ticking clock, especially if they’re unaware of the rules.
When probate isn’t initiated quickly, you may forfeit the right to seek compensation for the deceased’s suffering, property damage, and other damages you are entitled to.
Why Acting Quickly Helps Families Seek Justice
The legal process following a death is overwhelming. Between funeral planning, grief, and financial stress, legal tasks often get pushed aside. But in Colorado, every delay risks the family’s chance to seek justice and rebuild with financial support.
Acting early helps:
- Secure legal representation before key deadlines pass
- Preserve evidence before it’s lost or destroyed
- File timely legal action while witnesses and documents are still available
- Increase the chances of receiving fair compensation
The longer families wait, the harder it becomes to succeed in the legal system, even when someone else’s negligence caused the tragedy.
Let Bourassa Law Group Guide You Through the Process
Losing a loved one brings immense grief. Handling the probate system and meeting legal deadlines can feel overwhelming. At Bourassa Law Group, we guide families through their rights and the legal steps involved. Our Colorado personal injury lawyers stand ready to help you pursue the compensation you deserve.
If your family has suffered from car accidents, defective products, or other negligence, we provide clear guidance and support. Contact us today for a free consultation, and together we’ll ensure you understand your options and take the necessary steps before important deadlines pass.
1-800-870-8910