Chapter 2 - § 2.7 STATUTE OF LIMITATIONS FOR WRONGFUL DEATH CLAIMS

• Jurisdiction: Colorado

§ 2.7 STATUTE OF LIMITATIONS FOR WRONGFUL DEATH CLAIMS

C.R.S. § 13-21-204 states that "[a]ll actions provided for by this part 2 shall be brought within the time period prescribed in section 13-80-102." C.R.S. § 13-80-102(1)(d) states that all actions for wrongful death, regardless of the theory under which the case is brought, must be commenced within two years of the time the cause of action accrues.⁵ Under § 13-80-108(2), a cause of action for wrongful death accrues on the date of death. As discussed below, the running of the statute of limitations may be tolled by the disability of the plaintiff or by fraudulent concealment by the defendant of the nature of the wrongful act.

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^[5] The statute of limitations...