Denver, CO personal injury attorney Kyle Bachus explains who can sue for wrongful death. He shares that one of the most difficult and unique aspects of a death caused by someone else’s negligence or reckless conduct is that the person who has lost his life is no longer here to speak for himself, protect his rights, or support the family he left behind. Over the course of his legal career, he has represented many families in this exact situation, and one of the first things he explains to them is that every state in the U.S. has its own wrongful death statute—and no two are exactly alike.

These statutes serve a critical purpose. They determine two things: who can bring a wrongful death claim and what types of damages can be recovered. And while many people assume it’s straightforward, in reality, it’s anything but. The law is designed to ensure that only one wrongful death claim is brought forward, so it carefully defines who has the legal authority to pursue that claim.

Drawing from his experience, he often shares a real-world example based on Colorado law—just as an illustration, not legal advice for other states. In Colorado, during the first year after a wrongful death, only the surviving spouse has the exclusive right to file a claim. Even if there are adult children, they must wait. If the spouse brings the claim, he must do so on behalf of all eligible beneficiaries, including the children. If the spouse does not file within the first year, then in the second year, any surviving children may file, either with or without the spouse. If there is no surviving spouse or children, then the surviving parents may bring the claim.

In other states where he’s handled cases, the process can look completely different. Some jurisdictions require that only the personal representative of the estate file the claim—not the spouse or children directly. In certain cases, he has seen the estate file part of the claim while other family members were permitted to bring additional components under separate provisions.

Through years of litigating these cases across state lines, he has learned just how critical it is to understand the specific statutes in the state where the death occurred. Missteps—like filing too late or having the wrong party bring the claim—can jeopardize the entire case.

For families seeking to understand these laws, he compiled a comprehensive appendix in his book, Unthinkable, which includes all 50 state wrongful death statutes. There’s also a live interactive tool at KyleBachus.com, where users can click through and access the statute for their particular state.

And while anyone can read those laws, he knows from experience that interpreting and applying them properly takes legal insight. His firm handles wrongful death cases nationwide, and they are often called upon to quickly determine who has standing to bring the claim, when it must be filed, and what damages can be recovered. These cases are incredibly sensitive, but with the right legal guidance, families can secure the justice their loved one can no longer pursue for themselves.