Handbook of Colorado Wrongful Death Law (CBA)
- Publisher:
- Colorado Bar Association
- Publication date:
- 2019-02-16
- ISBN:
- 978-1-949831-06-1
Front Matter
Chapter 1 Overview of Wrongful Death Law In Colorado
Chapter 2 Colorado's Wrongful Death Act
- Chapter 2 - CHAPTER 2 COLORADO'S WRONGFUL DEATH ACT
- Chapter 2 - § 2.1 GENERAL RIGHT OF ACTION UNDER C.R.S. § 13-21-202
- Chapter 2 - § 2.2 LIMITED RIGHT OF ACTION UNDER C.R.S. § 13-21-201
- Chapter 2 - § 2.3 PROPER PARTIES UNDER C.R.S. § 13-21-201
- Chapter 2 - § 2.4 DISTRIBUTION OF PROCEEDS OF A WRONGFUL DEATH ACTION
- Chapter 2 - § 2.5 LIMITATIONS ON DAMAGES UNDER C.R.S. § 13-21-203
- Chapter 2 - § 2.6 THE SOLATIUM ALTERNATIVE UNDER C.R.S. § 13-21-203.5
- Chapter 2 - § 2.7 STATUTE OF LIMITATIONS FOR WRONGFUL DEATH CLAIMS
- Chapter 2 - § 2.8 THE SURVIVAL STATUTE C.R.S. § 13-20-101
Chapter 3 Historical Evolution of Colorado Wrongful Death Law Abolition of the Net Pecuniary Loss Rule
Chapter 4 Whose Death Will Give Rise To a Wrongful Death Action
- Chapter 4 - CHAPTER 4 WHOSE DEATH WILL GIVE RISE TO A WRONGFUL DEATH ACTION
- Chapter 4 - § 4.1 WRONGFUL DEATH CLAIM FOR CHILD WHO DIES AS A RESULT OF INJURY SUFFERED AS A FETUS
- Chapter 4 - § 4.2 WRONGFUL DEATH ACTION FOR DEATH OF A FETUS
- Chapter 4 - § 4.3 WRONGFUL BIRTH AND WRONGFUL LIFE
- Chapter 4 - § 4.4 LOGICAL INCONSISTENCIES IN THE COURTS' RULINGS
Chapter 5 Proper Plaintiffs In Wrongful Death Actions
- Chapter 5 - CHAPTER 5 PROPER PLAINTIFFS IN WRONGFUL DEATH ACTIONS
- Chapter 5 - § 5.1 ONLY ONE WRONGFUL DEATH ACTION PERMITTED
- Chapter 5 - § 5.2 "PARENT" OF PERSON ADOPTED AS AN ADULT
- Chapter 5 - § 5.3 PARENTS OF A MARRIED MAN OR WOMAN
- Chapter 5 - § 5.4 EQUITABLY ADOPTED CHILDREN
- Chapter 5 - § 5.5 SIBLINGS
- Chapter 5 - § 5.6 SAME PERSON AS PLAINTIFF AND DEFENDANT
- Chapter 5 - § 5.7 ACTIONS UNDER 42 U.S.C. § 1983 PARENTS AS PLAINTIFFS
- Chapter 5 - § 5.8 WRONGFUL DEATH ACTIONS ARE NOT ASSIGNABLE
Chapter 6 Allocation of Proceeds From a Wrongful Death Action
- Chapter 6 - CHAPTER 6 ALLOCATION OF PROCEEDS FROM A WRONGFUL DEATH ACTION
- Chapter 6 - § 6.1 HEIRS MAY SHARE IN PROCEEDS EVEN IF NOT NAMED AS PLAINTIFFS
- Chapter 6 - § 6.2 DIVISION OF PROCEEDS UNDER CURRENT LAW
- Chapter 6 - § 6.3 DUTY OF INSURANCE COMPANY IN SETTLING WRONGFUL DEATH CLAIM TO MONITOR DISTRIBUTION OF PROCEEDS
- Chapter 6 - § 6.4 NO DUTY OWED BY ATTORNEY WHO REPRESENTS SPOUSE IN WRONGFUL DEATH ACTION TO ENSURE PROCEEDS ARE PROPERLY DISTRIBUTED TO HEIRS
- Chapter 6 - § 6.5 DIVISION OF PROCEEDS BETWEEN PARENTS STATUTORY CHANGES
Chapter 7 Conflict of Laws Principles Governing Wrongful Death Cases
Chapter 8 Statute of Limitations Governing Wrongful Death Actions
- Chapter 8 - CHAPTER 8 STATUTE OF LIMITATIONS GOVERNING WRONGFUL DEATH ACTIONS
- Chapter 8 - § 8.1 TOLLING OF THE STATUTE DUE TO DISABILITY
- Chapter 8 - § 8.2 TOLLING OF THE STATUTE DUE TO FRAUDULENT CONCEALMENT
- Chapter 8 - § 8.3 ADOPTION OF THE DISCOVERY RULE
- Chapter 8 - § 8.4 APPLICABILITY OF THE DISCOVERY RULE UNDER THE CURRENT STATUTE
- Chapter 8 - § 8.5 WRONGFUL DEATH CLAIMS AGAINST A DECEDENT'S ESTATE
- Chapter 8 - § 8.6 EXPIRATION OF LIMITATIONS PERIOD FOR UNDERLYING MEDICAL NEGLIGENCE CLAIM DOES NOT BAR WRONGFUL DEATH ACTION
- Chapter 8 - § 8.7 RELATION BACK OF AMENDED COMPLAINT WHERE MISTAKE IS MADE REGARDING IDENTITY OF PROPER PARTY TO SUE
Chapter 9 Exemplary Damages In Wrongful Death Actions
Chapter 10 Liability Issues
- Chapter 10 - CHAPTER 10 LIABILITY ISSUES
- Chapter 10 - § 10.1 NATURE OF WRONGFUL ACT, NEGLECT, OR DEFAULT THAT WILL GIVE RISE TO ACTION UNDER C.R.S. § 13-21-202
- Chapter 10 - § 10.2 DECEDENT'S SURVIVOR MAY NOT ASSERT INDEPENDENT CLAIMS IN OWN NAME FOR CLAIMS THAT COULD HAVE BEEN MAINTAINED BY DECEDENT HAD HE OR SHE LIVED
- Chapter 10 - § 10.3 APPLICATION OF COMPARATIVE NEGLIGENCE AND PRO RATA LIABILITY STATUTES TO WRONGFUL DEATH ACTIONS
- Chapter 10 - § 10.4 DETERMINATION OF LEGAL DUTY IS A QUESTION OF LAW FACTORS CONSIDERED BY COURTS
- Chapter 10 - § 10.5 WRONGFUL DEATH CLAIMS AGAINST GOVERNMENTAL ENTITIES APPLICATION OF THE COLORADO GOVERNMENTAL IMMUNITY ACT
- Chapter 10 - § 10.6 ISSUES IN CASES OF DEATH BY SUICIDE, MURDER-SUICIDE, AND HOMICIDE
- Chapter 10 - § 10.7 GENERAL CAUSATION ISSUES
- Chapter 10 - § 10.8 APPLICABILITY OF ARBITRATION CLAUSES TO WRONGFUL DEATH CLAIMS
- Chapter 10 - § 10.9 WRONGFUL DEATH CLAIMS UNDER THE PREMISES LIABILITY ACT
- Chapter 10 - § 10.10 WRONGFUL DEATH CLAIMS UNDER THE SKI SAFETY ACT
Chapter 11 Compensatory Damages In Wrongful Death Actions
- Chapter 11 - CHAPTER 11 COMPENSATORY DAMAGES IN WRONGFUL DEATH ACTIONS
- Chapter 11 - § 11.1 APPLICATION OF THE STATUTORY DAMAGES CAP CONTAINED IN C.R.S. § 13-21-203(1)
- Chapter 11 - § 11.2 RECOVERY OF ECONOMIC LOSSES ILLUSTRATIVE CASES
- Chapter 11 - § 11.3 SUMMARY OF GENERAL PRINCIPLES CONCERNING APPLICATION OF THE NET PECUNIARY LOSS RULE TO DETERMINE RECOVERY OF COMPENSATORY DAMAGES FOR ECONOMIC LOSS
- Chapter 11 - § 11.4 ADMISSIBILITY OF EVIDENCE OF SETTLEMENT
- Chapter 11 - § 11.5 RECOVERY OF THE SOLATIUM AMOUNT UNDER C.R.S. § 13-21-203.5
- Chapter 11 - § 11.6 EVIDENCE OF A DECEDENT'S FUTURE INCOME TAX LIABILITY IS NOT ADMISSIBLE FOR PURPOSES OF CALCULATING NET PECUNIARY LOSS
- Chapter 11 - § 11.7 IN SOME WRONGFUL DEATH ACTIONS, OTHER STATUTORY CAP PROVISIONS, NOT THE STATUTORY CAPS IN THE WRONGFUL DEATH ACT, MAY LIMIT THE AMOUNT OF RECOVERABLE DAMAGES
- Chapter 11 - § 11.8 PREJUDGMENT INTEREST AS AN ELEMENT OF DAMAGES
- Chapter 11 - § 11.9 WHERE MULTIPLE PARTIES BRING A WRONGFUL DEATH ACTION AS PLAINTIFFS, NO REQUIREMENT EXISTS FOR EACH PLAINTIFF TO PROVE PERSONAL DAMAGES
Chapter 12 Applying Dram Shop Liability Laws To Wrongful Death Actions
- Chapter 12 - CHAPTER 12 APPLYING DRAM SHOP LIABILITY LAWS TO WRONGFUL DEATH ACTIONS
- Chapter 12 - § 12.1 TAVERN OWNER IS NOT LIABLE FOR DEATH OF INTOXICATED PATRON RESULTING FROM PATRON'S OWN CONSUMPTION OF ALCOHOL
- Chapter 12 - § 12.2 EMPLOYER, ACTING AS SOCIAL HOST, IS NOT LIABLE UNDER THE DRAM SHOP ACT FOR DEATH RESULTING FROM EMPLOYEE'S CONSUMPTION OF ALCOHOLIC BEVERAGES ON EMPLOYER'S PREMISES
Chapter 13 Constitutional Issues Arising From Colorado's Wrongful Death Act
- Chapter 13 - CHAPTER 13 CONSTITUTIONAL ISSUES ARISING FROM COLORADO'S WRONGFUL DEATH ACT
- Chapter 13 - § 13.1 CONSTITUTIONAL CHALLENGES TO THE WDA
- Chapter 13 - § 13.2 MINIMUM CONTACTS NECESSARY TO ESTABLISH PERSONAL JURISDICTION OVER FOREIGN DEFENDANT
- Chapter 13 - § 13.3 PERSONAL JURISDICTION OVER NON-RESIDENT PARENT CORPORATION
Appendix A Sample Complaint and Jury Demand
Appendix B Sample Answer To Complaint and Jury Demand
Table of Authorities
Subject Index
Chapter 12 Trade Nafta (Tn) Nonimmigrants
Chapter 13 Change of Status
Chapter 14 Permanent Residence For Individuals of Extraordinary Ability
Chapter 15 Outstanding Professors and Researchers
Chapter 16 Employment-based Priority Workers: Immigrant Multinational Executives and Managers
Chapter 17 Labor Certification Process — Anatomy of Eta Form 9089
Chapter 18 Immigrant and Nonimmigrant Visa Options For Professional Nurses
Chapter 19 Family-sponsored Immigration
Chapter 20 The Federal I-864 Contract: Public Charge and Sponsorship Requirements
Chapter 21 Affirmative Adjustment of Status
Chapter 22 Consular Processing: a General Guide To Visa Processing At U.S. Consular Posts
Chapter 23 CHILD STATUS PROTECTION ACT: "AGING OUT" PROTECTION FOR CHILDREN IMMIGRATING TO THE UNITED STATES
Chapter 24 Waivers For Grounds of Inadmissibility
Chapter 25 Asylum, Withholding of Removal, and Torture Convention
Chapter 26 Immigration Options For Victims of Crime: Vawa and the U Visa
Chapter 27 United States Citizenship: An Introduction To Automatic Acquisition and An Overview of Administrative Naturalization
Chapter 28 Special Immigrant Juvenile Status
Reserved For Chapter 29
Chapter 30 Immigration Consequences of Criminal Convictions
Chapter 31 Relief From Removal and Immigration Court Procedures
Chapter 32 Board of Immigration Appeals Review of Immigration Court Removal Decisions
Chapter 33 Federal Court Review of Deportation and Immigration Court Removal Decisions and Other Federal Court Challenges To Agency Action
Chapter 34 Litigating Immigration Detainer Issues
Reserved For Chapter 35
Reserved For Chapter 36
Chapter 37 Federal and State of Colorado Public Benefit Programs For Non-citizens
Chapter 38 U.S. Taxation of Foreign Nationals
Chapter 39 Current I-9 Employment Verification Procedures and Best Practices For Irca Compliance
Subject Index