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

• Jurisdiction: Colorado

§ 11.3 SUMMARY OF GENERAL PRINCIPLES CONCERNING APPLICATION OF THE NET PECUNIARY LOSS RULE TO DETERMINE RECOVERY OF COMPENSATORY DAMAGES FOR ECONOMIC LOSS

As illustrated by Hoyal v. Pioneer Sand Co., 188 P.3d 716 (Colo. 2008), which is discussed in more detail in § 11.6, the net pecuniary loss rule remains the measure of economic damages in wrongful death actions. As the court pointed out in Hoyal, "the net pecuniary loss rule is not defined by statute, but rather has developed through cases interpreting provisions of the WDA." Id. at 717.

A number of general principles may be extracted from the cases discussed in this chapter. First, in computing the pecuniary loss suffered by the plaintiff, precision or absolute certainty is not required. Such damages are recoverable if they are established with a reasonable degree of certainty. Second, the relevant factors in calculating pecuniary loss include the age and life expectancy of the decedent, the decedent's health and habits of industry, the decedent's ability to earn money, the decedent's disposition to aid the plaintiff, and the relationship between the plaintiff and the decedent as manifested by acts of pecuniary assistance. Third, evidence of a decedent's education and achievements, such as his...