Chapter 11 - CHAPTER 11 COMPENSATORY DAMAGES IN WRONGFUL DEATH ACTIONS

• Jurisdiction: Colorado

Chapter 11 COMPENSATORY DAMAGES IN WRONGFUL DEATH ACTIONS

SYNOPSIS

§ 11.1 APPLICATION OF THE STATUTORY DAMAGES CAP CONTAINED IN C.R.S. § 13-21-203(1)

§ 11.1.1 Statutory Cap on Recovery of Non-Economic Damages Applies on a Per Decedent Basis, Even Though There Are Multiple Plaintiffs

§ 11.1.2 Statutory Cap on Recovery of Non-Economic Damages Applies on a Per Claim or Per Decedent Basis, Not on a Per Defendant Basis

§ 11.1.3 Statutory Cap on Recovery of Non-Economic Damages Is Applied After the Jury's Verdict Is Reduced by the Percentage of Negligence or Fault Attributable to the Decedent

§ 11.1.4 What Constitutes a Felonious Killing?

§ 11.2 RECOVERY OF ECONOMIC LOSSES ILLUSTRATIVE CASES

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

§ 11.4 ADMISSIBILITY OF EVIDENCE OF SETTLEMENT

§ 11.5 RECOVERY OF THE SOLATIUM AMOUNT UNDER C.R.S. § 13-21-203.5

§ 11.5.1 Applicability of the Comparative Negligence Statute to Recovery of Solatium Amount

§ 11.5.2 Solatium Award Is Not Subject to Reduction Based Upon Settlement that Plaintiff Receives from Former Defendant

§ 11.6 EVIDENCE OF A DECDENT'S FUTURE INCOME TAX LIABILITY IS NOT ADMISSIBLE FOR PURPOSES OF CALCULATING NET PECUNIARY LOSS

§ 11.7 IN SOME WRONGFUL DEATH ACTIONS, OTHER STATUTORY CAP PROVISIONS, NOT THE STATUTORY CAPS IN THE WRONGFUL DEATH...