Chapter 2 - § 2.8 THE SURVIVAL STATUTE C.R.S. § 13-20-101

• Jurisdiction: Colorado

§ 2.8 THE SURVIVAL STATUTE C.R.S. § 13-20-101

If the decedent survived for a period of time after the injury or accident that has given rise to the case, then the defendant may be faced with a survival action, as well as an action for wrongful death. A survival action under C.R.S. § 13-20-101 is separate from and "shall not preclude an action for wrongful death under part 2 of article 21 of this title." Section 13-20-101(1) states that "[a]ll causes of action, except actions for slander or libel, shall survive and may be brought or continued notwithstanding the death of the person in favor of or against whom such action has accrued . . . ." Under the survival statute, if the victim of a tort dies, the damages recoverable after the victim's death do not include "damages for pain, suffering, or disfigurement, nor prospective profits or earnings after date of death." However, damages may be recovered for loss of earnings or expenses sustained or incurred by the victim prior to his or her death. Thus, if a period of time elapses before the victim's death, a survival action may be brought to recover economic losses sustained by the victim between the date of injury and the date of death, and a wrongful death action may be maintained by the survivors to recover economic losses and non-economic losses resulting from the victim's death. Since a survival action under...