Chapter 2 - § 2.5 LIMITATIONS ON DAMAGES UNDER C.R.S. § 13-21-203

• Jurisdiction: Colorado

§ 2.5 LIMITATIONS ON DAMAGES UNDER C.R.S. § 13-21-203

The damages recoverable in a wrongful death action are limited by C.R.S. § 13-21-203. There are several limitations, depending upon the type of damages being claimed and the party seeking damages. As will be discussed in more detail below, until 1989, Colorado law did not permit any recovery of non-economic losses in wrongful death actions. Recovery of damages for grief, sorrow, and emotional distress is now permitted, subject to the statutory limitations. Moreover, Colorado courts had consistently interpreted § 13-21-203 to preclude recovery of exemplary damages in wrongful death actions. Amending the statute in 2000, the General Assembly added several provisions to § 13-21-203 to permit recovery of exemplary damages, with certain limitations. See C.R.S. § 13-21-203(3) through (7). These statutory amendments will be discussed in more detail below.

Perhaps the most significant provision of § 13-21-203 is one sentence found in subsection (1), which reads as follows: "There shall be only one civil action under this part 2 for recovery of damages for the wrongful death of any one decedent." This snare may trap the unwary. This provision means that "[p]ursuing in a sequential manner several wrongful death actions, against different defendants, and asserting different causes of death, is prohibited." Estate of Kronemeyer v. Meinig, 948 P.2d 119, 121 (Colo. App. 1997). A more detailed exploration of this "one civil action" restriction follows below.

Section 13-21-203 imposes no limitation on recovery of damages for pecuniary or economic losses incurred by the plaintiffs as a result of the decedent's death. The statute states that in every action commenced under § 13-21-202, "the jury may give such damages as they may deem fair and just, with reference to the necessary injury resulting from such death . . . ." This provision means that to the extent pecuniary or economic losses have been established by the evidence, such damages may be awarded by the jury.

As amended in 1989, the statute also permits recovery of "damages for noneconomic loss or injury as defined in section 13-21-102.5 and subject to the limitations of this section and including within noneconomic loss or injury damages for grief, loss of companionship, pain and suffering, and emotional stress . . . ." Under C.R.S. § 13-21-102.5 (1989), in a civil action in which damages for non-economic loss or injury may be awarded, "the total of such...