Chapter 2 - § 2.6 THE SOLATIUM ALTERNATIVE UNDER C.R.S. § 13-21-203.5

• Jurisdiction: Colorado

§ 2.6 THE SOLATIUM ALTERNATIVE UNDER C.R.S. § 13-21-203.5

Another 1989 modification to the Colorado Wrongful Death Act is the addition of the solatium alternative, C.R.S. § 13-21-203.5. This statute states that in a case arising under § 13-21-202, the parties entitled to sue may elect in writing to recover a solatium amount of $50,000. Pursuant to C.R.S. § 13-21-203.7, the solatium amount recoverable under § 13-21-203.5 has been adjusted upward for inflation and is now $68,250 for claims accruing on or after January 1, 1998, and $87,210 for cases arising on or after January 1, 2008. The solatium amount is "in lieu of noneconomic damages recoverable under section 13-21-203 and shall be awarded upon a finding or admission of the defendant's liability for the wrongful death." If the plaintiffs elect to recover the solatium amount, they are still entitled to recover economic damages and reasonable funeral, burial, or cremation expenses. Assuming the solatium is elected, the solatium alternative...