Chapter 3 - § 3.1 STATUTORY CHANGES

• Jurisdiction: Colorado

§ 3.1 STATUTORY CHANGES

As originally enacted in 1872, Colorado's Wrongful Death Act provided that the "jury may give such damages as they may deem fair and just," not to exceed $5,000. This limit remained intact until 1951, when the legislature increased it to $10,000. In 1957, C.R.S. § 41-1-3 (1953) was again amended to permit recovery of damages up to $25,000. In 1967, the legislature amended C.R.S. § 41-1-3 (1963) to increase recoverable damages to $35,000.

A major change occurred in 1969, when the legislature amended C.R.S. § 41-1-3(1) (Supp. 1967) to remove the limit on damages recoverable for economic loss. Juries were then permitted to award "such damages as they may deem fair and just." However, the legislature inserted a provision that limited total recovery of damages in the case of a minor child to $45,000.²

The most significant change happened in 1989, when the legislature added a provision permitting recovery of non-economic damages. As will be shown below, a legislative change was necessary to allow recovery of non-economic...