Chapter 3 - CHAPTER 3 HISTORICAL EVOLUTION OF COLORADO WRONGFUL DEATH LAW ABOLITION OF THE NET PECUNIARY LOSS RULE

• Jurisdiction: Colorado

Chapter 3 HISTORICAL EVOLUTION OF COLORADO WRONGFUL DEATH LAW ABOLITION OF THE NET PECUNIARY LOSS RULE

SYNOPSIS

§ 3.1 STATUTORY CHANGES

§ 3.2 THE NET PECUNIARY LOSS RULE HISTORICAL PERSPECTIVE

The biggest change in Colorado wrongful death law since its inception in 1872 has been the gradual increase in the amount of damages recoverable. This evolution culminated in 1989 when the legislature, for the first time, permitted recovery of damages for grief, sorrow, and loss of companionship suffered by the decedent's survivors. Before 1989, damages were limited to the "net pecuniary loss" resulting from the decedent's death. Application of this harsh rule meant that parents who experienced the loss of a child could often recover only minimal damages since it was very difficult to prove that a child's death caused any net pecuniary loss.¹

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Notes:

^[1] Prior to the 1989 amendment to the Wrongful Death Act, which specifically permitted recovery of non-economic damages such as emotional distress and damages for grief and loss of companionship, the court in Reighley v....