Chapter 44 - § 44.1 • INTRODUCTION

• Jurisdiction: Colorado

§ 44.1 • INTRODUCTION

A claim for wrongful death under Colorado law was not recognized under common law and arises solely from statute.¹ Prior to the enactment of the Death Act in 1872, Colorado prescribed to the maxim "actio personalis moritur cum persona," meaning that a personal right of action dies with the person.² The current version of the wrongful death statute is located at C.R.S. § 13-21-201, et seq., and permits certain survivors of a decedent who suffer damages because of a decedent's death to recover against those who tortiously caused the death.

It is important to recognize the distinction between a wrongful death claim, which permits certain heirs of a decedent to pursue a claim for their own damages arising from the death of a decedent, from a survival action under C.R.S. § 13-20-101. The latter is brought by the decedent's estate to recover pecuniary damages incurred by the decedent between the time of injury and the time of death. A survival claim is also distinct from a wrongful death claim because the cause of action need not bear a causal relationship to the decedent's death.³

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Notes:

^[1] C.R.S. §§ 13-21-201, et seq.; Klancke v. Smith, 829 P.2d 464 (Colo. App. 1991). For a comprehensive discussion of wrongful death law in Colorado, see G. Giometti, Handbook of Colorado Wrongful Death...