Wrongful Death · Jurisdiction Comparison
Explore the key differences and similarities in how Colorado and Arizona handle wrongful death claims, including statutes, damages, and case law.
In Colorado, wrongful death claims are governed by the Colorado Revised Statutes § 13-21-201, which allows the surviving spouse and children to file a claim within two years of the deceased's death. Colorado law distinguishes between economic and non-economic damages, permitting the recovery of both types of damages depending on the circumstances. Additionally, Colorado enforces a 'joint and several liability' rule, allowing plaintiffs to recover full damages from any defendant found liable, regardless of their percentage of fault, unless apportioned by the jury.
Arizona's wrongful death statutes are outlined in Arizona Revised Statutes § 12-611. Like Colorado, Arizona permits family members, including spouses and children, to bring forth wrongful death claims, typically within two years of the death. However, Arizona allows for a broader range of potential claimants, including parents and siblings, depending on the situation. Arizona also applies a comparative fault standard, which can reduce recovery based on the percentage of fault attributed to the deceased, potentially complicating damages assessment.
This case clarified the standards for the recovery of non-economic damages in wrongful death actions.
This case established important precedents regarding the scope of claimants allowed to pursue wrongful death claims.
For lawyers, understanding the nuances of both states' wrongful death claims is crucial in advising clients on potential recovery and liability risks. The differing standards for fault and damage recovery can significantly impact case strategy and settlement negotiations.
Candidates may encounter questions comparing the approaches to wrongful death in Colorado and Arizona, focusing on the differences in liability standards and claimant eligibility.