Wrongful Death Economic Damages Expert in Colorado

By Christopher Skerritt, M.Ed., MBA, Chief of Economic Services · Published · Reviewed

KW Economics prepares economic damages analyses for wrongful death cases venued in Colorado: the components the loss claim consists of, the records that drive them, and a present value built to Colorado's damages rules and venues. Plaintiff and defense.

A wrongful death economic claim measures what the decedent would have contributed to the household over an expected life: earnings and benefits net of personal consumption, household services, and support to each dependent, reduced to present value under the framework counsel identifies. Read the full wrongful death analysis guide.

Colorado courts and expert standards

Colorado applies a liberal but reliability-based inquiry: the trial court asks whether the economist's principles are reasonably reliable, whether the witness is qualified to apply them, and whether the testimony will help the jury, without requiring general acceptance. A damages report meets that inquiry by showing the published basis for each assumption and its application to the record.

Where these cases are heard

Highest court: Colorado Supreme Court. Federal venues: D. Colo. Court system: courts.state.co.us.

Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Colorado Division of Workers' Compensation.

Damages framework

Colorado's wrongful death action is measured by the net pecuniary loss to the heirs plus a limited allowance for grief, while the survival action for the estate excludes the decedent's pain and suffering. Awards are reduced after verdict by collateral-source payments other than benefits the plaintiff paid for by contract, recovery is barred once the plaintiff's fault reaches half, and prejudgment interest on personal injury awards runs from the date the claim accrued.

How the analysis is built

The same four steps apply to a wrongful death case venued in Colorado; the damages framework above decides which components enter the total.

  1. Establish the decedent's earnings and fringe benefit base from the tax, wage, and benefit records.
  2. Project the base over a worklife expectancy with a stated wage growth rate.
  3. Deduct personal consumption from published household expenditure data and add household services and support to each dependent over its period.
  4. Discount every future stream to present value at a stated rate and show the sensitivity of the total to the contested assumptions.

Attorney guides for wrongful death cases

Other case types in Colorado

Frequently asked: wrongful death cases in Colorado

Which Colorado courts hear wrongful death cases?

Wrongful Death cases venued in Colorado are heard in the District Court (General jurisdiction; larger civil cases, felonies, domestic relations, probate). Final appeals run to the Colorado Supreme Court. Matters within federal jurisdiction proceed in the United States District Court for the District of Colorado.

How does Colorado's damages framework shape the economic analysis?

Colorado's wrongful death action is measured by the net pecuniary loss to the heirs plus a limited allowance for grief, while the survival action for the estate excludes the decedent's pain and suffering. Awards are reduced after verdict by collateral-source payments other than benefits the plaintiff paid for by contract, recovery is barred once the plaintiff's fault reaches half, and prejudgment interest on personal injury awards runs from the date the claim accrued. Colorado applies a liberal but reliability-based inquiry: the trial court asks whether the economist's principles are reasonably reliable, whether the witness is qualified to apply them, and whether the testimony will help the jury, without requiring general acceptance. A damages report meets that inquiry by showing the published basis for each assumption and its application to the record.

More questions about wrongful death analysis

References

Request a consultation on wrongful death cases in Colorado or call (201) 343-0700. Plaintiff and defense counsel.