Wrongful Death Research Paper

Words: 663
Pages: 3
Open Document
Wrongful death is a civil claim brought against a party who is liable for losses caused by the death of a loved one. This type of action is brought by a surviving family member due to a defendant’s negligence. C.R.S. § 13-21-202 provides that:
When the death of a person is caused by a wrongful act, neglect, or default of another, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who or the corporation which would have been liable, if death had not ensued, shall be liable in an action for damages notwithstanding the death of the party injured.
In other words, if the deceased party had not passed away, and that person would have had an action against the wrongdoer, then that action survives, and a family member may bring suit.
You may recover both economic and non-economic damages in a wrongful death case. However, C.R.S. § 12-21-203 limits the damages recoverable under the Wrongful Death Act. Per Colorado statute, the limitation on noneconomic damages for a personal injury claim shall not exceed $250,000 plus inflation. That makes the current cap for wrongful death suits $436,070 (this may increase or decrease in 2016 based upon inflation).
How …show more content…
If you apportion first, defendant owes $400,000, which is below the cap. If you cap first that $436,070, you end up with 40% of that, which is $174,428. Defendant owes quite a bit less in that scenario. The authors in this piece argue that “subjecting the total verdict to the damage cap and then further reducing the number for comparative fault would result in an unfair double-reduction” and public policy favors the “apportion first, then cap” method, which in turn benefits the family of the
Show More

Related Documents: Wrongful Death Research Paper

Wrongful Conviction: the Darryl Hunt Case Essays

Abstract Darryl Hunt is an African American born in 1965 in North Carolina. In 1984, he was convicted wrongfully of rape and murder of Deborah Sykes, a young white woman working as a newspaper editor. This paper researches oh his wrongful conviction in North Carolina. Darryl Hunt served nineteen and a half years before DNA evidence exonerated him. The charges leveled against him were because of inconsistencies in the initial stages of the case. An all-white bench convicted the then nineteen-year-old…

Words 1248 - Pages 5

CJ 1010 - An Analysis of the Death Penalty Essay

Critical Thinking Paper An Analysis of the Death Penalty Brett High Criminal Justice 1010 Professor Terry L. Powell June, 24th 2014 Part 1: Deterrence All of the research that I have done suggests that the death penalty is not a major source of deterrence for criminals to commit severe crimes such as homicide. In a 2009 survey of America’s top criminologists, published in the Journal of Criminal Law and Criminology and written by Professor Michael Radelet…

Words 1724 - Pages 7

Death Penalty Essay

Research Paper The death penalty has been around for thousands of years, dating as far back to the eighteenth century B.C. in Babylon, seventh century B.C. in Athens, and in the fifth century B.C. in Rome. Since then, the death penalty has found its way to many cultures around the world. The British first influenced the death penalty in America when British colonists began to explore the Americas. When the colonists came to America, they brought the practice of capital punishment with them…

Words 3094 - Pages 13

Final Research Paper Kestin Gary

Research Paper Abolish the Death Penalty Kestin Gary Essay 3 May 9th, 2015 Ronald Breines WRTG 101s Kadena Apx. Word Count: 1050 A congressional movement to abolish the death penalty throughout the U.S. needs to be made a reality. Many people hope and dream about getting rid of the death penalty in all states, and by making this dream a reality the states can cut down on the number of innocent people put on death row and furthermore keep them from being wrongly executed, they…

Words 1089 - Pages 5

Gang Violence Essay

defined as one who can give a firsthand account of something seen, heard, or experienced. (American Heritage Dictionary) When you put these two words together, you get witness misidentification which has been referred to as the single greatest cause of wrongful convictions nationwide, with nearly 75% of the convictions overturned through DNA testing. There have been 260 exonerations across the country based on forensic DNA testing with 3 out of 4 involving cases of eyewitness misidentification. (Innocence…

Words 2835 - Pages 12

Eyewitness Testimony Case

Shockingly, in the United States alone there have been 235 wrongful conviction cases based on misidentification that have been overturned by DNA evidence since The Innocence Project was created in the 1990’s (Innocence Project, 2012). The Innocence Project has been disproving death row cases founded on eyewitness testimony. In their findings, 73% of their 235 overturned convictions were based on faulty eyewitness testimony (Innocence Project, 2012). Most of these inaccurate identifications are caused…

Words 1166 - Pages 5

The Case Of Frank Lee Smith

gy paper The Case of Frank Lee Smith Johnnie Daniels Psychology and Law Case Summary The case of Frank Lee Smith was a very interesting one and yet at the same time, a very sad one. An innocent man that was wrongfully convicted gave up 14 years, and eventually his life inside of a prison for a crime that he did not commit. Later it was found that he was actually telling the truth about the whole thing. According to the innocent project Frank…

Words 3090 - Pages 13

Lust In Dante's Inferno Essay

commandment is the seventh commandment which means the follower of god should not have unconscionable relationships. Lewdness and wrongful sex are regarded as a kind of crime in both Inferno and Ten Commandments. According to Holy Bible, people with such lust crimes can’t enter into the kingdom of God — Heaven (Corinthian 1, 6: 9). So they must go to inferno after their death and Dante did so. In this case, Dante agreed with Christianity and punished people with lust…

Words 1559 - Pages 7

Essay on The Death Penalty

AND THE DEATH PENALTY The graph to the right shows the results of a 2008 poll of 500 police chiefs in theUnited States, conducted by R.T. Strategies of Washington, DC. Police chiefs ranked the death penalty last when asked to name one area as "most important for reducing violent crime." Higher priorities included increasing the number of police officers, reducing drug abuse, and creating a better economy. A study of the deterrence value of the death penalty focused on whether the death penalty…

Words 3194 - Pages 13

Toyota Hybrid Cars And Legal Issues Essay

market for hybrid vehicles. Although Toyota experiences worldwide successes, they are constantly under the watch full eyes of the general public and the government because of the many serious allegations and lawsuits brought against the Company. This paper will examine the first mover advantage of Toyota got by launching Prius. The initiatives undertaken by Toyota to bring their environmental friendly hybrid into the market will be discussed. Additionally, we will point out the many legal issues Toyota…

Words 2468 - Pages 10