Handling Wrongful Death Claims After the 2024 Statutory Amendments - In-Person
Are you ready for the changes caused by the 2024 amendments related to wrongful death actions? Join the experts in this upcoming seminar covering the most current and comprehensive information in Colorado wrongful death law.
-The presentation will cover such topics as:
- General Right of Action
- Proper Parties
- Allocation of Proceeds of a Wrongful Death Action
- The “One Action Rule”
- Limitations on Damages
- The Solatium Alternative
- The Statute of Limitations for Wrongful Death Claims
- Claims Under the Survival Statute
Handbook of Colorado Wrongful Death Law, Fifth Edition — is a valuable guide for Colorado litigators. This important desk reference is essential to understanding the background of wrongful death law in Colorado, as well as learning the latest updates.
Handbook of Colorado Wrongful Death Law, Fifth Edition is the featured content of this course, and the PDF version of the book is included in your registration fee. In-person and webinar attendees get the option to receive the print publication in addition to the PDF version for an added fee. Home study attendees will receive the PDF publication.
As the owner of this book, you will automatically receive updates to the book at a 30% discount to ensure you are up to date with the latest information. Before any new release we will email you, allowing you to opt out of the newest update if you choose to do so. All updated content comes electronically and conveniently on your CLE Dashboard, but printed versions are available, by request, for an additional fee.
You may opt out of automatic renewal at any time. Remove auto-renewals from your account by filling out this form or emailing [email protected].
Any initial purchase made within 60 days prior to an update will automatically receive the updated content at no additional charge.
CBA-CLE will email webinar access information 24-48 hours before the program.
Home studies will be available 2-3 weeks following the live program.
CBA-CLE is committed to providing access, equal opportunity, and reasonable accommodation in its services, programs, and employment. To request an accommodation please contact [email protected] at least 14 business days in advance.
The program is accredited in Colorado. CBA-CLE staff can provide a Uniform Certificate of Attendance, and it is the attendee's responsibility to complete the accreditation outside of Colorado.
8:30 – 9:00 am
Registration/Check-in
9:00 – 9:10 am
Welcome Remarks
Extended by Gregory R. Giometti, Esq., Giometti & Mereness, P.C.,
Author/Program Chair, and Lisa Travis Fischer, Esq., CBA-CLE
9:10 – 10:00 am
Overview of Wrongful Death Actions in Colorado – New Issues Under Statutory Amendments
a. General Right of Action Under C.R.S. § 13-21-202
b. Proper Parties Under C.R.S. § 13-21-201, as amended in 2024
c. Allocation of Proceeds of a Wrongful Death Action – effect of amendments
d. The “One Action Rule” Under C.R.S. § 13-21-203
e. Limitations on Damages Under C.R.S. § 13-21-203, as amended in 2024
f. The Solatium Alternative Under C.R.S. § 13-21-203.5
g. The Statute of Limitations for Wrongful Death Claims
h. Claims Under the Survival Statute – C.R.S. § 13-20-101
Presented by Gregory R. Giometti, Esq., Giometti & Mereness, P.C.
10:00 – 10:15 am
Networking Break
10:15 – 11:05 am
Handling the Plaintiff's Wrongful Death Case – Issues Raised by the Statutory Amendments
a. Who is the Client? Standing to Sue – Avoiding Conflicts
b. Evaluating and Establishing Liability
c. Identifying Proper Defendants in the Context of the One Action Rule
d. Searching for Insurance Coverage
e. Presenting a Strong Claim for Damages with Higher Damages Caps
f. Concomitant Claims Under the Survival Statute
g. Use of Expert Witnesses in Wrongful Death Litigation – Damages Experts
Presented by Ethan A. McQuinn, Esq., Dulin McQuinn Young LLP
11:05 – 11:55 am
Defending the Wrongful Death Action
a. Challenging Standing to Sue
b. Comparative Negligence and Pro-Rata Liability
c. Identifying Other Potentially Liable Parties – Designation of Non-Parties
d. Challenging Damages – Dealing with Higher Damages Caps
e. Proper Use of Experts – Challenging Experts Under Rule 702 (Daubert and Shreck
Motions)
g. Settlement of Wrongful Death Claims – Ethical Issues Presented by Claims with Higher Damages Caps
Presented by Hillary D. Patterson, Esq., Patterson Ripplinger P.C.
11:55 – 1:10 pm
Lunch on Your Own
1:10 – 2:00 pm
Insurance Issues Presented by Higher Damages Caps
a. Where Will the Money Come From?
b. Automobile Liability Claims and UM/UIM Claims
c. Claims under CGL policies or Business Liability Policies
d. Claims under E & O Policies
e. Insurer’s Duty to Settle – Complexities Presented by Higher Caps and Low Limit
Policies
Presented by Max K. Jones, Esq., Montgomery | Amatuzio
2:00 – 2:40 pm
Panel Discussion Re: Issues Raised by Higher Damages Caps and New Parties with Standing to Sue – Ethical Quandaries – Dialogue with Audience
a. Pre-judgment Bashor/Nunn Agreements and Ramifications for Coverage
b. Ethical Considerations for Plaintiffs and Defendants
Moderated by Gregory R. Giometti, Esq., Giometti & Mereness, P.C.
Discussion by Max K. Jones, Esq., Montgomery | Amatuzio, Ethan A. McQuinn, Esq., Dulin McQuinn Young LLP, and Hillary D. Patterson, Esq., Patterson Ripplinger P.C.
2:40 pm
Adjourn
Registration Fees
| Non Member | $359.00 |
| CBA Member | $259.00 |
| CBA Litigation Section Member | $199.00 |
| Paralegal/Legal Support Staff | $179.00 |
| Active Military | $179.00 |
| Public Service/Government/Non-Profit | $179.00 |
| CLE Elite Pass | $129.00 |
| Student Currently Enrolled in Law School | $0.00 |
- General Credits: 5.00
- Ethics Credits:
- EDI Credits:
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