Wrongful Death Law in Colorado - The Fundamentals
June 2015
Wrongful Death Law in Colorado - The Fundamentals
Program Description:
The purpose of this seminar and the accompanying book, "Handbook of Colorado Wrongful Death Law, Third Edition," is to furnish the practitioner with a fundamental review of Colorado's wrongful death law. The faculty will address key aspects of wrongful death cases and the statutes. The book provides additional information regarding not only the current state of the law, but examines its historical development as well. Where appropriate, the faculty provide critical analysis of major court decisions and identifies questions that remain unanswered. To put legal issues in the proper context, the book contains factual summaries of important cases. This seminar and book should equip the practitioner to address most legal issues likely to arise in the handling of a wrongful death case in Colorado.
Every attendee receives a copy of the newly released updated edition of “Handbook of Colorado Wrongful Death Law, 3rd Edition” by Gregory R. Giometti!
Agenda:
8:30 – 9:00 am
Registration/Check-in (Continental Breakfast provided)
9:00 – 10:15 am
Overview of Wrongful Death Actions in Colorado
a. General Right of Action Under C.R.S. § 13-21-202
b. Proper Parties Under C.R.S. § 13-21-201
c. Allocation of Proceeds of a Wrongful Death Action
d. The “One Action Rule” Under C.R.S. § 13-21-203
e. Limitations on Damages Under C.R.S. § 13-21-203, Including the "Felonious Killing Exception"
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.
10:15 – 10:30 am
Networking Break
10:30 – 11:15 am
Recent Developments in Wrongful Death Law
Presented by Jon F. Sands, Esq.
11:15 – 12:15 pm
Handling the Plaintiff's Wrongful Death Case
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. Evaluating Damages and Presenting a Strong Claim for Damages
f. Concomitant Claims Under the Survival Statute
g. Use of Expert Witnesses in Wrongful Death Litigation
Presented by Gregory R. Giometti, Esq.
12:15 – 1:30 pm
Lunch Break
1:30 – 2:30 pm
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, Including "Felonious Killing" Claims
e. Defending Against Claims for Exemplary Damages
f. Proper Use of Experts – Challenging Experts Under Rule 702 (Daubert and Shreck Motions)
g. Settlement of Wrongful Death Claims – Extinguishing All Claims
Presented by Jon F. Sands, Esq.
2:30 – 2:45 pm
Networking Break
2:45 – 3:45 pm
Insurance Companies and Settlement Proposals – Ethical Quandaries
a. Pre-judgment Bashor/Nunn Agreements and Ramifications for Coverage
b. Ethical Considerations for Plaintiffs and Defendants
Presented by Gregory R. Giometti, Esq. and Jon F. Sands, Esq.
3:45 pm
Adjourn
Location Information
CLECI Large Classroom
1900 Grant Street, Suite 300
Denver, CO 80203
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1900 Grant Street, Suite 300
Denver, CO 80203
Registration Fees
| Non Member | $309.00 |
| CBA Member | $269.00 |
| CBA Litigation Section Member | $249.00 |
| New Lawyer (in practice 5 years or less) | $229.00 |
| New Lawyer - CBA Litigation Section Member (in practice 5 years or less) | $209.00 |
| Paralegal/Legal Support Staff | $209.00 |
| CLEACCESSPASS--CLE ELITE Pass Holder | $0.00 |
- General Credits: 6.00
- Ethics Credits: 1.20
- EDI Credits:
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Sponsor Information
- Overview of Wrongful Death Actions in Colorado
- Recent Developments in Wrongful Death Law
- Handling the Plaintiff's Wrongful Death Case
- Defending the Wrongful Death Action
- Insurance Companies and Settlement Proposals - Ethical Quandaries