(1) All causes of action, except actions for slander or
libel, shall survive and may be brought or continued notwithstanding the death of the person in
favor of or against whom such action has accrued, but punitive damages shall not be awarded
nor penalties adjudged after the death of the person against whom such punitive damages or
penalties are claimed; and, in tort actions based upon personal injury, the damages recoverable
after the death of the person in whose favor such action has accrued shall be limited to loss of
earnings and expenses sustained or incurred prior to death and shall not include damages for
pain, suffering, or disfigurement, nor prospective profits or earnings after date of death. An
action under this section shall not preclude an action for wrongful death under part 2 of article 21
of this title.
(2) Any action under this section may be brought or the court on motion may allow the
action to be continued by or against the personal representative of the deceased. Such action
shall be deemed a continuing one and to have accrued to or against such personal representative
at the time it would have accrued to or against the deceased if he had survived. If such action is
continued against the personal representative of the deceased, a notice shall be served on him as
in cases of original process, but no judgment shall be collectible against a deceased person's
estate or personal representative unless a claim, for the amount of such judgment as may be
recovered in such continuing action, has been presented within the time and in the manner
required for other claims against an estate.
Source: L. 73: p. 1646, § 5. C.R.S. 1963: § 41-5-1. L. 75: (2) amended, p. 587, § 4,
effective July 1.
Notes of Decisions
e Trust Life Ins. Co. v. Est. of Casper, 2018 CO 43 (Colo. 2018).
· cites it 15× “¶1 In this case, we consider the operation of section 13-20-101, C.R.S. (2017), Colorado's survival statute, and section 10-3-1116(1), C.”
Espinoza v. O'DELL, 633 P.2d 455 (Colo. 1981).
· cites it 28× “1973, brought by surviving parties whose claim is based upon a fatal injury done to the deceased; [6] and (2) a survival action brought under section 13-20-101, C.R.S. 1973, by the deceased's personal representative for the benefit of the estate.”
v. SCC Pueblo, 2019 COA 178 (Colo. Ct. App. 2019).
· cites it 7× “SCC Pueblo — Damages — Survival of Actions — Personal Injury Limitation A division of the court of appeals addresses whether, under Colorado’s survival statute, section 13-20-101, C.R.S. 2019, a decedent’s estate or representative can recover damages for the decedent’s “pain,…”
US Fax Law Ctr., Inc. v. iHire, Inc., 362 F. Supp. 2d 1248 (D. Colo. 2005).
· cites it 8× “§ 13-20-101(1), states in relevant part: All causes of action, except actions for slander or libel, shall survive and may be brought or continued notwithstanding the death of the person in favor of or against whom such action has accrued, but punitive damages shall not be…”
Yarbro v. Hilton Hotels Corp., 655 P.2d 822 (Colo. 1982).
· cites it 6× “I believe the statutory language of section 13-80-127, which expressly applies to all actions "for injury to persons or property," manifests a clear legislative intent not to include an action for wrongful death in the ten year limitation period.”
Kruse v. McKenna, 178 P.3d 1198 (Colo. 2008).
· cites it 7× “1 The survival of actions is governed by section 13-20-101, C.R.S. (2003), which provides: All causes of action, except actions for slander or libel, shall survive and may be brought or continued notwithstanding the death of the person in favor of or against whom such action has…”
People v. Adams, 243 P.3d 256 (Colo. 2010).
· cites it 5× “To decide whether a claim is assignable, we must first determine wheth *262 er it is survivable under section 13-20-101, C.R.S. (2010), which states: All causes of action, except actions for slander or libel, shall survive and may be brought or continued notwithstanding the…”
Sager v. City of Woodland Park, 543 F. Supp. 282 (D. Colo. 1982).
· cites it 5× “17 (1979); compare C.R.S. § 13-20-101 (1973) with C.R.S. §§ 13-21-202, 13-21-203 (1973).”
Jackson v. Marsh, 551 F. Supp. 1091 (D. Colo. 1982).
· cites it 7× “Three questions were raised in the motion: (1) Is there a constitutionally protected right of parents to the companionship, care, custody, management, aid, society, support, and protection of their children? (2) Do §§ 13-20-101, C.R.S.1973, the state survival statute, and…”
Est. of Casper v. Guarantee Trust Life Ins. Co, 2016 COA 167 (Colo. Ct. App. 2016).
· cites it 6× “¶4 GTL says that as a matter of law the delay in entering the written judgment means that under the Colorado survival statute, § 13-20-101, C.R.S. 2016, the Estate is entitled only to the $50,000 awarded as economic damages for the breach of contract claim.”
Claim of Dick v. Indus. Comm'n, 589 P.2d 950 (Colo. 1979).
· cites it 6× “NOTES [1] Section 13-20-101, C.R.S.1973. [2] "No dependent of an injured employee, during the life of the employee, shall be deemed a party in interest to any proceeding by him for the enforcement of any claim for compensation.”
— Colo. Rev. Stat. § 13-20-101(1) — 21 cases
e Trust Life Ins. Co. v. Est. of Casper, 2018 CO 43 (Colo. 2018).
“¶1 In this case, we consider the operation of section 13-20-101, C.R.S. (2017), Colorado's survival statute, and section 10-3-1116(1), C.”
Espinoza v. O'DELL, 633 P.2d 455 (Colo. 1981).
“1973, brought by surviving parties whose claim is based upon a fatal injury done to the deceased; [6] and (2) a survival action brought under section 13-20-101, C.R.S. 1973, by the deceased's personal representative for the benefit of the estate.”
US Fax Law Ctr., Inc. v. iHire, Inc., 362 F. Supp. 2d 1248 (D. Colo. 2005).
“§ 13-20-101(1), states in relevant part: All causes of action, except actions for slander or libel, shall survive and may be brought or continued notwithstanding the death of the person in favor of or against whom such action has accrued, but punitive damages shall not be…”
Yarbro v. Hilton Hotels Corp., 655 P.2d 822 (Colo. 1982).
“I believe the statutory language of section 13-80-127, which expressly applies to all actions "for injury to persons or property," manifests a clear legislative intent not to include an action for wrongful death in the ten year limitation period.”
v. SCC Pueblo, 2019 COA 178 (Colo. Ct. App. 2019).
“SCC Pueblo — Damages — Survival of Actions — Personal Injury Limitation A division of the court of appeals addresses whether, under Colorado’s survival statute, section 13-20-101, C.R.S. 2019, a decedent’s estate or representative can recover damages for the decedent’s “pain,…”
— Colo. Rev. Stat. § 13-20-101(2) — 5 cases
Espinoza v. O'DELL, 633 P.2d 455 (Colo. 1981).
“1973, brought by surviving parties whose claim is based upon a fatal injury done to the deceased; [6] and (2) a survival action brought under section 13-20-101, C.R.S. 1973, by the deceased's personal representative for the benefit of the estate.”
Sager v. City of Woodland Park, 543 F. Supp. 282 (D. Colo. 1982).
“17 (1979); compare C.R.S. § 13-20-101 (1973) with C.R.S. §§ 13-21-202, 13-21-203 (1973).”
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