§ 13-20-101 — What actions survive

(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.

Legislative History

Source: L. 73: p. 1646, � 5. C.R.S. 1963: � 41-5-1. L. 75: (2) amended, p. 587, � 4, effective July 1.