continued notwithstanding the death of the person in favor or against whom such action has accrued ... 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. Colo.Rev.Stat. § 13-20-101(1). This provision is not inconsistent with the ADA, which does not address the availability of damages after the plaintiffs death. Further, it is not necessarily inconsistent with the policies underlying the ADA — namely, deterrence and victim compensation. Cf. Robertson, 436 U.S. at 590-91, 98 S.Ct. at 1995 (<HOLDING>). Accordingly, I find and conclude that the
holding that criminal statutes of limitation should be construed in favor of the accused holding that the workers compensation act is to be liberally construed in the employees favor and any doubt in its construction is thus resolved in favor of the employee holding that state law must give way to treasury department regulations governing survivorship rights in us bonds holding that the considerations underlying absolute prosecutorial immunity at common law dictate the same absolute immunity under  1983 holding that nothing in the broad sweep of  1983 or its underlying policies of victim compensation and deterrence indicates that a state law causing abatement  should invariably be ignored in favor of a rule of absolute survivorship