What are damages caps?
In Colorado, damages caps limit the amount of certain types of damages that can be obtained for compensation in personal injury, medical malpractice and wrongful death cases. Statutes limiting damages were first enacted by Colorado’s legislature in 1986 as a part of “tort reform”.
The caps increased effective January 1, 2025:
For cases filed on and after January 1, 2025, new damages caps apply:
Wrongful Death Cases: For cases filed after January 1, 2025, the cap increased to $2.125 million for cases for the wrongful death of a family member. C.R.S. 13-21-201 and 13-21-203.
Personal Injury Cases:Non-economic damages, for example, those for pain, emotional distress, loss of enjoyment of life and suffering, increased to $1.5 million. Damages for permanent impairment are a separate category and are not limited under Colorado law.
Medical Malpractice Cases:Non-economic damages are gradually rising to $875,000 over five years, with inflation adjustments every two years. C.R.S. 13-64-302.
Inflation adjustment:
Starting January 1, 2028, every two years after that, caps will be adjusted based on inflation.
Filing date:
Caps are tied to the date the lawsuit is filed, not the date of the accident or injury.
Punitive damages, which are meant to punish the wrongdoer, are capped at the amount of actual damages awarded.
Hiring an attorney is important:
Due to the complexity of the damage caps and their potential adjustments, it’s crucial to consult with an experienced Colorado personal injury attorney to understand how they apply to a specific case.