Is There a Cap on Personal Injury Damages in Colorado?

Colorado recently transformed its approach to personal injury damages with groundbreaking legislation that significantly increases compensation limits for accident victims. House Bill 1472, which took effect January 1, 2025, raises damage caps that had remained virtually unchanged since the 1980s, finally acknowledging the true cost of catastrophic injuries and wrongful death in today’s economy. But the short answer to “Is there a cap on personal injury damages in Colorado?” is yes. Colorado still maintains caps on certain types of damages, but these limits have increased dramatically, representing the most significant reform to Colorado’s damage limitation system in decades.

Key Takeaways

• Colorado’s new damages cap represents a fundamental shift toward more realistic compensation for injury victims after decades of outdated limitations.
• The distinction between capped non-economic damages and uncapped economic damages determines how different aspects of your losses receive compensation.
• Courts evaluate multiple personal factors when awarding noneconomic damages, making each case’s compensation potential unique to your specific circumstances.
• Built-in inflation adjustments ensure Colorado’s damage caps will evolve with economic conditions.
• Experienced legal representation becomes even more critical under the new caps to maximize your compensation potential within these expanded limits.

Colorado’s New Damage Cap Structure

House Bill 1472 completely restructured how Colorado handles damage limitations across different types of personal injury cases. Signed by Governor Jared Polis on June 3, 2024, the legislation addresses several key areas where previous caps had become woefully inadequate for compensating serious injuries.

General Personal Injury Cases

For most personal injury claims filed on or after January 1, 2025, the noneconomic damage cap increased from $250,000 to $1.5 million. This represents a 500% increase that better reflects the true impact of catastrophic injuries on victims’ lives. The law also includes built-in inflation adjustments starting January 1, 2028, ensuring these caps remain relevant as economic conditions change.

Wrongful Death Cases

Wrongful death cases now carry a damage cap of $2.125 million, a substantial increase from previous limitations. The legislation also expanded who can file wrongful death claims to include siblings of the deceased under certain circumstances, broadening access to justice for grieving families.

Medical Malpractice Cases

Medical malpractice cases follow a different trajectory, with caps increasing gradually over five years. Noneconomic damages in medical malpractice cases will reach $875,000 by 2030, while wrongful death damages in these cases cap at $1.575 million after the five-year implementation period.

Non-Economic Damages Affected by Colorado’s Caps

The damage caps primarily affect noneconomic damages, which compensate for losses that don’t have a clear monetary value. Economic damages, such as medical bills and lost wages, typically face no caps and can be recovered in full. Non-economic damages include several categories of compensation that address the human impact of injuries:

• Pain and suffering: covers the physical discomfort and emotional distress caused by injuries
• Loss of enjoyment of life: acknowledges how injuries prevent you from participating in activities you once loved
• Mental anguish and psychological distress: addresses the emotional trauma that often accompanies serious injuries
• Disfigurement and disability: compensation for permanent changes to your appearance or physical capabilities
• Loss of consortium: provides compensation to spouses for the impact injuries have on their relationship with the injured person

Economic Damages Remain Uncapped

While Colorado maintains caps on noneconomic damages, economic damages face no limitations. You can recover the full amount of your documented financial losses, regardless of how high they climb. Medical expenses form the largest category of economic damages for most injury victims. These include:

• Emergency treatment costs: ambulance services, emergency room visits, and initial trauma care
• Surgical expenses: operations, anesthesia, and hospital stays required for your injuries
• Rehabilitation services: physical therapy, occupational therapy, and speech therapy
• Ongoing medical care: follow-up appointments, specialist consultations, and monitoring
• Prescription medications: pain management drugs, antibiotics, and long-term prescriptions
• Medical equipment: wheelchairs, braces, prosthetics, and assistive devices
• Future medical costs: anticipated long-term treatment and care needs

Other economic damages you can recover include lost wages for income you’ve already missed due to your injuries, lost earning capacity that addresses your reduced ability to earn money in the future, and property damage such as vehicle repairs or replacement costs.

Factors That Influence Damage Awards

Several key elements determine your compensation within Colorado’s new damage caps. Your attorney will present evidence about these factors to maximize your potential award. Courts weigh these primary considerations when calculating your damages:

• Injury severity and permanence: permanent disabilities, chronic pain, and life-altering conditions justify higher compensation amounts
• Age and health status: younger victims and previously healthy individuals often receive higher awards due to longer-term impact
• Career and daily life disruption: inability to return to work, reduced earning capacity, and interference with self-care or family responsibilities
• Treatment requirements: ongoing medical needs, assistive devices, and long-term care considerations

Your personal injury attorney will document how these factors specifically apply to your situation to build the strongest possible case for maximum compensation under the new caps.

Common Injuries in Colorado Personal Injury Cases

Colorado’s diverse geography and recreational opportunities create unique injury patterns that courts regularly see in damage award cases. Mountain activities, urban traffic, and seasonal weather conditions contribute to specific types of serious injuries.

• Traumatic brain injuries: frequently result from skiing accidents, bicycle crashes, and motor vehicle collisions. These injuries often involve long-term cognitive changes that significantly impact victims’ quality of life and earning capacity.
• Spinal cord injuries: commonly occur in recreational accidents and vehicle crashes. These injuries may result in partial or complete paralysis, requiring extensive medical care and home modifications.
• Severe fractures: from skiing, cycling, or pedestrian accidents can lead to chronic pain and mobility limitations. Complex fractures may require multiple surgeries and lengthy rehabilitation periods.
• Burn injuries: from vehicle fires or outdoor accidents can cause permanent scarring and require ongoing reconstructive surgery. These injuries often involve significant psychological trauma in addition to physical damage.
• Pain and suffering: includes emotional trauma, PTSD, anxiety, and depression, frequently accompanying physical injuries. These psychological impacts can persist long after physical wounds heal and significantly affect your daily life and relationships.

Frequently Asked Questions

What is the deadline for filing a personal injury claim in Colorado?

Colorado’s statute of limitations requires you to file most personal injury lawsuits within two years of your accident date. However, if your accident involved a motor vehicle, the deadline is generally three years. Some cases have different deadlines, so consulting with an attorney quickly after your injury protects your rights.

What if I am partly to blame for the accident?

Colorado follows a modified comparative negligence rule. You can still recover damages if you’re less than 50% at fault for the accident, but your compensation will be reduced by your percentage of fault. An experienced personal injury lawyer can fight back against any attempts to place undue blame on you.

How much does a personal injury lawyer cost in Colorado?

Most personal injury attorneys work on a contingency fee basis, meaning you pay no attorney fees unless they recover compensation for you.

Can I still file a claim if the other party has minimal insurance?

Yes, you may have several options, including your motorist coverage or identifying additional responsible parties who contributed to your accident.

How long does it take to resolve a personal injury case in Colorado?

Simple personal injury cases may settle within a few months, while complex cases involving serious injuries can take more than a year. Cases that go to trial typically require additional time for court scheduling and proceedings.

Need Help with Your Colorado Personal Injury Case?

If you’ve suffered serious injuries in Colorado, the experienced attorneys at Sloat, Nicholson & Hoover, PC can help you pursue maximum compensation under the new damage caps. With over 100 years of combined experience and more than $230 million recovered for clients, our Boulder-based firm has the knowledge and dedication to fight for your rights. We offer free consultations to discuss your case and explain how damage caps might affect your potential recovery. Our attorneys limit their caseloads to provide personalized attention to each client. Contact Sloat, Nicholson & Hoover, PC today at 303-447-1144 or contact us online to schedule your free case evaluation.