Colorado recently enacted significant reforms to its non-economic damage limits in personal injury, wrongful death, and medical malpractice cases. In 2024, Governor Jared Polis signed House Bill 24-1472 and raised long-standing damage caps. These new limits took effect on January 1, 2025.
Higher Caps for Personal Injury Claims
Colorado law places statutory limits on non-economic damages in most personal injury actions. These damages compensate for the personal, emotional, and psychological impact of an injury. These losses do not come with a direct financial expense but are very real to the victim.
Common examples include:
- Pain and suffering
- Emotional distress, including PTSD, anxiety, and depression
- Loss of enjoyment of life
- Scarring and disfigurement
- Permanent physical impairment
- Loss of companionship or consortium
- Mental anguish
- Reduced quality of life
Before the new law, the 2024 cap for non-economic damages was $642,180, with the possibility of increasing the award to $1,284,370 if clear and convincing evidence justified a higher amount.
Effective January 1, 2025, Colorado’s cap on non-economic damages is now $1.5 million. This increase came from a recognition that earlier caps had not kept pace with the cost of living. Importantly, HB 24-1472 requires the state to adjust these limits every two years, beginning in 2028, to ensure that caps stay aligned with inflation.
These enhanced caps apply to all personal injury claims that accrue on or after January 1, 2025.
Wrongful Death Caps Also Increase
The new law also raises the compensation limits available to families pursuing wrongful death claims after a fatal accident. These cases allow surviving relatives to seek justice for the loss of a loved one caused by negligence, recklessness, or other unlawful conduct.
Non-economic damages in wrongful death cases may include:
- Loss of companionship, affection, and guidance
- Emotional suffering experienced by surviving family members
- Loss of household services the deceased once provided
- Loss of financial contributions or benefits
- Funeral and burial expenses
- Loss of consortium for spouses or partners
Prior to HB 24-1472, the non-economic damages cap in wrongful death cases was approximately $571,870 (subject to periodic inflation adjustments). As of January 1, 2025, the cap increases to $2.125 million. Inflation-based adjustments begin in 2028.
Medical Malpractice Caps
Colorado’s medical malpractice laws have historically had some of the state’s most restrictive limits on compensation. Under the new statute, these caps increase gradually.
Beginning January 1, 2025, non-economic damages are capped at $875,000 (with total recoverable damages are capped at $1.575 million). These caps will be recalculated every two years starting in 2028.
Contact an Experienced Colorado Personal Injury Lawyer
If you’ve been hurt in an accident caused by someone else’s negligence, Colorado’s updated non-economic damage caps could significantly affect the value of your claim. If you are wondering whether you qualify for non-economic compensation, contact an experienced Centennial personal injury lawyer for help. Legal Help in Colorado offers free consultations.