In the 1980s, Colorado legally established caps on the amount of damages that could be awarded to personal injury victims in certain types of suits.
The caps generally apply to noneconomic damages such as pain and suffering, mental and emotional distress, and other intangible losses and damages. It also applies to punitive damages designed to punish a wrongdoer and deter future similar behavior.
The Colorado legislature made significant changes to the personal injury laws in 2024. The changes include an increase in the limit on noneconomic damages, wrongful death damages, and medical malpractice damages.
Changes were also made to expand what parties have standing to bring a wrongful death action.
The Colorado personal injury damages caps have not been increased since 2020. The new law now requires that damages caps must be adjusted every two years to account for inflation beginning January 1, 2008.
Contact our Denver personal injury lawyers at Dan Caplis Law to file a personal injury lawsuit. Schedule your free consultation today.
What Changes Have Been Made?
For personal injury suits filed on or after January 1, 2025, the changes include:
- Increasing the cap on compensation for non-economic losses to $1.5 million. The cap will be adjusted based on inflation every two years beginning January 1, 2028.
- For wrongful death actions, the cap on damages has increased to $2.125 million. This new cap will also be adjusted based on inflation every two years beginning January 1, 2028.
- In medical malpractice claims, the cap on non-economic damages will gradually increase from $300,000 to $875,000 over five years beginning January 1, 2025. Thereafter, the cap will adjust every two years for inflation.
- In wrongful death actions caused by medical malpractice, the cap will gradually increase to $1.575 million over five years beginning on January 1, 2025. It will be adjusted for inflation every two years after that.
- The new caps apply to all suits filed on or after January 1, 2025, meaning the caps are not tied to the date of the loss or accident but to the filing date. Of course, all prescriptive periods still apply.
- The new law also allows a sibling to bring a wrongful death action if there is no spouse, heirs, or designated beneficiaries or if the deceased was an unmarried minor or unmarried adult without descendants and no mother or father surviving them. This change is outlined in Colorado Revised Statute §13-21-201(1)(b)(I)(E).
When Does the Change Become Effective?
Colorado Governor Jared Polis signed House Bill 24-1472 on June 3, 2024, increasing the damages caps in personal injury cases. However, the effective date is January 1, 2025.
Because the new law was enacted in June 2024 but was not effective until January 2025, many personal injury victims chose to wait until January 2025 to file their suit when the prescriptive period permitted.
All personal injury suits filed on or after January 1, 2025, are subject to the newly increased damages cap.
What If My Accident Happened Before January 1, 2025?
The January 1, 2025 effective date applies to when the suit is filed, not when the incident that gave rise to your suit happened.
You must consult an experienced Denver personal injury lawyer to know the statute of limitations for your claim. The statute of limitations sets the deadline for filing your claim.
As long as you have not missed your filing deadline, you can file your suit on or after January 1, 2025, and the new damages caps will apply to your suit.
What Can a Denver, CO Personal Injury Attorney Do To Help Me Recover a Larger Settlement?
An experienced personal injury lawyer in Denver, Colorado will help you in numerous ways, including:
- They will investigate your accident or incident carefully to determine all causes and liable parties.
- They will identify and collect evidence essential to supporting your case.
- Your attorney will help determine what your case is worth so you know what a fair settlement offer would be.
- An experienced Denver, Colorado personal injury lawyer usually has a network of experts they consult to help prove your case and establish damages.
- Your attorney will work to negotiate a fair settlement of your case as quickly as possible.
The bottom line is that your chances of a successful outcome are significantly improved when an experienced Colorado personal injury attorney represents you.
Consult Our Experienced Denver Personal Injury Lawyer
If you have been injured in an accident caused by another party, you may be entitled to recover compensation for your damages.
The Denver personal injury attorneys at Dan Caplis Law have over forty years of experience protecting injury victims and helping them recover maximum compensation. Schedule a free consultation to discuss your case. Call (303) 770-5551 or complete the short form on our contact page. We look forward to meeting you, answering your questions, explaining your rights, and helping you get the compensation you deserve.