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New Caps on Damages for Injured Coloradans Take Effect in 2025

Posted by Michael P. Kane | May 15, 2024 | 0 Comments

For years, injured victims in Colorado were subject to low "caps" or limits on how much they could recover in a personal injury case. A recent bill (HB 24-1472 - Raise Damage Limit Tort Actions) from the 2024 legislative session significantly improves the amount you can recover and is a huge win for personal injury claimants in our state. 

For a summary of the types of damages in a Colorado personal injury case, see here.

Non-economic damages cap. For any claim filed on or after January 1, 2025 (or accrues on or after January 1, 2025) the bill increases the non-economic damages cap to $1,500,000 from $642,180 cap previously in place. Further, the cap adjusts for inflation every two years. 

Wrongful death damages cap. For any claim filed on or after January 1, 2025 (or accrues on or after January 1, 2025) the bill increases the wrongful death cap to $2,125,000. The cap adjusts for inflation and also allows siblings and siblings heirs to file claims. 

Medical malpractice non-economic damages cap. For medical malpractice claims the bill allows a phased-in increase to $875,000 (from the previous $300,000 cap) starting January 1, 2025 to January 1, 2029. The medical malpractice damages cap will also adjust for inflation. 

The new law better allows juries to determine the appropriate damages award to personal injury plaintiffs in Colorado rather than low, arbitrary and outdated caps determined by legislators. Please contact Kane Trial Law at 303-919-7777 if you have any questions about the types of damages allowed or would like a free consultation on your case. 

About the Author

Michael P. Kane

Mike Kane is a Colorado personal injury attorney specializing in car accidents, truck accidents and catastrophic personal injury litigation. He also represents victims of sexual assault against institutions and individuals. Mr. Kane, a third-generation lawyer and Colorado native, is a former US Marine who served a tour in support of Operation I...

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