In Colorado, non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life, physical impairment) are capped at $1.5 million for most personal injury cases filed on or after January 1, 2025. Economic damages (medical expenses, lost wages, lost earning capacity, property damage) are not capped. You can recover the full amount of your documented financial losses. Punitive damages are capped at an amount equal to compensatory damages. Claims against government entities have separate, lower caps. For catastrophic injury victims, the uncapped nature of economic damages is significant. Lifetime medical care, lost earning capacity, and other economic losses can far exceed the non-economic cap. Thorough documentation of economic damages is essential to maximizing total recovery. Understanding which damages are capped helps set realistic expectations while maximizing your total recovery.
