At Donaldson Law, LLC, our Denver personal injury attorneys represent clients throughout Colorado—including individuals who have been hurt and families who have lost their loved ones to negligence.
As proud Colorado Trial Lawyers Association (CTLA) members, we are pleased to announce that our state legislature has passed a bill significantly increasing the caps on damages for injured parties and families.
CTLA has reached a legislative agreement with COPIC, the Colorado Chamber of Commerce, and the general liability insurers to address the egregiously low caps on noneconomic damages in Colorado’s law. The agreement is a giant step forward to restore justice and power, giving every citizen a voice against corporations and powerful entities.
How the Colorado House Bill Brings Justice for Injury Victims and Families
House Bill 24-1472 – Raise Damage Limit Tort Actions, will be signed into law by the Colorado Governor. Here, we discuss what that means when addressing general liability and medical malpractice cases involving wrongful death and catastrophic injury and how it vastly enhances both caps to allow for injured Coloradans and their families to recover noneconomic damages.
General Liability: Non-Economic Damage Caps
- Increase non-economic damages cap to $1,500,000 on January 1, 2025.
- The new cap applies to claims filed on or after January 1, 2025, and before January 1, 2026, or any claim for relief that accrues on or after January 1, 2025.
- Inflations adjustment on January 1, 2028, calculated from 2025.
- Cap adjusts every two years after that on January 1 and applies to claims that accrue on or after the adjustment date.
Wrongful Death Damage Caps
- Increase wrongful death cap to $2,125,000 on January 1, 2025. (The previous cap for wrongful death cases was $300,000.)
- The new cap applies to claims filed on or after January 1, 2025, and before January 1, 2026, or any claim for relief that accrues on or after January 1, 2025.
- Inflations adjustment on January 1, 2028, calculated from 2025.
- Cap adjusts every two years after that on January 1 and applies to claims that accrue on or after the adjustment date.
Additionally, this bill expands the claimants in wrongful death cases, now allowing the victim’s siblings and sibling’s heirs to file a lawsuit on behalf of the deceased victim.
Medical Malpractice (which includes most cases against nursing homes): Non-Economic Damage Caps
Increase non-economic damages cap to $875,000.
- The five-year phase will increase by $115,000 per year until January 1, 2029.
- The first increase to $415,000 applies to claims filed on or after January 1, 2025, and before January 1, 2026, or any claim for relief that accrues on or after January 1, 2026.
- The subsequent January 1 adjustment phase applies to claims that accrue on or after the adjustment date.
- First inflation adjustment on January 1, 2030, calculated from 2028.
- It adjusts for inflation every two years after January 1, which applies to claims that accrue on or after the adjustment date.
Wrongful Death Damage Cap
- Increase wrongful death cap to $ 1,575,000. (The previous cap for wrongful death cases was $300,000.)
- The five-year phase will increase by $255,000 annually until January 1, 2029.
- The first increase to $555,000 applies to any claim for relief accruing on or after January 1, 2026.
- The subsequent January 1 adjustment phase applies to claims that accrue on or after the adjustment date.
- The first inflation adjustment was on January 1, 2030, calculated from 2028.
- It adjusts for inflation every two years after that, on January 1, and applies to claims that accrue on or after the adjustment date.
- The soft cap is 125% of wrongful death damages after wrongful death damages exceed $1 million.
Additionally, this bill expands the claimants in wrongful death cases, now allowing the victim’s siblings and sibling’s heirs to file a lawsuit on behalf of the deceased victim.
Partner with Experienced Personal Injury Attorneys in Colorado
While we hope you never need us, if you or someone you love has been injured or lost their life to negligence, contact our skilled personal injury lawyers in Denver at Donaldson Law, LLC by calling (720) 458-5000 or contact us online to schedule a free, confidential consultation to discuss your case and seek justice by holding the liable party—or combination of parties—accountable for your damages.