Colorado House Bill 24-1472, approved on June 3, 2024, increased statutory damage limitations under C.R.S. §§ 13-21-102.5 (noneconomic losses) and 13-21-203.7 (wrongful death).
For civil actions filed on or after January 1, 2025, other than medical malpractice suits and those filed against health care workers, the total for noneconomic damages cannot exceed $1,500,000. The previous noneconomic damages cap was $613,760 ($729,790 cap when adjusted for inflation). This reflects a significant increase of $770,210. The cap on noneconomic damages under Colorado’s Wrongful Death Act, § 13-21-203.7, filed on or after January 1, 2025, increased to $2,125,000. The previous noneconomic damages cap was $517,870 ($679,990 when adjusted for inflation). This is another substantial jump in the damages cap, reflecting a change of $1,445,010 (when using the previous cap adjusted for inflation) However, this new bill removes the option for Plaintiffs to seek an increase beyond the cap based on clear and convincing evidence.
These new caps will be applied to any suit filed after January 1, 2025, regardless of the date of injury or loss. The caps will be adjusted for inflation periodically, but the Bill requires increases for inflation starting January 1, 2028, and every two years following.
Colorado’s Dram Shop Act, C.R.S. § 44-3-801, has an increased cap of $465,730, which is adjusted for inflation from the statutory increase to $437,880, implemented in 2024.
