On June 3, 2024, Colorado Governor Jared Polis signed into law House Bill 24-1472, a landmark piece of legislation that significantly increases the cap on non-economic damages for catastrophic injuries and wrongful deaths in Colorado.
This long-awaited change marks a critical step forward for those who have suffered catastrophic injuries or for families seeking justice in the wake of losing a loved one. Previously, outdated and restrictive caps limited the compensation available to injured victims and grieving families, making it difficult for them to receive the full measure of justice they deserved.
Increased Caps for Non-Economic Damages to Injured Persons
In Colorado, if you are injured because someone else was negligent, you can make a claim for non-economic damages. Non-economic damages include pain, suffering, and loss of enjoyment of life that an individual suffers because of those injuries. Colorado began to cap the amount personal injury claimants could receive for non-economic damages in the mid-eighties to $250,000.00.[1] This cap applies to everyone, regardless of the facts or circumstances of the individual case. This arbitrary cap greatly marginalized the impact catastrophic injuries have on a victim’s quality of life.
For injuries occurring on or after January 1, 2025, the cap has been raised to $1,500,000.00.[2] Another important aspect of the bill is the inclusion of an inflation adjustment, ensuring that the caps will increase every two years, starting in 2028. Importantly, there is a small period of time when the new damages cap may be applicable to unresolved personal injury cases for individuals injured prior to January 1, 2025.
Please contact Dulin McQuinn Young to learn more about the important timing involved in those claims.
Increased Caps for Wrongful Death Damages
One of the most notable provisions of the new legislation is the substantial increase to the cap on wrongful death damages.
Non-economic wrongful death damages include things like grief and loss of companionship. Non-economic damages for a wrongful death claim were capped at $250,000.00.[3] With House Bill 24-1472, that cap has been raised to $2,125,000 for wrongful deaths occurring on or after January 1, 2025.[4] This increase reflects the state’s recognition of the profound impact a wrongful death can have on surviving family members and the need to provide better compensation for the loss of a loved one.
Additionally, the law now allows siblings and heirs of siblings of a decedent to bring wrongful death claims in certain circumstances, expanding the scope of who is eligible to seek justice for the death of a loved one. The new increase in wrongful death non-economic damages will increase for inflation every two years starting in 2028. Importantly, there is a small period of time when the new damages cap may be applicable to unresolved personal injury cases for individuals injured prior to January 1, 2025.
Please contact Dulin McQuinn Young to learn more about the important timing involved in those claims.
Increased Caps for Medical Malpractice Damages
Starting January 1, 2025, the cap on non-economic damages for injuries sustained because of medical malpractice, currently capped at $300,000, will increase incrementally to $875,000 over a five-year period. The new increase in non-economic damages to those injured by medical malpractice will increase for inflation every two years starting in 2030.
Also starting on January 1, 2025, the new law will gradually raise the cap on wrongful death non-economic damages in medical malpractice cases to $1,575, 000 over five years. The new increase in non-economic damages for wrongful deaths because of medical malpractice will increase for inflation every two years starting in 2030.
The Impact of Outdated Caps
For decades, Colorado’s damages caps have prevented those injured or the families of those killed through negligence from being adequately compensated. Caps place arbitrary limits on how one can be compensated for non-economic damages. The reality is that every case is different.
Personal injury claimants should be allowed to present their case to a jury, have a jury hear the evidence, and ensure that any verdict they receive for non-economic damages is not taken away post-verdict by an arbitrary cap. The new legislation better ensures that personal injury claimants receive a full and just verdict.
Caps also diminish the deterrent effect of civil litigation. By limiting the financial consequences associated with negligent conduct, irresponsible parties have been allowed to avoid full accountability for their actions. Conduct rewarded is conduct repeated. The increase in caps ensures a safer Colorado.
Kari Jones Dulin’s Role in Securing Change
The passage of House Bill 24-1472 would not have been possible without the tireless advocacy of the Colorado Trial Lawyers Association (CTLA), led by attorney Kari Jones Dulin during her tenure as President. CTLA worked relentlessly to ensure that these long-overdue changes were made. Kari’s efforts, along with executive director Julie Whitacre, Jim Puga, and CTLA’s lobbyists, Headwater Strategies, helped to guide negotiations.
These negotiations ultimately led to an agreement that would raise the damages caps in lieu of a costly ballot initiative. We thank the CTLA for ensuring a more just and fair legal landscape for injured victims and families suffering after the wrongful death of a loved one.
A New Era for Justice in Colorado
The increase in damage caps represents a new era for civil justice in Colorado. Those who have suffered the loss of a loved one or have been catastrophically injured because someone broke the law will now receive compensation that more accurately reflects their losses. With these changes, Colorado is moving toward a more equitable system where victims’ rights are respected, and negligent parties are held fully accountable.
At Dulin McQuinn Young, LLP we are proud of Kari Jones Dulin’s leadership in this historic moment. We believe these changes will make a lasting impact on the lives of families across the state, giving them a better chance to seek the justice they deserve in times of profound loss.
Contact our firm today if you have been injured or suffered the loss of a loved one through the negligence of another.
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[1] The cap for non-economic damages for injured persons increased for inflation in 1998, 2008, 2020, 2022, and 2024. The cap for non-economic damages for claims that accrued after January 1, 2024 was $729,790.
[2] This cap increase does not apply to non-economic damages suffered because of medical negligence.
[3] The cap for non-economic damages for injured persons increased for inflation in 1998, 2008, 2020, 2022, and 2024. The cap for non-economic damages for claims that accrued after January 1, 2024 was $679,990.
[4] This cap increase does not apply to non-economic damages for wrongful deaths suffered because of medical negligence.