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ARTICLE · 10 JULY 2024

Personal Injury, Wrongful Death Damage Caps Raised

Wilson Elser Moskowitz Edelman & Dicker LLP
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On June 3, 2024, Colorado House Bill 24-1472 was approved by Colorado Gov. Jared Polis (D). The bill increases the cap on noneconomic damages, wrongful death damages and medical malpractice damages.

United StatesLitigation, Mediation & Arbitration

On June 3, 2024, Colorado House Bill 24-1472 was approved by Colorado Gov. Jared Polis (D). The bill increases the cap on noneconomic damages, wrongful death damages and medical malpractice damages. The new law also allows siblings of the deceased to bring a wrongful death action under certain circumstances.

Colorado's statutory damages caps were previously increased effective Jan. 1, 2020, when Gov. Polis signed Senate Bill 19-109 into law to account for inflation after caps were last adjusted in 2008.

The new cap amounts for suits filed on or after Jan. 1, 2025, are as follows:

  • For Noneconomic Loss or Injury: $1,500,000. See C.R.S., § 13-21-102.5(3)(a)(II) (This is an increase from the previous cap of $729,790 and $1,459,600.)

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