Colorado PI Reference
Colorado Damage Caps (2025 Update)
Colorado's non-economic damage caps changed significantly in 2025. This guide walks through the new numbers, how they apply to different claim types, and the statute sections you can cite when adjusters or opposing counsel challenge your demand.
Why the 2025 overhaul matters
Dealing with a personal injury claim is stressful enough without the added anxiety of guessing what a jury can actually award. Colorado's cap system has always made that calculus complicated, and for years plaintiff attorneys argued that the statutory limits no longer matched real-world costs. House Bill 24-1472 directly responds to that pressure, modernizing the caps for cases filed on or after January 1, 2025 and stripping away the old patchwork of inflation adjustments that lagged behind the economy.[1][2]
The law leaves economic damages untouched—medical bills, wage loss, and other provable hard costs remain uncapped in most personal injury matters.[3] The real movement is on non-economic compensation: pain, suffering, emotional distress, inconvenience, and loss of enjoyment of life. These intangible losses now follow a higher statewide ceiling with built-in inflation indexing so attorneys no longer have to cross-check a Department of Regulatory Agencies bulletin every two years.[1]
General noneconomic caps for civil actions
For civil actions filed on or after January 1, 2025, the noneconomic cap increases to $1,500,000.[1][2] Pre-2025 incidents continue to use the legacy cap ($729,790 for claims accruing on or after January 1, 2020), but the statute’s “clear and convincing” doubling provision is repealed moving forward, so the higher baseline is now the ceiling.[1][3]
HB24-1472 phases in biennial inflation adjustments beginning January 1, 2028. The Secretary of State will publish the updated figures every two years, removing the need for litigation teams to chase uncodified regulatory notices.[2]
Practice note
The 2025 cap applies based on the filing date through the end of 2025. Starting January 1, 2026, new cases only receive the $1.5M figure if the cause of action accrued on or after January 1, 2025.[2] Expect a wave of filings at the start of 2025 as firms hold late-2024 matters until the higher limit is available.
Wrongful death claims
Wrongful death caps jumped to $2,125,000 for filings on or after January 1, 2025, with the same biennial inflation escalator beginning in 2028.[1][2]Felonious killings remain uncapped.[4]
HB24-1472 also broadens standing. If there is no surviving spouse, heir, designated beneficiary, or parent (in the case of an unmarried decedent without descendants), siblings may now bring the claim—closing a significant gap for family members who previously had no recourse.[1][4]
Eligibility otherwise follows the traditional timeline: the spouse has priority during the first year; heirs or a designated beneficiary can file afterward; and in limited circumstances both parents of an unmarried decedent may sue, with courts empowered to apportion any recovery.[4]
Medical malpractice limitations
Colorado’s total medical malpractice damages cap remains at $1,000,000, but the noneconomic portion is now on a five-year escalator starting January 1, 2025: $415k (2025), $530k (2026), $685k (2027), $820k (2028), and $875k (2029).[1][2][5]Wrongful death medical malpractice cases follow a parallel schedule that tops out at $1,575,000 by 2029.[2]
Economic losses can still exceed the $1,000,000 total cap if the court finds good cause—for example, lifetime care plans for catastrophic injuries.[5] The statute retains Colorado’s certificate-of-review requirement and the two-year limitations period (with discovery rule exceptions), so make sure intake teams calendar both the medical review and filing deadlines early.
Dram shop and social host liability
Third-party alcohol cases remain capped separately from general PI claims. The dram shop statute limits recovery against licensed establishments to $150,000 per injured person when the defendant served a visibly intoxicated adult or a minor.[6] The Department of Revenue publishes periodic CPI-based adjustments (e.g., $368,220 for incidents in 2024 and $412,020 scheduled for 2025), so verify the applicable year before finalizing demands.[2]
Punitive damages
Exemplary (punitive) damages in Colorado generally cannot exceed the amount of actual damages awarded.[7] Courts may increase the punitive award up to three times the compensatory figure if the defendant’s conduct was willful and wanton during the litigation or if repeated egregious behavior occurs after the suit is filed.[7] Keep the higher punitive ceiling in mind when assessing whether to pursue bad-faith conduct or egregious fact patterns alongside the revamped non-economic cap.
How the calculator incorporates caps
Both the quick and full Colorado PI calculators reference this statutory framework. The tool pulls the appropriate cap based on:
- Incident date (to distinguish pre- and post-2025 rules)
- Claim type (general PI, wrongful death, medical malpractice, dram shop)
- Comparative fault inputs to determine the post-fault range
- Government entity status or CGIA notice flags (to keep separate sovereign caps in view)
Whenever you download the PDF report, the cap that controls the estimate is called out in the settlement summary with the statutory citation so you can include it with demand letters or mediation briefs.
Need a refresher on comparative negligence or statutes of limitation? Check the calculator overview or our dedicated negligence and SOL reference pages.