Colorado Law

Colorado Noneconomic Damage Caps

Colorado caps noneconomic damages (pain and suffering, emotional distress, loss of enjoyment of life) at approximately $642,180 for most personal injury cases. This cap is adjusted for inflation and can be increased to approximately $1 million with clear and convincing evidence. Understanding these caps is essential for evaluating your case.

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The Cap Amount

Under C.R.S. § 13-21-102.5, noneconomic damages in Colorado personal injury cases are capped at approximately $642,180 (as of 2024, adjusted for inflation from the original $250,000 set in 1986). The court may increase this cap to approximately $1,070,000 upon a finding of clear and convincing evidence justifying the increase.

What Counts as Noneconomic Damages?

Pain and suffering
Emotional distress
Loss of enjoyment of life
Inconvenience
Disfigurement
Impairment of quality of life

What Is NOT Capped

Economic damages (medical bills, lost wages, future medical costs) have no cap
Punitive damages (capped separately at the amount of actual damages)
Wrongful death solatium damages have separate rules

Medical Malpractice Cap

Medical malpractice cases have a separate total damages cap of approximately $1 million, with no more than approximately $300,000 attributable to noneconomic damages (C.R.S. § 13-64-302).

Frequently Asked Questions

The cap applies per case, not per defendant.

The court can increase the cap to approximately $1 million with clear and convincing evidence. This is decided by the judge, not the jury.

Wrongful death damages have separate rules under C.R.S. § 13-21-203. The noneconomic cap applies to the survival action portion.