For all of my legal career—and much of my life—injury damage caps have been a recurring issue at the statehouse. In 1986, Colorado implemented significant tort reform measures through the passage of the Colorado Tort Claims Act, which aimed to limit the scope of personal injury lawsuits and damages in the state. Since then, there has been a gradual increase in damage caps, leading to a complex and varied array of available limits. (See Secretary of State adjustments for damages https://bit.ly/4bdBtAS)
In the 2024 legislative session, HB24-1472 was passed and signed into law by Governor Jared Polis. (The full text of the bill can be found here: https://bit.ly/4k9ElTl) The lead-up to the enactment of HB24-1472 reignited the ongoing debate over damage caps. Proponents argue that these limits are essential for preventing excessive jury awards and ensuring stability in insurance markets. Critics, however, contend that caps inherently restrict justice for victims, particularly those with extraordinary circumstances. HB24-1472 attempts to strike a balance by substantially increasing caps while ensuring a consistent damages structure now and into the future. This legislation, effective January 1, 2025, introduces significant changes to statutory damage caps. The adjustments aim to reduce future legislative battles over caps by subjecting them to periodic inflation-based increases.
Key Changes Under HB24-1472
HB24-1472 implements several major changes. It significantly raises caps on non-economic damages in general personal injury cases, medical malpractice cases, and wrongful death claims. The legislation also expands the standing for wrongful death claims by allowing siblings to bring actions under certain circumstances. Furthermore, beginning January 1, 2028, all damage caps will be adjusted biennially for inflation, ensuring they remain aligned with economic conditions.
Changes to Damage Caps
One of the most significant aspects of HB24-1472 is the substantial increase in damage caps for non-economic losses. The previous cap of $642,100 will rise to $1.5 million for general tort cases. Similarly, wrongful death caps will increase from approximately 600,000 to $2,125,000. Beginning January 1, 2028, and biennially thereafter, these caps will be adjusted for inflation.
The statute also revises the framework for medical malpractice claims. Previously, the cap for non-economic damages stood at $300,000. Under HB24-1472, this will increase incrementally until reaching $875,000 by 2030. The caps increase as follows:
January 1, 2025 – January 1, 2026: Noneconomic damages $415,000;
January 1, 2026 – January 1, 2027: Noneconomic damages $530,000;
January 1, 2027 – January 1, 2028: Noneconomic damages $645,000;
January 1, 2028 – January 1, 2029: Noneconomic damages $760,000;
January 1, 2029 – January 1, 2030: Noneconomic damages $875,000.
For wrongful death claims resulting from medical malpractice, the cap will similarly rise to $1.575 million over the same period. The caps increase as follows:
January 1, 2025 – January 1, 2026: Damages $550,000;
January 1, 2026 – January 1, 2027: Damages $810,000;
January 1, 2027 – January 1, 2028: Damages $1,065,000;
January 1, 2028 – January 1, 2029: Damages $1,320,000;
January 1, 2029 – January 1, 2030: Damages $1,575,000.
After January 1, 2030, all medical malpractice damage caps will be subject to biennial inflation adjustments, reflecting a legislative effort to align compensation limits with economic realities.
Accrual of Damage Caps
A key transitional provision of HB24-1472 applies the new caps to all civil actions filed in 2025, regardless of when the underlying incident occurred. Starting January 1, 2026, however, the enhanced caps will apply only to claims arising from incidents occurring on or after January 1, 2025. This provision is expected to result in a surge of filings in 2025 as plaintiffs seek to benefit from the broader applicability of the new limits.
I reached out to the Colorado Judicial Branch for data on civil filings in early 2025 to compare with 2024 figures. As of this writing, I have not received a response.
A likely constitutional challenge may arise regarding the retroactive application of increased caps to pre-2025 incidents. The question of whether such a provision is legally permissible remains
Practice Tip: When to File a Claim in 2025
Plaintiff attorneys should carefully decide whether to file a claim in 2025 for an injury that happened in 2024, especially if the statute of limitations extends to 2026 or 2027.
For example, if a plaintiff was injured in 2024 and has until 2027 to file a lawsuit, filing in 2025 could be beneficial because new damage caps may allow for a higher recovery. However, this could also lead to legal challenges over the constitutionality of those new caps.
If the plaintiff’s potential damages are already close to the 2024 cap—such as $1,459,600 for non-economic damages when supported by clear and convincing evidence—it might be safer to file under the 2024 rules to avoid legal uncertainty.
Attorneys should weigh the benefits of higher damage caps against the risk of legal complications before deciding when to file.
Notable Exclusions in HB24-1472
HB24-1472 does not appear to modify solatium damages, which for 2025 remain at $135,990. Additionally, the law eliminates the ability to double non-economic damages in personal injury cases by clear and convincing evidence under Colo. Rev. Stat. § 13-21-102.5(3)(a)(I). The maximum cap for non-economic damages will be capped at $1,500,000.
Wrongful Death Claimants
The law expands the class of individuals eligible to bring wrongful death claims. Previously, if a deceased individual had no children, no surviving parents, and had not designated a beneficiary, no wrongful death claim could be brought. Effective January 1, 2025, siblings of the deceased may bring a wrongful death claim under these circumstances. However, the statute is silent on whether siblings may bring a claim if the deceased had surviving children, parents, or a designated beneficiary who chose not to pursue legal action. Courts will likely interpret the statute in a manner that harmonizes with Colo. Rev. Stat. § 13-21-201, potentially allowing siblings to file claims in these situations. Any damages awarded would likely be divided according to intestacy laws or a widow’s share if a surviving spouse chose not to file a claim.
Implications of HB24-1472
The implications of these changes are far-reaching. For plaintiffs, the increased caps provide greater opportunities for equitable compensation, particularly in cases of catastrophic injury or loss. The inclusion of siblings in wrongful death claims expands access to justice for families. For defendants, including businesses and individuals, expanded liability exposure may necessitate increased insurance coverage, potentially leading to higher operational costs. The legal community will also need to adapt, as plaintiff attorneys will likely pursue larger compensation while defense attorneys refine litigation strategies to counter these claims. Evaluating the impact of sibling-brought wrongful death claims may require additional legal scrutiny.
The anticipated rise in filings during 2025 may also strain Colorado’s judicial system. Defendants, insurers, and plaintiffs may consider tolling agreements while assessing the broader effects of these changes.
Conclusion
HB24-1472 marks a significant shift in Colorado’s approach to damage caps in personal injury and wrongful death cases. By raising caps and implementing inflation adjustments, the law aims to create a fairer balance between compensatory justice and economic stability. There is no doubt that these changes will provide new opportunities for injured individuals to seek the compensation they deserve.
