By: Adam Smestad, Black Blink & Associates, 719-328-1616
One of the most misunderstood parts of a Colorado personal injury case is the concept of “noneconomic damages caps.” Many injured people are surprised to learn that Colorado personal injury law limits how much a jury can award for pain and suffering in many cases — even when the injuries are severe.
What Are Noneconomic Damages?
Noneconomic damages refer to losses that do not come with a direct bill or receipt. These damages include pain and suffering, emotional distress, inconvenience, loss of enjoyment of life, and impairment to quality of life.
How Do Noneconomic Damage Caps Work?
Historically, Colorado imposed relatively low caps on noneconomic damages in ordinary injury cases. However, the law changed significantly beginning in 2025.
For most civil actions filed on or after January 1, 2025 – including general personal injury claims – the cap on noneconomic damages increased to $1.5 million, subject to future inflation adjustments.
Medical malpractice and wrongful death claims remain governed by separate statutory limitations.
Importantly, the cap applies only to noneconomic damages — not economic damages. Economic damages include measurable financial losses such as medical bills, lost wages, loss of earning capacity, and future medical expenses. Colorado law also specifically states that damages for physical impairment and disfigurement are not subject to the ordinary noneconomic damages cap.
How Are These Caps Impacted by Jury Verdicts?
Juries are generally not told about the damages cap during trial. Instead, the jury renders its verdict, and the court later reduces the award if necessary to comply with the statutory limitation.
Take Aways
Damages caps can have a major impact on the value and strategy of a personal injury case. In cases involving catastrophic injuries, permanent pain, or significant emotional suffering, understanding how Colorado’s statutory caps operate is critical to evaluating settlement value and trial risk. An experienced Colorado personal injury attorney can help determine which caps apply — and whether exceptions or additional categories of damages may substantially increase the recoverable value of a claim.
If you have questions about a Colorado injury claim, we’re happy to talk through your situation and help you understand your options. Call Black, Blink, & Associates LLC at 719-694-0578 now for a free consultation.
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