Colorado "Caps" on Personal Injury Damages

  • Non-economic damages: $366,250 ($250,000 adjusted for inflation). But can be doubled if "clear and convincing evidence" shown. C.R.S. 13-21-102.5.
  • Punitive damages:  Not to exceed actual damages. C.R.S. 13-21-102.
  • Health care providers:  $1 million present value presumptive total, but may be exceeded for good cause shown if application of the cap is unfair; $300,000 for non-economic damages. C.R.S. 13-64-302.
  • Wrongful death: Economic damages not capped. Non-economic $341,250. C.R.S. 13-21-203.
  • Solatium for wrongful death:   $68,250. Economic damages not capped. C.R.S. 13-21-203.5.
  • Alcohol vendors, hosts:   $219,750. C.R.S. 12-47-801.
  • Ski areas:  $1 million present value; $250,000 non-economic. C.R.S. 33-44-113.
  • Government:  $150,000 per person; $600,000 per incident. C.R.S. 24-10-114.
  • Recreational lands:  $150,000 per person; $600,000 per incident. C.R.S. 33-41-103.
  • Construction professionals:  $250,000. C.R.S. 13-20-806.
  • Volunteers:  Applicable vehicle liability coverage. C.R.S. 13-21-115.5.
  • Reservoirs:  Must carry at least $50,000 per person and $500,000 per incident liability coverage (if so, then certain pesons are immunized). C.R.S. 37-87-104.
  • Damage caused by minor:  $3500. C.R.S. 12-21-107.

NOTE: This is only a summary of certain damage "caps"  and should not be solely relied upon. The applicable statutes must be reviewed carefully, as the statutes contain conditions, qualifications, and exceptions; e.g., the Governmental Immunity Act has a strict 180 day notice requirement that must be formally complied with.

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