Posted on January 22, 2007 by Mac Hester

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.

Tags: ,
Posted on January 19, 2007 by Mac Hester

Collateral Sources in Colorado

At common law, compensation paid to the injured person from a collateral source, independent of the tortfeasor, did not reduce the damages owed by the tortfeasor.

Now, by statute (C.R.S. 13-21-111.6), the trial court will reduce the verdict by the amount of collateral sources - except that the verdict cannot be reduced by compensation paid to the plaintiff as a result of a contract entered into and paid by or on behalf of the plaintiff. Quite often this "contract exception" swallows up the general rule of the statute, as shown in the cases below.

Continue Reading...
Tags: , , , ,