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Limitation on Damages and Damage Caps

What You Should Know About Damage Caps in Colorado

In Colorado, certain types of damages are limited by law. Below is a brief summary of some of the limitations that may arise in a personal injury case.

Non-Economic Damages in General

This category of damages includes things like physical pain, inconvenience, and emotional suffering. These damages are generally caped as follows:

  • For accidents before January 1, 1998: $250,000 which may be increased to $500,000 by the court upon a showing of clear and convincing evidence for the increase.
  • For accidents between January 1, 1998 and January 1, 2008: $366,250 which may be increased to $732,500 by the court upon a showing of clear and convincing evidence for the increase.
  • Accident after January 1, 2008: $468,010 which may be increased to $936,030 by the court upon a showing of clear and convincing evidence for the increase.

Wrongful Death Cases

There are actually separate damage caps that apply to wrongful death claims. Importantly, there are no limitations on “economic” damages. Non-economic damages for the grief and loss of a loved one are generally capped as follows:

  • For claims that accrue before January 1, 1998: $250,000.
  • For claims that accrue between January 1, 1998 and January 1, 2008: $341,250.
  • Claims that accrue after January 1, 2008: $468,010 which may be increased to $436,070.

Dram Shop Cases

These are generally claims against bars and restaurants that knowingly provide alcohol to an intoxicated person who then injures someone.

  • Pre-January 1, 1998: $150,000.00
  • Between January 1, 1998 and January 1, 2008: $219,750
  • After January 1, 2008: $280,810.00

If you or a loved one has been injured in an accident, please contact us today. The expert attorneys at Fuicelli & Lee have helped hundreds of people who have been hurt by the negligence of others.