Principle Attorney
After an accident, you might assume that if someone else caused your injuries, they should be responsible for your medical bills, lost wages, pain, stress, and more. But in Colorado, there’s a legal limit to how much you can recover for certain kinds of losses. These are called caps on damages, and they can significantly impact the outcome of your personal injury case.
If you’re considering filing a personal injury claim in Denver, it’s essential to understand how these caps work — and how they could affect your financial recovery.
What Are Economic and Non-Economic Damages?
Personal injury compensation is generally divided into two categories: economic and non-economic damages.
- Economic damages cover measurable financial losses, like:
- Medical expenses
- Lost income or reduced earning capacity
- Physical therapy, rehabilitation, and future care needs
- Property damage (e.g., car repairs)
These are based on real bills, pay stubs, and estimates, and there is no cap on how much you can recover for these in Colorado.
- Non-economic damages compensate intangible losses:
- Pain and suffering
- Emotional distress
- Anxiety or PTSD after the accident
- Loss of enjoyment of life
- Impacts on relationships or quality of life
These types of losses are very real, but they’re also more subjective, which is where damage caps come in.
What Is the Cap on Non-Economic Damages in Colorado?
Colorado law (CRS § 13-21-102.5) places a limit on how much money an injured person can recover for noneconomic damages in most personal injury claims. These caps are set by statute and periodically adjusted for inflation.
As of January 1, 2025, the cap on noneconomic damages in personal injury cases is $1,500,000. This applies to most cases involving physical injuries caused by negligence, including car accidents, falls, construction site accidents, and other similar incidents.
Are There Any Exceptions to the Cap?
In some cases, the cap may not apply, or the court may allow a higher recovery. For example:
- Permanent disability or disfigurement may fall outside of the cap.
- In rare cases, if there’s clear and convincing evidence, the court may increase noneconomic damages beyond the usual limit.
- Wrongful death and medical malpractice cases have separate caps with different thresholds.
It’s also worth noting that economic damages, such as hospital bills and lost income, remain uncapped, no matter how high they get.
How Do These Caps Affect My Case?
Even if a jury awards more than $1.5 million in noneconomic damages, a judge will reduce the award to match the statutory cap (unless an exception applies). This can be surprising and frustrating for injury victims, especially when emotional and physical suffering is severe.
That’s why it’s so important to:
- Fully document economic losses like lost wages and medical expenses
- Build strong evidence for your pain and emotional trauma, including therapy records, mental health diagnoses, and personal impact statements.
Your total compensation depends not just on what happened to you, but also on how your case is presented and supported.
Work With an Experienced Personal Injury Lawyer
At the Law Offices of Dianne Sawaya, we’ve handled personal injury cases throughout Denver and know how to account for Colorado’s damage caps. We fight hard to maximize both your economic and non-economic compensation, and we understand how to present emotional injuries in a way that courts and insurers take seriously.
Whether you’re negotiating a settlement or preparing for trial, legal strategy matters. Knowing the cap is just one piece of the puzzle, getting everything you’re entitled to is another. That’s where our personal injury lawyers come in. Trust us to fight for the maximum compensation you need and deserve. Book a free consultation today.