Colorado Gov. Jared Polis on Monday signed a law that will increase statutory caps on noneconomic damages for wrongful death and injury claims, as part of a deal to avoid a ballot-box fight between medical providers and personal injury lawyers.
Under the new law and for claims filed on or after Jan. 1, 2025, noneconomic damages for general liability claims will be capped at $1.5 million, up from $729,000, while the new limit for wrongful death claims will be $2.125 million, compared to the current limit of about $642,000. Adjustments will be made for inflation every two years, according to the Colorado Trial Lawyers Association (CTLA).
The law also raises separate noneconomic damages limits for injury and death claims stemming from medical malpractice over a period of five years. By 2029, the cap for injuries caused by a healthcare professional will increase to $875,000, and $1.575 million for wrongful death claims, up from the current limit of $300,000.
The CTLA proposed initiatives in January that, if approved by voters, would have done away with limits on noneconomic damages for injury and death, including claims stemming from medical malpractice. The group also sought to expand the medical records that patients can access following an incident that caused or could have caused injury or death.
