In a major legal shift, Colorado has recently updated the cap on non-economic damages in wrongful death cases. This change to the Colorado wrongful death cap significantly increases the potential value of settlements and will have notable positive impacts on victims’ families.
Here, we’ve detailed the changes to Colorado’s non-economic damages cap and outlined the potential impacts of this update:
Key Changes to Colorado Damage Cap Laws
On January 1, 2025, Colorado’s wrongful death damages cap for non-economic damages rose from $679,990 to $2.125 million. This amount was altered by House Bill 24-1472 and applies to all cases filed on or after January 1, 2025.
The amount of possible damages awarded will increase after 2028. Starting that year, the change takes place on a biennial basis and aims to keep wrongful death damage caps in line with economic realities.
In addition to raising the maximum cap amount, House Bill 24-1472 changed who is eligible to file a wrongful death suit. Previously, these claims were reserved for spouses and descendants of the victim(s). Now, siblings are also allowed to file these claims and seek economic restitution for the loss of their brother or sister.
Colorado’s Wrongful Death Cap Explained
A wrongful death cap, or a damages cap, is a limit on the amount of compensation one can receive from a claim. These limits are intended to reduce the financial strain on defendants, but can just as easily prevent victims from getting proper compensation.
Damage caps apply to specific subcategories within a personal injury or wrongful death claim. Non-economic damages, economic damages, and total damages all have their own distinct limits. The recent updates to the Colorado wrongful death cap primarily apply to non-economic damages.
What Are Non-Economic Damages?
Non-economic damages are non-monetary losses that are difficult to quantify. They are often referred to as “pain and suffering” damages, though that term does not cover the full scope of non-economic damages. Some common examples of them include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment
- Loss of companionship
- Disfigurement
- Reputational damage/public embarrassment
In the case of a wrongful death claim, loss of companionship, pain and suffering, and emotional distress are the most commonly cited non-economic damages.
Expected Impact of Colorado Wrongful Death Cap Increases
We believe that the impacts of this bill will be largely positive. The increased limit to damage finally recognizes the powerful effects of non-economic damages and compensates victims properly for their suffering. Additionally, a higher limit could encourage the families of wrongful death victims to bring their claims forward, rather than suffer in silence.
Ultimately, this law is beneficial for victims’ families and gives them a chance to receive greater compensation for their tragic loss.
Need to File a Claim? Call McDivitt Law
At McDivitt Law, we have more than 50 years of experience helping people recover the maximum possible compensation for wrongful death claims. Now, thanks to these damage cap increases, we can fight for even greater settlements on behalf of our clients.
If you’ve tragically lost a loved one and believe it was a wrongful death, don’t hesitate to call us. Reach out today for a free consultation to learn how our Colorado wrongful death attorneys can help you navigate your claim and secure compensation.
