Colorado Personal Injury Law Resources

Colorado personal injury law underwent its most significant changes in decades when House Bill 24-1472 took effect on January 1, 2025, dramatically increasing the caps on non-economic and wrongful death damages. These changes, combined with Colorado's modified comparative negligence system and split statute of limitations framework (different deadlines for auto vs. non-auto cases), create a legal landscape that every injured person in the state should understand. Whether you were injured in a car crash on I-25 or a slip-and-fall at a ski resort, knowing these rules is essential to protecting your right to fair compensation.

Colorado Personal Injury Statute of Limitations

Colorado uses different statutes of limitations depending on the type of personal injury case, which makes it especially important to identify the correct deadline early.

General personal injury (non-vehicle): Most personal injury cases based on negligence including slip-and-fall, dog bites, premises liability, and general negligence must be filed within two years from the date of injury under Colorado Revised Statutes § 13-80-102(1).

Motor vehicle accidents: Lawsuits arising from the use or operation of a motor vehicle carry a three-year statute of limitations from the date of the accident. This extended deadline applies to car crashes, truck accidents, motorcycle collisions, and other vehicle-related injury claims.

Wrongful death: Colorado allows a wrongful death action to be filed within two years from the date of death.

Discovery Rule and Tolling

Colorado recognizes a discovery rule that can delay the start of the limitations period. When an injury is not immediately apparent, the statute may begin running from the earlier of: the date the injury was actually discovered, or the date the injury should have been discovered through reasonable diligence.

Tolling for minors: If the injured person is a minor, the statute of limitations does not begin running until the child turns 18. At that point, the applicable deadline (two or three years depending on case type) begins.

Medical Malpractice

Medical malpractice claims in Colorado must be filed within two years of the negligent act under CRS § 13-80-102.5(1). The discovery rule applies, but Colorado imposes a hard three-year statute of repose meaning no lawsuit can be filed more than three years after the malpractice occurred, even if the injury was not yet discovered. A special exception exists for children under age six who are injured by medical malpractice.

Government Claims (CGIA)

Claims against government entities in Colorado are governed by the Colorado Governmental Immunity Act (CGIA). The CGIA provides sovereign immunity to government agencies and employees, with limited exceptions including motor vehicle operation by government employees, dangerous conditions of public facilities, and operation of public hospitals and jails.

Before filing a lawsuit, claimants must provide written notice within 182 days of the incident to the Attorney General (for state claims) or the governing body of the local entity. After providing notice, you must wait 90 days or until the claim is denied, whichever comes first, before filing suit.

Colorado Modified Comparative Negligence

Colorado follows a modified comparative negligence rule under CRS § 13-21-111. If you are found partially at fault for the accident, your damages are reduced by your percentage of fault. However, if you are found to be 50% or more at fault, you are completely barred from recovering any compensation.

This is sometimes referred to as the 50% bar rule. Importantly, under the statute's language, the plaintiff's negligence must be less than the defendant's negligence if the plaintiff's fault is "equal to or greater than" the defendant's, the court enters judgment for the defendant.

In multi-defendant cases, the plaintiff's percentage of fault is compared against the combined negligence of all defendants. As long as the plaintiff's share remains below 50%, recovery (reduced proportionally) is permitted.

Insurance companies in Colorado frequently use comparative negligence as a strategy to reduce settlement offers or deny claims entirely, making strong evidence collection and documentation critical from the outset.

Colorado Personal Injury Damage Caps Major 2025 Changes Under HB 24-1472

Colorado has historically imposed caps on non-economic damages in personal injury cases. On June 3, 2024, Governor Jared Polis signed House Bill 24-1472, which dramatically increased these caps effective January 1, 2025. This legislation represents the most significant change to Colorado's damages framework in decades.

Non-Economic Damages (Pain and Suffering)

Before 2025: The non-economic damage cap for claims accruing after January 1, 2020 was approximately $613,760 (with the possibility of increasing to roughly double that amount if the court found justification by clear and convincing evidence).

Effective January 1, 2025: The cap on non-economic damages for personal injury cases jumps to $1,500,000 for civil actions filed on or after January 1, 2025. Beginning January 1, 2028, and every two years thereafter, the cap will be adjusted for inflation based on the Denver-area Consumer Price Index.

The new cap applies based on the filing date of the lawsuit, not the date the injury occurred. This means that plaintiffs whose injuries occurred before 2025 can benefit from the higher cap by filing their lawsuit on or after January 1, 2025, as long as the statute of limitations has not expired.

If permanent physical impairment is present, there is no cap on non-economic damages.

Wrongful Death Damages

Before 2025: The wrongful death non-economic damage cap was approximately $571,870.

Effective January 1, 2025: The cap increases to $2,125,000, with biennial inflation adjustments beginning in 2028. HB 24-1472 also expanded the parties who may bring a wrongful death action to include siblings of the deceased in certain circumstances.

If the death resulted from a felonious killing, no damage caps apply.

Medical Malpractice Damages

Medical malpractice damage caps in Colorado are increasing on a phased schedule under HB 24-1472, based on the date of the negligent act:

The non-economic damage cap for medical malpractice starts at $555,000 in 2025 and increases incrementally each year, reaching $875,000 by 2029. Wrongful death medical malpractice caps follow a parallel schedule, starting at $550,000 in 2025 and reaching $1,575,000 by 2029. After 2029, both caps will be adjusted biennially for inflation.

Economic damages (medical bills, lost wages, future care costs) remain uncapped in both general personal injury and medical malpractice cases.

Punitive Damages

Colorado law limits punitive damages so they generally may not exceed the amount of actual (compensatory) damages awarded. However, the court may allow punitive damages up to three times the compensatory damages if it finds the defendant continued or repeated the harmful conduct, or if the conduct was directed specifically at a particularly vulnerable victim.

Other Special Caps

Dram shop (liquor liability): Total liability for claims against licensed alcohol sellers is capped at approximately $437,880 (for 2024–2025 claims), subject to periodic adjustment.

Colorado Auto Insurance Requirements

Colorado is an at-fault (tort) state. The state previously operated under a no-fault system but switched to tort-based insurance. The at-fault driver's insurance is responsible for paying the injured party's damages.

Colorado's mandatory minimum auto liability insurance is 25/50/15:

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $15,000 per accident for property damage

Colorado does not require uninsured/underinsured motorist (UM/UIM) coverage, but insurers must offer it. Given that accidents can easily exceed minimum policy limits especially in a state with significant mountain driving hazards, hailstorms, and rapidly growing urban traffic higher coverage levels are strongly recommended.

Colorado ranks among the higher-cost states for auto insurance, with average annual premiums well above the national average, driven by extreme weather, population growth, and mountain driving conditions.

Colorado is a diminished value state, meaning drivers can recover the loss in their vehicle's resale value even after full repairs, by filing a claim against the at-fault driver's insurance.

Where to File a Personal Injury Case in Colorado

Personal injury lawsuits in Colorado are filed in District Court for claims of $25,000 or more, or County Court for claims under $25,000. Cases are typically filed in the county where the defendant resides, where the defendant does business, or where the injury occurred.

Common Types of Personal Injury Cases in Colorado

Colorado's geography and lifestyle create unique patterns of personal injury litigation. Common case types include motor vehicle accidents (particularly along I-25, I-70, and mountain highways), trucking collisions, motorcycle crashes, bicycle accidents, pedestrian injuries, ski and snowboard injuries, premises liability (including slip-and-fall on ice and snow), dog bites, construction site accidents, medical malpractice, product liability, and wrongful death.

Colorado also sees significant litigation involving dram shop claims against bars and restaurants that over-serve intoxicated patrons, rideshare accidents, wildfire-related property damage, and recreational injuries on public lands. Workplace injuries are common in industries like construction, oil and gas, and agriculture, though these are typically handled through workers' compensation.

This page provides general legal information about Colorado personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in Colorado to discuss the specific facts of your case.