Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 24-1197.01 Michael Dohr x4347
HOUSE BILL 24-1472
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING MATTERS RELATED TO CERTAIN TORT ACTIONS , AND, IN101
CONNECTION THEREWITH , INCREASING THE CAP ON102
NONECONOMIC DAMAGES , ALLOWING SIBLINGS TO BRING A103
WRONGFUL DEATH ACTION IN CERTAIN CIRCUMSTANCES ,104
INCREASING A WRONGFUL DEATH DAMAGES CAP , INCREASING105
THE MEDICAL MALPRACTICE WRONGFUL DEATH DAMAGES CAP ,106
AND INCREASING THE MEDICAL MALPRACTICE NONECONOMIC107
DAMAGES CAP.108
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
HOUSE
Amended 2nd Reading
May 5, 2024
HOUSE SPONSORSHIP
Brown and Pugliese, Daugherty
SENATE SPONSORSHIP
Mullica and Gardner,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. http://leg.colorado.gov.)
For civil actions filed on or after January 1, 2025, the bill increases
the cap on damages for noneconomic loss or injury from $250,000 to $1.5
million, and starting January 1, 2028, and every 2 years thereafter, adjusts
the damages cap based on inflation.
Current law specifies who may sue for wrongful death. The bill
adds a sibling of the deceased as a party who may bring a wrongful death
action in certain circumstances.
The bill imposes a wrongful death damages cap of $2.125 million,
and starting January 1, 2028, and every 2 years thereafter, adjusts the
damages cap based on inflation.
Beginning January 1, 2025, the bill incrementally increases the
medical malpractice wrongful death damages limitation to $1.575 million
over the course of 5 years. Thereafter, the cap is adjusted biennially for
inflation.
Existing law limits the amount recoverable for noneconomic
damages in medical malpractice actions to $300,000. Beginning January
1, 2025, the bill incrementally increases the noneconomic damages
limitation to $875,000 over the course of 5 years. Thereafter, the cap is
adjusted biennially for inflation.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. The general assembly2
finds and declares that updating the monetary limitations on damages for3
direct or derivative noneconomic loss or injury serves the purpose and4
intent of the "Health Care Availability Act", the "Wrongful Death Act",5
and the statutory limitations on damages for noneconomic loss or injury6
in civil actions.7
SECTION 2. In Colorado Revised Statutes, 13-21-102.5, amend8
(3)(a), (3)(b), (3)(c)(I), and (3)(c)(III) introductory portion; repeal9
(3)(c)(II); and add (2)(a.5) and (3)(c)(III.5) as follows:10
13-21-102.5. Limitations on damages for noneconomic loss or11
injury - definitions. (2) As used in this section:12
(a.5) "I
NFLATION" MEANS THE ANNUAL PERCENTAGE CHANGE IN13
1472-2- THE UNITED STATES DEPARTMENT OF LABOR 'S BUREAU OF LABOR1
STATISTICS CONSUMER PRICE INDEX FOR DENVER-AURORA-LAKEWOOD2
FOR ALL ITEMS PAID BY ALL URBAN CONSUMERS, OR ITS SUCCESSOR INDEX.3
(3) (a) (I) In any civil action
FILED BEFORE JANUARY 1, 2025, other4
than medical malpractice actions,
ANY CIVIL ACTION FOR DAMAGES IN5
TORT BROUGHT AGAINST A HEALTH -CARE PROFESSIONAL, AS DEFINED IN6
SECTION 13-64-202 (4), OR A HEALTH-CARE INSTITUTION, AS DEFINED IN7
SECTION 13-64-202 (3),
OR AS A RESULT OF BINDING ARBITRATION, in8
which damages for noneconomic loss or injury may be awarded, the total9
of such damages shall not exceed the sum of two hundred fifty thousand10
dollars unless the court finds justification by clear and convincing11
evidence therefor. In no case shall the amount of noneconomic loss or12
injury damages
IN AN ACTION FILED BEFORE JANUARY 1, 2025, exceed five13
hundred thousand dollars.14
(II) I
N ANY CIVIL ACTION FILED ON OR AFTER JANUARY 1, 2025,15
AND BEFORE JANUARY 1, 2026, OR ANY CLAIM FOR RELIEF THAT ACCRUES16
ON OR AFTER JANUARY 1, 2026, OTHER THAN A MALPRACTICE ACTION , 17
ANY CIVIL ACTION FOR DAMAGES IN TORT BROUGHT AGAINST A18
HEALTH-CARE PROFESSIONAL, AS DEFINED IN SECTION 13-64-202 (4), OR19
A HEALTH-CARE INSTITUTION, AS DEFINED IN SECTION 13-64-202 (3),
OR20
AS A RESULT OF BINDING ARBITRATION, OR WRONGFUL DEATH ACTION, IN21
WHICH DAMAGES FOR DERIVATIVE OR DIRECT NONECONOMIC LOSS OR22
INJURY MAY BE AWARDED, THE TOTAL AMOUNT OF SUCH DAMAGES THAT23
MAY BE AWARDED MUST NOT EXCEED THE SUM OF ONE MILLION FIVE24
HUNDRED THOUSAND DOLLARS .25
(III) The damages for noneconomic loss or injury in a medical26
malpractice action,
ANY CIVIL ACTION FOR DAMAGES IN TORT BROUGHT27
1472
-3- AGAINST A HEALTH -CARE PROFESSIONAL, AS DEFINED IN SECTION1
13-64-202
(4), OR A HEALTH-CARE INSTITUTION, AS DEFINED IN SECTION2
13-64-202
(3),
OR AS A RESULT OF BINDING ARBITRATION, shall not exceed3
the limitations on noneconomic loss or injury specified in BE GOVERNED4
BY section 13-64-302.5
(IV) T
HE DAMAGES FOR NONEC ONOMIC LOSS OR INJURY IN A6
WRONGFUL DEATH ACTION SHALL BE GOVERNED BY SECTION 13-21-203.7
(b) In any civil action, no damages for derivative noneconomic8
loss or injury may be awarded unless the court finds justification by clear9
and convincing evidence therefor. In no case shall the amount of such
10
damages exceed two hundred fifty thousand dollars.11
(c) (I) (A) The limitations on damages set forth in subsections12
(3)(a) and (3)(b) SUBSECTION (3)(a)(I) of this section must be adjusted for13
inflation as of January 1, 1998, January 1, 2008, January 1, 2020, and14
each ON January 1 every two years thereafter UNTIL JANUARY 1, 2024.15
The adjustments made on January 1, 1998, January 1, 2008, January 1,16
2020, and each ON January 1 every two years thereafter UNTIL JANUARY17
1,
2024, must be based on the cumulative annual adjustment for inflation18
for each year since the effective date of the damages limitations in19
subsections (3)(a) and (3)(b)
SUBSECTION (3)(a)(I) of this section.20
(B) T
HE LIMITATIONS ON DAMAGES SET FORTH IN SUBSECTION21
(3)(a)(II)
OF THIS SECTION MUST BE ADJUSTED FOR INFLATION ON22
J
ANUARY 1, 2028, AND ON JANUARY 1 EVERY TWO YEARS THEREAFTER .23
T
HE ADJUSTMENTS MADE ON JANUARY 1, 2028, AND ON JANUARY 1 EVERY24
TWO YEARS THEREAFTER MUST BE BASED ON THE CUMULATIVE ANNUAL25
ADJUSTMENT FOR INFLATION FOR EACH YEAR SINCE THE EFFECTIVE DATE26
OF THE DAMAGES LIMITATIONS IN SUBSECTION (3)(a)(II) OF THIS SECTION.27
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-4- (C) The INFLATION adjustments made pursuant to this subsection1
(3)(c)(I) must be rounded upward or downward to the nearest ten-dollar2
increment.3
(II) As used in this paragraph (c), "inflation" means the annual4
percentage change in the United States department of labor, bureau of5
labor statistics, consumer price index for Denver-Boulder, all items, all6
urban consumers, or its successor index.7
(III) The secretary of state shall certify the adjusted limitation on8
damages within fourteen days after the appropriate information is9
available, and,
FOR PURPOSES OF THE LIMITATION ON DAMAGES SPECIFIED10
IN SUBSECTIONS (3)(a)(I) AND (3)(b) OF THIS SECTION:11
(III.5) F
OR PURPOSES OF THE LIMITATION ON DAMAGES SPECIFIED12
IN SUBSECTION (3)(a)(II) OF THIS SECTION, THE SECRETARY OF STATE13
SHALL CERTIFY THE ADJUSTED LIMITATION ON DAMAGES WITHIN14
FOURTEEN DAYS AFTER THE APPROPRIATE INFORMATION IS AVAILABLE .15
T
HE ADJUSTED LIMITATION ON DAMAGES AS OF JANUARY 1, 2028, AND AS16
OF EACH JANUARY 1 EVERY TWO YEARS THEREAFTER , IS APPLICABLE TO17
ALL CLAIMS FOR RELIEF THAT ACCRUE ON OR AFTER THE SPECIFIED18
J
ANUARY 1 AND BEFORE THE JANUARY 1 TWO YEARS THEREAFTER.19
SECTION 3. In Colorado Revised Statutes, 13-21-201, amend20
(1)(a)(III), (1)(a)(IV), (1)(b)(I)(C), and (1)(b)(I)(D); and add (1)(a)(V)21
and (1)(b)(I)(E) as follows:22
13-21-201. Damages for death. (1) When any person dies from23
any injury resulting from or occasioned by the negligence, unskillfulness,24
or criminal intent of any officer, agent, servant, or employee while25
running, conducting, or managing any locomotive, car, or train of cars, or26
of any driver of any coach or other conveyance operated for the purpose27
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-5- of carrying either freight or passengers for hire while in charge of the1
same as a driver, and when any passenger dies from an injury resulting2
from or occasioned by any defect or insufficiency in any railroad or any3
part thereof, or in any locomotive or car, or other conveyance operated for4
the purpose of carrying either freight or passengers for hire, the5
corporation or individuals in whose employ any such officer, agent,6
servant, employee, master, pilot, engineer, or driver is at the time such7
injury is committed, or who owns any such railroad, locomotive, car, or8
other conveyance operated for the purpose of carrying either freight or9
passengers for hire at the time any such injury is received, and resulting10
from or occasioned by the defect or insufficiency above described shall11
forfeit and pay for every person and passenger so injured the sum of not12
exceeding ten thousand dollars and not less than three thousand dollars,13
which may be sued for and recovered:14
(a) In the first year after such death:15
(III) Upon the written election of the spouse, by the heir or heirs16
of the deceased; or17
(IV) If there is no spouse, by the heir or heirs of the deceased or18
the designated beneficiary, if there is one designated pursuant to article19
22 of title 15, C.R.S., with the right to bring an action pursuant to this20
section, and if there is no designated beneficiary, by the heir or heirs of21
the deceased;
OR22
(V) I
F, AT THE TIME OF DEATH, THERE IS NO SPOUSE, NO HEIR OR23
HEIRS, AND NO DESIGNATED BENEFICIARY , OR, IF THE DECEASED WAS AN24
UNMARRIED MINOR WITHOUT DESCENDANTS OR AN UNMARRIED ADULT25
WITHOUT DESCENDANTS , AND THERE IS NO MOTHER AND NO FATHER OF26
THE DECEASED, THEN BY THE SIBLING OR SIBLINGS OF THE DECEASED OR27
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-6- THE HEIR OR HEIRS OF THE SIBLING OR SIBLINGS OF THE DECEASED .1
(b) (I) In the second year after such death:2
(C) By the spouse and the heir or heirs of the deceased; or3
(D) By the designated beneficiary of the deceased, if there is one4
designated pursuant to article 22 of title 15, C.R.S., with the right to bring5
an action pursuant to this section, and the heir or heirs of the deceased;
OR6
(E) B
Y THE SIBLING OR SIBLINGS OF THE DECEASED OR THE HEIR OR7
HEIRS OF THE SIBLING OR SIBLINGS OF THE DECEASED, BUT ONLY IF, AT THE8
TIME OF DEATH, THE DECEASED HAD NO SURVIVING SPOUSE , NO HEIR OR9
HEIRS, AND NO DESIGNATED BENEFICIARY , OR, IF THE DECEASED WAS AN10
UNMARRIED MINOR WITHOUT DESCENDANTS OR AN UNMARRIED ADULT11
WITHOUT DESCENDANTS , AND HAD NO MOTHER AND NO FATHER .12
SECTION 4. In Colorado Revised Statutes, 13-21-203, amend13
(1) as follows:14
13-21-203. Limitation on damages. (1) (a) All damages15
accruing under section 13-21-202 shall be sued for and recovered by the16
same parties and in the same manner as provided in section 13-21-201,17
and in every such action the jury may give such damages as they may18
deem fair and just, with reference to the necessary injury resulting from19
such death, including damages for noneconomic loss or injury as defined20
in section 13-21-102.5 and subject to the limitations of this section and21
including within noneconomic loss or injury damages for grief, loss of22
companionship, pain and suffering, and emotional stress, to the surviving23
parties who may be entitled to sue; and also having regard to the24
mitigating or aggravating circumstances attending any such wrongful act,25
neglect, or default; except that, if the decedent left neither a widow, a26
widower, minor children, nor a dependent father or mother, the damages27
1472
-7- recoverable in any such action shall not exceed the limitations for1
noneconomic loss or injury set forth in section 13-21-102.5 THE SUM OF2
TWO MILLION ONE HUNDRED TWENTY -FIVE THOUSAND DOLLARS, unless3
the wrongful act, neglect, or default causing death constitutes a felonious4
killing, as defined in section 15-11-803 (1)(b), C.R.S., and as determined5
in the manner described in section 15-11-803 (7), C.R.S., in which case6
there shall be no limitation on the damages for noneconomic loss or7
injury recoverable in such action. No action shall be brought and no8
recovery shall be had under both section 13-21-201 and section9
13-21-202, and in all cases the plaintiff is required to elect under which10
section he or she will proceed. There shall be only one civil action under11
this part 2 for recovery of damages for the wrongful death of any one12
decedent. Notwithstanding anything in this section or in section13
13-21-102.5 to the contrary, there shall be no recovery under this part 214
for noneconomic loss or injury in excess of two hundred fifty thousand15
dollars TWO MILLION ONE HUNDRED TWENTY -FIVE THOUSAND DOLLARS,16
unless the wrongful act, neglect, or default causing death constitutes a17
felonious killing, as defined in section 15-11-803 (1)(b), C.R.S., and as18
determined in the manner described in section 15-11-803 (7). C.R.S.19
(b) The damages recoverable for noneconomic loss or injury in20
any medical malpractice action shall not exceed the limitations on21
noneconomic loss or injury set forth in section 13-64-302.22
N
OTWITHSTANDING THE LIMITATION SET FORTH IN SUBSECTION (1)(a) OF23
THIS SECTION OR IN SECTION 13-64-302 (1):24
(I) E
FFECTIVE JANUARY 1, 2025, THE TOTAL AMOUNT25
RECOVERABLE FOR DERIVATIVE OR DIRECT NONECONOMIC LOSS OR26
INJURY, AS DEFINED IN SECTION 13-64-302 (1)(a)(I) AND (1)(a)(II), IN ANY27
1472
-8- CIVIL ACTION FOR DAMAGES IN TORT BROUGHT AGAINST A HEALTH -CARE1
PROFESSIONAL, AS DEFINED IN SECTION 13-64-202 (4), OR A HEALTH-CARE2
INSTITUTION, AS DEFINED IN SECTION 13-64-202 (3), OR AS A RESULT OF3
BINDING ARBITRATION, BASED ON A CLAIM OF WRONGFUL DEATH OF A4
PATIENT SHALL NOT EXCEED FIVE HUNDRED FIFTY -FIVE THOUSAND5
DOLLARS, WHICH AMOUNT APPLIES TO ACTS OR OMISSIONS OCCURRING ON6
OR AFTER JANUARY 1, 2025, BUT BEFORE JANUARY 1, 2026.7
(II) E
FFECTIVE JANUARY 1, 2026, THE TOTAL AMOUNT8
RECOVERABLE FOR DERIVATIVE OR DIRECT NONECONOMIC LOSS OR9
INJURY, AS DEFINED IN SECTION 13-64-302 (1)(a)(I) AND (1)(a)(II), IN ANY10
CIVIL ACTION FOR DAMAGES IN TORT BROUGHT AGAINST A HEALTH -CARE11
PROFESSIONAL, AS DEFINED IN SECTION 13-64-202 (4), OR A HEALTH-CARE12
INSTITUTION, AS DEFINED IN SECTION 13-64-202 (3), OR AS A RESULT OF13
BINDING ARBITRATION, BASED ON A CLAIM OF WRONGFUL DEATH OF A14
PATIENT SHALL NOT EXCEED EIGHT HUNDRED TEN THOUSAND DOLLARS ,15
WHICH AMOUNT APPLIES TO ACTS OR OMISSIONS OCCURRING ON OR AFTER16
J
ANUARY 1, 2026, BUT BEFORE JANUARY 1, 2027.17
(III) E
FFECTIVE JANUARY 1, 2027, THE TOTAL AMOUNT18
RECOVERABLE FOR DERIVATIVE OR DIRECT NONECONOMIC LOSS OR19
INJURY, AS DEFINED IN SECTION 13-64-302 (1)(a)(I) AND (1)(a)(II), IN ANY20
CIVIL ACTION FOR DAMAGES IN TORT BROUGHT AGAINST A HEALTH -CARE21
PROFESSIONAL, AS DEFINED IN SECTION 13-64-202 (4), OR A HEALTH-CARE22
INSTITUTION, AS DEFINED IN SECTION 13-64-202 (3), OR AS A RESULT OF23
BINDING ARBITRATION, BASED ON A CLAIM OF WRONGFUL DEATH OF A24
PATIENT SHALL NOT EXCEED ONE MILLION SIXTY -FIVE THOUSAND25
DOLLARS, WHICH AMOUNT APPLIES TO ACTS OR OMISSIONS OCCURRING ON26
OR AFTER JANUARY 1, 2027, BUT BEFORE JANUARY 1, 2028.27
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-9- (IV) EFFECTIVE JANUARY 1, 2028, THE TOTAL AMOUNT1
RECOVERABLE FOR DERIVATIVE OR DIRECT NONECONOMIC LOSS OR2
INJURY, AS DEFINED IN SECTION 13-64-302 (1)(a)(I) AND (1)(a)(II), IN ANY3
CIVIL ACTION FOR DAMAGES IN TORT BROUGHT AGAINST A HEALTH -CARE4
PROFESSIONAL, AS DEFINED IN SECTION 13-64-202 (4), OR A HEALTH-CARE5
INSTITUTION, AS DEFINED IN SECTION 13-64-202 (3), OR AS A RESULT OF6
BINDING ARBITRATION, BASED ON A CLAIM OF WRONGFUL DEATH OF A7
PATIENT SHALL NOT EXCEED ONE MILLION THREE HUNDRED TWENTY8
THOUSAND DOLLARS, WHICH AMOUNT APPLIES TO ACTS OR OMISSIONS9
OCCURRING ON OR AFTER JANUARY 1, 2028, BUT BEFORE JANUARY 1,10
2029.11
(V) E
FFECTIVE JANUARY 1, 2029, THE TOTAL AMOUNT12
RECOVERABLE FOR DERIVATIVE OR DIRECT NONECONOMIC LOSS OR13
INJURY, AS DEFINED IN SECTION 13-64-302 (1)(a)(I) AND (1)(a)(II), IN ANY14
CIVIL ACTION FOR DAMAGES IN TORT BROUGHT AGAINST A HEALTH -CARE15
PROFESSIONAL, AS DEFINED IN SECTION 13-64-202 (4), OR A HEALTH-CARE16
INSTITUTION, AS DEFINED IN SECTION 13-64-202 (3), OR AS A RESULT OF17
BINDING ARBITRATION, BASED ON A CLAIM OF WRONGFUL DEATH OF A18
PATIENT SHALL NOT EXCEED ONE MILLION FIVE HUNDRED SEVENTY -FIVE19
THOUSAND DOLLARS, WHICH AMOUNT APPLIES TO ACTS OR OMISSIONS20
OCCURRING ON OR AFTER JANUARY 1, 2029, BUT BEFORE JANUARY 1,21
2030.22
(VI) E
FFECTIVE JANUARY 1, 2030, THE LIMITATION ON DAMAGES23
SPECIFIED IN SUBSECTION (1)(b)(V) OF THIS SECTION SHALL BE ADJUSTED24
IN ACCORDANCE WITH SECTION 13-21-203.7 (4).25
SECTION 5. In Colorado Revised Statutes, 13-21-203.7, amend26
(1) and (2); and add (1.5) and (4) as follows:27
1472
-10- 13-21-203.7. Adjustments of dollar limitations for effects of1
inflation - definition. (1) The limitations on noneconomic damages set2
forth in section 13-21-203 (1)(a) and the amount of the solatium set forth3
in section 13-21-203.5 must be adjusted for inflation as of January 1,4
1998, January 1, 2008, January 1, 2020, and each January 1 every two5
years thereafter
UNTIL JANUARY 1, 2024. The adjustments made on6
January 1, 1998, January 1, 2008, January 1, 2020, and each January 17
every two years thereafter must be based on the cumulative annual8
adjustment for inflation for each year since the effective date of the9
damages limitations in sections 13-21-203 (1)(a) and 13-21-203.5. The10
adjustments made pursuant to this subsection (1) must be rounded upward11
or downward to the nearest ten-dollar increment.12
(1.5) A
FTER JANUARY 1, 2024, THE LIMITATIONS ON DAMAGES SET13
FORTH IN SECTION 13-21-203 (1)(a) MUST BE ADJUSTED FOR INFLATION14
J
ANUARY 1, 2028, AND ON JANUARY 1 EVERY TWO YEARS THEREAFTER .15
T
HE ADJUSTMENTS MADE ON JANUARY 1, 2028, AND ON JANUARY 1 EVERY16
TWO YEARS THEREAFTER MUST BE BASED ON THE CUMULATIVE ANNUAL17
ADJUSTMENT FOR INFLATION FOR EACH YEAR SINCE THE EFFECTIVE DATE18
OF THE DAMAGES LIMITATIONS IN SECTION 13-21-203 (1)(a). THE19
ADJUSTMENTS MADE PURSUANT TO THIS SUBSECTION (1.5) MUST BE20
ROUNDED UPWARD OR DOWNWARD TO THE NEAREST TEN -DOLLAR21
INCREMENT.22
(2) As used in this section, "inflation" means the annual
23
percentage change in the United States department of labor, bureau of24
labor statistics, consumer price index for Denver-Boulder, all items, all25
urban consumers, or its successor index MEANS THE ANNUAL PERCENTAGE26
CHANGE IN THE UNITED STATES DEPARTMENT OF LABOR 'S BUREAU OF27
1472
-11- LABOR STATISTICS CONSUMER PRICE INDEX FOR1
D
ENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID BY ALL URBAN2
CONSUMERS, OR ITS SUCCESSOR INDEX.3
(4) (a) E
FFECTIVE JANUARY 1, 2030, THE DAMAGES LIMITATION4
SPECIFIED IN SECTION 13-21-203 (1)(b)(V) MUST BE ADJUSTED FOR5
INFLATION ON JANUARY 1, 2030, AND ON JANUARY 1 EVERY TWO YEARS6
THEREAFTER. THE ADJUSTMENTS MADE ON JANUARY 1, 2030, AND ON7
J
ANUARY 1 EVERY TWO YEARS THEREAFTER MUST BE BASED ON THE8
CUMULATIVE ANNUAL ADJUSTMENT FOR INFLATION FOR EACH YEAR SINCE9
THE EFFECTIVE DATE OF THE DAMAGES LIMITATION SPECIFIED IN SECTION10
13-21-203 (1)(b)(V). T
HE ADJUSTMENTS MADE PURSUANT TO THIS11
SUBSECTION (4) MUST BE ROUNDED UPWARD OR DOWNWARD TO THE12
NEAREST TEN-DOLLAR INCREMENT.13
(b) T
HE SECRETARY OF STATE SHALL CERTIFY THE ADJUSTED14
LIMITATION ON DAMAGES WITHIN FOURTEEN DAYS AFTER THE15
APPROPRIATE INFORMATION IS AVAILABLE AND SHALL PUBLISH THE16
ADJUSTED AMOUNT ON THE SECRETARY OF STATE 'S WEBSITE.17
(c) T
HE ADJUSTED LIMITATION ON DAMAGES AS OF JANUARY 1,18
2030,
AND ON JANUARY 1 EVERY TWO YEARS THEREAFTER IS APPLICABLE19
TO ALL CLAIMS FOR RELIEF THAT ACCRUE ON AND AFTER THE SPECIFIED20
J
ANUARY 1 AND BEFORE THE JANUARY 1 TWO YEARS THEREAFTER.21
SECTION 6. In Colorado Revised Statutes, 13-64-302, amend22
(1)(b) and (1)(c) as follows:23
13-64-302. Limitation of liability - interest on damages -24
definition. (1) (b) The total amount recoverable for all damages for a25
course of care for all defendants in any civil action for damages in tort26
brought against a health-care professional, as defined in section27
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-12- 13-64-202, or a health-care institution, as defined in section 13-64-202,1
or as a result of binding arbitration, whether past damages, future2
damages, or a combination of both, shall not exceed
THE GREATER OF one3
million dollars, present value per patient,
OR ONE HUNDRED TWENTY-FIVE4
PERCENT OF THE NONECONOMIC DAMAGES LIMITATIONS SET FORTH IN5
SECTION 13-21-203 (1)(b) IN EFFECT AT THE TIME THE ACTS OR OMISSIONS6
OCCURRED, PRESENT VALUE PER PATIENT , including any claim for7
derivative noneconomic loss or injury, of which not more than two8
hundred fifty thousand dollars, present value per patient, including any9
derivative claim, shall be attributable to direct or derivative noneconomic10
loss or injury; except that, if, upon good cause shown, the court11
determines that the present value of past and future economic damages12
would exceed such limitation and that the application of such limitation13
would be unfair, the court may award in excess of the limitation the14
present value of additional past and future economic damages only. The15
limitations of this section are not applicable to a health-care professional16
who is a public employee under the "Colorado Governmental Immunity17
Act" and are not applicable to a certified health-care institution which is18
a public entity under the "Colorado Governmental Immunity Act". For19
purposes of this section, "present value" has the same meaning as that set20
forth in section 13-64-202 (7). The existence of the limitations and21
exceptions thereto provided in this section shall not be disclosed to a jury.22
(c) (I) (A) Effective July 1, 2003, the damages limitation of two23
hundred fifty thousand dollars described in paragraph (b) of this
24
subsection (1) SUBSECTION (1)(b) OF THIS SECTION shall be increased to25
three hundred thousand dollars, which increased amount shall apply to26
acts or omissions occurring on or after said date. It is the intent of the27
1472
-13- general assembly that the increase reflect an adjustment for inflation to1
the damages limitation.2
(B) E
FFECTIVE JANUARY 1, 2025,IN AN ACTION FILED ON OR AFTER3
THAT DATE THAT ACCRUED ON OR AFTER JANUARY 1, 2024, BUT BEFORE4
J
ANUARY 1, 2026, THE DAMAGES LIMITATION OF THREE HUNDRED5
THOUSAND DOLLARS DESCRIBED IN SUBSECTION (I)(c)(I)(A) OF THIS6
SECTION FOR DIRECT OR DERIVATIVE NONECONOMIC LOSS OR INJURY IS7
INCREASED TO FOUR HUNDRED FIFTEEN THOUSAND DOLLARS .8
(C) E
FFECTIVE JANUARY 1, 2026, THE DAMAGES LIMITATION OF9
FOUR HUNDRED FIFTEEN THOUSAND DOLLARS DESCRIBED IN SUBSECTION10
(1)(c)(I)(B)
OF THIS SECTION IS INCREASED TO FIVE HUNDRED THIRTY11
THOUSAND DOLLARS, WHICH INCREASED AMOUNT APPLIES TO ACTS OR12
OMISSIONS OCCURRING ON OR AFTER JANUARY 1, 2026, BUT BEFORE13
J
ANUARY 1, 2027.14
(D) E
FFECTIVE JANUARY 1, 2027, THE DAMAGES LIMITATION OF15
FIVE HUNDRED THIRTY THOUSAND DOLLARS DESCRIBED IN SUBSECTION16
(1)(c)(I)(C)
OF THIS SECTION IS INCREASED TO SIX HUNDRED FORTY -FIVE17
THOUSAND DOLLARS, WHICH INCREASED AMOUNT APPLIES TO ACTS OR18
OMISSIONS OCCURRING ON OR AFTER JANUARY 1, 2027, BUT BEFORE19
J
ANUARY 1, 2028.20
(E) E
FFECTIVE JANUARY 1, 2028, THE DAMAGES LIMITATION OF SIX21
HUNDRED FORTY-FIVE THOUSAND DOLLARS DESCRIBED IN SUBSECTION22
(1)(c)(I)(D)
OF THIS SECTION IS INCREASED TO SEVEN HUNDRED SIXTY23
THOUSAND DOLLARS, WHICH INCREASED AMOUNT APPLIES TO ACTS OR24
OMISSIONS OCCURRING ON OR AFTER JANUARY 1, 2028, BUT BEFORE25
J
ANUARY 1, 2029.26
(F) E
FFECTIVE JANUARY 1, 2029, THE DAMAGES LIMITATION OF27
1472
-14- SEVEN HUNDRED SIXTY THOUSAND DOLLARS DESCRIBED IN SUBSECTION1
(1)(c)(I)(E)
OF THIS SECTION IS INCREASED TO EIGHT HUNDRED2
SEVENTY-FIVE THOUSAND DOLLARS, WHICH INCREASED AMOUNT APPLIES3
TO ACTS OR OMISSIONS OCCURRING ON OR AFTER JANUARY 1, 2029, BUT4
BEFORE JANUARY 1, 2030.5
(G) E
FFECTIVE JANUARY 1, 2030, THE DAMAGES LIMITATIONS IN6
SUBSECTION (1)(c)(I)(F) OF THIS SECTION MUST BE ADJUSTED FOR7
INFLATION AS OF JANUARY 1, 2030, AND ON JANUARY 1 EVERY TWO YEARS8
THEREAFTER. THE ADJUSTMENTS MADE ON JANUARY 1, 2030, AND ON9
J
ANUARY 1 EVERY TWO YEARS THEREAFTER MUST BE BASED ON THE10
CUMULATIVE ANNUAL ADJUSTMENT FOR INFLATION FOR EACH YEAR SINCE11
THE EFFECTIVE DATE OF THE DAMAGES LIMITATION SPECIFIED IN12
SUBSECTION (1)(c)(I)(F) OF THIS SECTION. THE ADJUSTMENTS MADE13
PURSUANT TO THIS SUBSECTION (1)(c)(I)(G) MUST BE ROUNDED UPWARD14
OR DOWNWARD TO THE NEAREST TEN -DOLLAR INCREMENT. AS USED IN15
THIS SUBSECTION (1)(c), "INFLATION" MEANS THE ANNUAL PERCENTAGE16
CHANGE IN THE UNITED STATES DEPARTMENT OF LABOR 'S BUREAU OF17
LABOR STATISTICS CONSUMER PRICE INDEX FOR18
D
ENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID BY ALL URBAN19
CONSUMERS, OR ITS SUCCESSOR INDEX.20
(II) T
HE SECRETARY OF STATE SHALL CERTIFY THE ADJUSTED21
LIMITATION ON DAMAGES WITHIN FOURTEEN DAYS AFTER THE22
APPROPRIATE INFORMATION IS AVAILABLE AND SHALL PUBLISH THE23
ADJUSTED AMOUNT ON THE SECRETARY OF STATE 'S WEBSITE.24
(III) T
HE ADJUSTED LIMITATION ON DAMAGES AS OF JANUARY 1,25
2030,
AND ON JANUARY 1 EVERY TWO YEARS THEREAFTER IS APPLICABLE26
TO ACTS OR OMISSIONS OCCURRING ON AND AFTER THE SPECIFIED27
1472
-15- JANUARY 1 AND BEFORE THE JANUARY 1 TWO YEARS THEREAFTER.1
SECTION 7. Effective date. This act takes effect January 1,2
2025.3
SECTION 8. Safety clause. The general assembly finds,4
determines, and declares that this act is necessary for the immediate5
preservation of the public peace, health, or safety or for appropriations for6
the support and maintenance of the departments of the state and state7
institutions.8
1472
-16-