- There’s no single statutory definition. Colorado’s Title 13, the part of state law that sets injury deadlines and damage limits, doesn’t use the word “catastrophic” at all.
- The label describes the injury’s effect on a person’s life. It’s applied to injuries with lasting consequences, such as a severe traumatic brain injury, paralysis, amputation or deep burns.
- Noneconomic damages have a limit. For claims accruing on or after January 1, 2025, and actions filed during 2025, Colorado limits damages for pain and suffering and similar losses to $1.5 million in cases the statute covers (C.R.S. 13-21-102.5).
- Physical impairment and disfigurement are treated separately. The same statute says nothing in it limits “the recovery of compensatory damages for physical impairment or disfigurement” (C.R.S. 13-21-102.5(5)), outside medical malpractice cases, where C.R.S. 13-64-302 counts them toward its cap.
- Colorado’s Supreme Court calls them a separate category. In a 2007 car crash case about the seatbelt defense, Colorado’s Supreme Court held that physical impairment and disfigurement damages are “a category separate and distinct from other noneconomic damages” (Pringle v. Valdez).
- Deadlines still apply. The general tort deadline is two years (C.R.S. 13-80-102); a claim that comes out of the use or operation of a motor vehicle generally gets three (C.R.S. 13-80-101(1)(n)).
If you’re asking what is considered a catastrophic injury, Colorado’s injury statutes don’t define the term. It’s a practical label used for injuries that change the course of a person’s life, such as a serious brain injury, a spinal cord injury, the loss of a limb, or a severe burn.
If you or someone you love is living with an injury like this, CGH Injury Lawyers in Denver can talk it through with you by phone at (303) 209-9395, or you can send our Denver office a message.
The content on this page is provided for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship. Laws vary by jurisdiction and change frequently. Always consult a licensed attorney for advice specific to your situation.
What Is a Catastrophic Injury Under Colorado Law
Colorado’s injury statutes in Title 13, the part of state law that sets injury deadlines and damage limits, don’t use the word “catastrophic.” So there’s no Colorado statute you can point to that says “an injury is catastrophic when…”
Instead, a claim looks at what losses the injury caused and what Colorado law lets you recover for them.
Colorado law sorts damages into categories, and a few of those categories matter far more when an injury is permanent:
- Noneconomic loss, covering “pain and suffering, inconvenience, emotional stress, and impairment of the quality of life” (C.R.S. 13-21-102.5(2)(b))
- Physical impairment and disfigurement, which Colorado law treats separately from other noneconomic loss
- Derivative noneconomic loss, meaning “nonpecuniary harm or emotional stress to persons other than the person suffering the direct or primary loss or injury,” such as a spouse (C.R.S. 13-21-102.5(2)(a))
What Is Considered a Catastrophic Injury in Practice
These are the effects that make an injury life-changing:
- It’s permanent, or it’s expected to last for years
- It stops or limits the person’s ability to work
- It requires ongoing medical care, therapy, or equipment
- It changes the person’s ability to live independently
- It changes how the person looks, through scarring or the loss of a body part
None of these is a legal test. They describe why an injury’s costs can stretch far into the future, and those costs shape a claim.
Common Types of Catastrophic Injury
The descriptions below come from U.S. government health sources and are general information, not a diagnosis.
| Injury | What it is | Why it can be lasting |
|---|---|---|
| Traumatic brain injury (TBI) | “a sudden injury that causes damage to the brain,” from a blow, bump, or jolt to the head or an object that penetrates the skull (MedlinePlus) | “More severe TBI can lead to serious physical and psychological symptoms, coma, and even death.” |
| Spinal cord injury | An injury that disrupts the signals the spinal cord carries between the body and the brain (MedlinePlus) | With a complete injury, the cord “can’t send signals below the level of the injury,” and the person is paralyzed below it |
| Amputation or limb loss | Losing all or part of an arm or leg, including from “traffic accidents” (MedlinePlus) | Phantom pain, skin problems with an artificial limb, and time to learn to use one |
| Severe burns | Damage to the body’s tissues from heat, chemicals, electricity, sunlight, or radiation (MedlinePlus) | Third-degree burns “damage or destroy the deepest layer of skin and tissues underneath,” and they can cause scarring. |
Brain injuries. The symptoms of TBI “depend on the type of injury and how serious the brain damage is,” according to MedlinePlus. Even a mild TBI deserves attention: the CDC says “the effects of a mild TBI or concussion can be serious” (CDC). Our page on brain injury claims in Colorado covers the legal side.
Spinal cord injuries. MedlinePlus explains that with an incomplete injury, “you have some movement and sensation below the injury.”It also says, “a spinal cord injury is a medical emergency,” and that later treatment can include medications and rehabilitation therapy.. See our page on spinal cord injury claims in Colorado.
Limb loss. MedlinePlus notes that “recovery from the loss of a limb can be hard” and that “sadness, anger, and frustration are common.” Our page on amputation injury claims in Colorado explains how these claims work.
Burns. Burns “can cause swelling, blistering, scarring, and, in serious cases, shock, and even death,” and they can lead to infections because they damage the skin’s protective barrier. Our page on burn injury claims in Colorado has more.
Why the Catastrophic Injury Definition Matters for Damages
Because there’s no statutory catastrophic injury definition, the label itself doesn’t unlock any special rule.The key issues is how Colorado’s damage rules apply to a loss that lasts a lifetime.
The main limit is on noneconomic damages. For a civil action filed on or after January 1, 2025, and before January 1, 2026, or a claim that accrues on or after January 1, 2025, the total noneconomic damages “that may be awarded must not exceed the sum of one million five hundred thousand dollars” (C.R.S. 13-21-102.5(3)(a)(II)).
A few rules shape that limit:
- It doesn’t apply the same way everywhere. Claims against health-care professionals and institutions follow C.R.S. 13-64-302, while wrongful death actions follow C.R.S. 13-21-203 (C.R.S. 13-21-102.5(3)(a)(III), (IV)).
- It adjusts for inflation. The first adjustment is due on January 1, 2028, and then every two years (C.R.S. 13-21-102.5(3)(c)(I)(B)).
- A jury isn’t told about it. The limits “shall not be disclosed to a jury,” and the court applies them before judgment (C.R.S. 13-21-102.5(4)).
- A spouse’s or family member’s claim is subject to a higher standard. A court can’t award derivative noneconomic damages “unless it finds justification by clear and convincing evidence therefor” (C.R.S. 13-21-102.5(3)(b)), and those damages count toward the same $1.5 million total (C.R.S. 13-21-102.5(3)(a)(II)).
The current figure came from HB24-1472, which raised the cap to $1.5 million for civil actions filed on or after January 1, 2025. The full list of damage types is in our post on types of damages in a Colorado personal injury case.
Physical Impairment and Disfigurement in Colorado
Subsection (5) of the noneconomic damages statute reads: “Nothing in this section shall be construed to limit the recovery of compensatory damages for physical impairment or disfigurement.”
HB24-1472 didn’t change that sentence (Colorado Revised Statutes 2024, Title 13).
Colorado’s Supreme Court has also addressed how these damages fit.
In Pringle v. Valdez, a 2007 decision arising from an automobile accident, the court held that damages for physical impairment and disfigurement “are a category separate and distinct from other noneconomic damages.” It also noted that under Colorado common law, these damages “have historically been recognized as a separate element of damages.”
Two limits apply:
- Medical malpractice is different. The court noted that the General Assembly amended the health care statute so that physical impairment and disfigurement damages are subject to its noneconomic cap in malpractice cases.
- Pringle decided a narrower question. It held these damages weren’t reduced under the seatbelt defense statute; how the rule applies to any particular claim depends on the facts and the current law.
What Can Reduce a Recovery
A serious injury doesn’t change Colorado’s fault rules. Your fault can shrink a negligence award, and once it equals or exceeds the other side’s, it stops recovery altogether (C.R.S. 13-21-111).
Other things that can limit a recovery:
- A public entity can also be a defendant. For claims that accrue from January 1, 2026, until January 1, 2030, the cap is $505,000 for any one injured person; one occurrence that injures two or more people is capped at $1,421,000 overall, with no single person receiving above $505,000 (Colorado Secretary of State).
- A product case. If a defective product caused the injury, your fault still reduces the damages, but it can’t cut off recovery, and the general comparative negligence statute doesn’t govern (C.R.S. 13-21-406).
- Not wearing a seatbelt. After a motor vehicle accident, evidence that you weren’t wearing a required seatbelt can be used to reduce damages for pain and suffering, but not economic loss or medical payments (C.R.S. 42-4-237(7)). Pringle held that this reduction doesn’t reach physical impairment and disfigurement damages.
- The available insurance. What a responsible party can pay may depend on its coverage, which is one reason a lawyer looks for every responsible party early.
The Deadlines That Can Apply
The time limit depends mainly on how the injury happened. Different timing rules can apply when the injured person is a minor under 18, mentally incompetent or under another legal disability and has no legal guardian (C.R.S. 13-81-103; C.R.S. 13-81-101(3)).
| Claim | Colorado deadline |
|---|---|
| Tort claims, including negligence | Generally two years (C.R.S. 13-80-102(1)(a)) |
| Crash or other injury involving a motor vehicle’s use or operation | Generally three years (C.R.S. 13-80-101(1)(n)) |
| Injury from a defective product | Generally two years (C.R.S. 13-80-106) |
| Claims against a city, county or other public entity | 182 days from discovery of the injury to give written notice (C.R.S. 24-10-109) |
The clock generally starts on the date when “both the injury and its cause are known or should have been known by the exercise of reasonable diligence” (C.R.S. 13-80-108). With a brain injury, that date can be difficult to determine, so have a lawyer confirm it. Our post on how long a TBI lawsuit takes in Denver explains that timeline.
How those clocks run generally is the subject of our Colorado personal injury statute of limitations guide.
Records That Help Show the Full Picture
Your claim looks at future care and lost earnings as well as past bills. The records that help show what the injury has cost and will cost include:
- Emergency, hospital, and surgical records
- Rehabilitation, therapy, and home health records
- Every medical bill, including prescriptions and equipment
- Your doctors’ notes on restrictions and future care
- Payroll records, tax returns, and any employer letter about the work you’ve missed or lost
- Photos of the injury over time, including scarring
- A family member’s notes on the help you need each day
For more on how these records fit into a spinal cord case, see our post on spinal cord injury settlement value in Denver.
Speak With a Denver Catastrophic Injury Lawyer
If you or a family member is living with a life-changing injury, a Denver catastrophic injury lawyer can look at the records, the cause and the people responsible. More on these cases is on our catastrophic injury claims in Colorado practice page.
Cheney Galluzzi & Howard, now CGH Injury Lawyers, opened in Denver in 2016 and works out of 2701 Lawrence St., Suite 201. Among CGH’s credentials: ABOTA, the American Board of Trial Advocates. Managing Partner Kevin Cheney is a member.
Call our Denver office at (303) 209-9395 or reach us through the Denver office contact page to schedule a consultation. Fees are a fair question to ask on that first call, and Spanish speakers can reach us at (303) 835-9177.
Frequently Asked Questions
What is considered a catastrophic injury in Denver?
Colorado’s injury statutes don’t define the term. It’s a practical label used for injuries with lasting effects on a person’s life, such as a severe traumatic brain injury, a spinal cord injury, an amputation or a severe burn. What matters in a claim is the losses the injury caused and how Colorado’s damage rules apply to them.
Is a traumatic brain injury a catastrophic injury?
It can be, depending on its severity and effects. MedlinePlus explains that more severe TBI “can lead to serious physical and psychological symptoms, coma, and even death.” The CDC notes that even the effects of a mild TBI or concussion can be serious.
Is there a cap on damages for a catastrophic injury in Colorado?
Colorado limits noneconomic damages, such as pain and suffering, to $1.5 million for claims accruing on or after January 1, 2025, and for actions filed during 2025, in cases the statute covers (C.R.S. 13-21-102.5(3)(a)(II)). The same statute says it doesn’t limit compensatory damages for physical impairment or disfigurement (C.R.S. 13-21-102.5(5)). Medical malpractice and wrongful death claims follow their own statutes.
What is the difference between physical impairment and pain and suffering?
Colorado’s noneconomic category takes in pain and suffering, and also inconvenience, emotional stress, and a reduced quality of life. In the Pringle v. Valdez decision, a seatbelt-defense case, Colorado’s Supreme Court held that physical impairment and disfigurement damages are “a category separate and distinct from other noneconomic damages,” and how that applies depends on the facts of each claim.
How long do I have to file a catastrophic injury claim in Colorado?
It depends on the cause. Tort claims generally have two years (C.R.S. 13-80-102), motor vehicle injury claims generally have three (C.R.S. 13-80-101(1)(n)), and a claim against a public entity needs written notice within 182 days (C.R.S. 24-10-109). If you’d like the dates in your situation checked,call CGH Injury Lawyers at (303) 209-9395.
What is a catastrophic injury definition in medical terms?
Government health sources describe the injuries themselves rather than defining the word “catastrophic,” such as a complete spinal cord injury that leaves a person “paralyzed below the injury” or a third-degree burn that damages the deepest layer of skin. Your doctors are the right source for what your injury means for your future.
Written by CGH Injury Lawyers.
Last reviewed: September 28, 2026.
Attorney Advertising. CGH Injury Lawyers.
This article is general information for Colorado injury readers. It is not legal advice, does not create an attorney-client relationship, and does not promise that any deadline, rule, or outcome applies to your case. Statute-of-limitations, comparative negligence, insurance, and compensation questions require case-specific legal review.
Related articles
-
After an Electric Scooter Accident in Denver: Your Next Steps, and Who May Pay
Seek care and a police report. Denver’s guidance after a crash on a shared scooter is to call 911 or go to urgent care if anyone is hurt,…
-
What Happens if You Get Into an Accident With a Bus in Denver? A Denver Bus Accident, Step by Step
A government bus has an early, strict deadline. You must send written notice to the public entity within 182 days after discovering the injury, and Colorado calls that…
-
How Much Compensation Do You Get for a Burn at Work in Denver? What a Burn Injury at Work Pays in Colorado
There’s no single figure. Colorado workers’ compensation pays set categories of benefits, and the amounts are fixed by statute and by a yearly order from the state. Burn…
