Economic damages and physical impairment: no cap
Colorado draws a critical line between two types of damages. Economic damages such as past and future medical expenses, lifetime attendant care, lost earning capacity, and Life Care Plan costs have no cap under Colorado law. Separately, C.R.S. 13-21-102.5(5) provides that nothing in the general non-economic damages statute limits recovery of compensatory damages for physical impairment or disfigurement. In a spinal cord injury, an amputation, or a severe burn case, physical impairment and disfigurement are often the largest single component of the recovery. Both categories are fully compensable without a ceiling.
Non-economic damages cap (C.R.S. 13-21-102.5)
Non-economic damages such as pain and suffering, loss of enjoyment of life, and emotional distress are subject to Colorado's general non-economic cap under C.R.S. 13-21-102.5. For claims accruing on or after January 1, 2025, the cap is $1,500,000. For claims accruing in 2024, the cap was $729,790 (up to $1,459,600 with clear and convincing evidence). These caps do not apply to economic damages or to compensation for physical impairment or disfigurement. In a severe catastrophic case, the non-economic cap is rarely the limiting factor because the uncapped categories dwarf it.
Filing deadline for your Thornton claim
Colorado gives you three years from the date of a motor vehicle collision to file suit for resulting injuries (C.R.S. 13-80-101(1)(n)). Most other injury claims carry a two-year deadline (C.R.S. 13-80-102). If your injury involved a government vehicle, a CDOT construction zone, or any other public entity, including the active construction at the 120th Avenue interchange, a written notice of claim must be filed within 182 days of discovering the injury (C.R.S. 24-10-109(1)). The 182-day clock runs from the date of discovery of the injury, not from the date of the crash. Missing that notice permanently bars the claim against the government entity.
Comparative fault (C.R.S. 13-21-111)
Colorado applies modified comparative negligence. If your share of fault is less than 50 percent, you can recover and your award is reduced by your percentage of fault. If you are found 50 percent or more at fault, you recover nothing. Insurers routinely try to inflate your fault percentage in catastrophic cases where the damages are large, because even a modest shift in fault allocation can reduce a multi-million-dollar claim significantly. Early evidence preservation and accident reconstruction are essential.
Punitive damages (C.R.S. 13-21-102)
When the at-fault party acted with willful and wanton disregard, such as an impaired driver on I-25 or a truck company that ignored hours-of-service violations, you may also seek exemplary damages. Colorado limits punitive damages to the amount of actual damages awarded (C.R.S. 13-21-102(1)(a)), and a court may increase the award up to three times actual damages for continued willful and wanton conduct during litigation.
Colorado's collateral source rule
Under Colorado's collateral source rule, the at-fault party cannot reduce what it owes you just because you carry health insurance. Health insurance leaves real gaps in a catastrophic case: it does not pay for home modifications, adaptive vehicles, vocational rehabilitation, or most attendant care. The Life Care Plan establishes the full economic value of your lifetime needs, and the defendant cannot claim credit for whatever your insurer might cover.