How Colorado's HCAA non-economic caps work
House Bill 24-1472 raised Colorado's medical malpractice non-economic damage caps effective January 1, 2025, and set a multi-year schedule of further increases. The non-economic cap under C.R.S. 13-64-302(1)(c) is $415,000 for injuries occurring in 2025, rising to $530,000 in 2026, $645,000 in 2027, $760,000 in 2028, and $875,000 in 2029. For medical malpractice wrongful death claims, the separate cap under C.R.S. 13-21-203(1)(b) is $555,000 in 2025, $810,000 in 2026, $1,065,000 in 2027, $1,320,000 in 2028, and $1,575,000 in 2029. The figure that applies to a given case depends on when the negligent act or omission occurred.
- The cap applies only to non-economic damages. Medical bills, lost wages, and future care costs are not capped in any year.
- In catastrophic cases, the uncapped economic losses, including lifetime care costs and lost earning capacity, often represent the largest share of the claim's total value.
- Colorado's comparative negligence rule (C.R.S. 13-21-111) applies: if a patient is found to share responsibility for the harm, the damages award is reduced by their percentage of fault, and a patient found 50 percent or more at fault recovers nothing.
Because non-economic damages are capped but economic losses are not, building the record around every documentable economic harm is one of the most important strategic decisions in a serious malpractice case. We work with life-care planners, vocational experts, and medical economists to make sure every uncapped dollar is captured.