Colorado Personal Injury Laws

When an injury could not reasonably have been discovered at the time it occurred, the statute begins running from the date the injury was or should have been discovered.

Wrongful death claims must be filed within 2 years of the date of death (not date of injury). Extended to 4 years if caused by vehicular homicide.

If a person is a minor or mentally incompetent when the cause of action accrues, the statute is tolled until the disability is removed.

Assault, battery, and false imprisonment claims must be filed within 1 year.

HB24-1472 increased the noneconomic damage cap from ~$642,180 to $1,500,000 for actions filed on or after January 1, 2025. Biennial inflation adjustments begin in 2028.

Wrongful death noneconomic damages are capped at $2,125,000 for actions filed 2025+. No cap applies if the death was caused by a felonious killing.

Punitive damages are capped at 1x actual damages by default. The court may increase to 3x actual damages upon clear and convincing evidence of willful and wanton continued conduct.

Colorado abolished joint and several liability. Each defendant is responsible only for their proportional share of fault, except in specific cases like concert of action or violation of hazardous waste laws.

Actions for wrongful death may be brought by the surviving spouse, children, or parents. Damages include loss of income, loss of companionship, grief, funeral expenses, and noneconomic damages.