Colorado Medical Malpractice Damage Caps Update
Last updated on February 10, 2026
Medical malpractice recovery in Colorado is changing. Injured patients should understand how these changes affect potential compensation. For decades, damage limits stayed fixed, even as medical costs and losses increased. With new statutory updates taking effect in 2026, it is important to work with an attorney to protect your claim, apply the correct limits and pursue fair damages allowed by Colorado law.
These increases under HB-24-1472 also apply to Wrongful Death Claims that are the result of medical negligence.
What is the Colorado medical malpractice damage cap for 2026?
In Colorado, under HB-24-1472, noneconomic damage caps will rise to $530,000 and wrongful death damage caps will rise to $810,000. Both caps will continue to rise through 2029, meaning that those who file medical malpractice claims after 2025 may receiver larger settlements.
2026 Colorado Medical Malpractice Statutory Limits
| Recoverable Damage Type | Cases Before Jan 1, 2025 | 2025 Claims Schedule | 2026 Claims Schedule |
|---|---|---|---|
| Non-Economic Damages | $300,000 | $415,000 | $530,000 |
| Wrongful Death Limit | $300,000 | $555,000 | $810,000 |
| Economic Damages | Uncapped | Uncapped | Uncapped |
Swipe left to view full schedule →
The Viorst Law Offices, P.C., has more than 30 years of experience representing injured clients. Based in Denver, Colorado, we focus on complex injury and malpractice matters with a long-standing record of courtroom work. Our lawyers understand how statutory caps, court decisions and timing rules interact under Colorado law.
A New Era Of Malpractice Recovery In Colorado
Colorado’s medical malpractice damage caps, which remained at $300,000 for many years, are now subject to a required multiyear increase under HB 24-1472 damage caps. These increases apply to claims where the act of malpractice occurs on or after January 1, 2026. 2026 statutory limits under HB 24-1472 include:
- Noneconomic damages: Increased to $530,000, up from $415,000 in 2025. These damages cover pain and suffering, emotional distress and loss of enjoyment of life.
- Wrongful death damages: Increased to $810,000, up from $550,000 in 2025. These limits apply to the grief and loss experienced by surviving family members.
These figures also affect Colorado wrongful death limits in 2026 and will continue to rise through 2029.
Exceptions And The Good Cause Rule
Economic damages, such as medical bills, future care costs and lost wages, remain uncapped when supported by strong evidence.
In Banner Health v. Gresser, the Colorado Supreme Court confirmed that when “good cause” is shown, a jury, not a judge, determines the final award amount. This can allow recovery beyond statutory caps in catastrophic cases.
Claims based on injuries occurring before 2025 remain subject to the former $300,000 cap. Colorado also enforces a strict three-year statute of repose, which bars claims filed after that period, regardless of discovery. This makes timing a critical factor when filing your claim.
Higher damage caps Demand Strong Legal Action In Denver, Colorado
To discuss how the new damage limits may apply, The Viorst Law Offices, P.C., is prepared to protect your claim. Call 303-872-5712 or fill out the online contact form to get started with a free initial consultation. If you cannot make it to the Greenwood Office, our Colorado attorney will come to you.
