Understanding Colorado’s New Medical Malpractice Damage Caps
In June 2024, Governor Jared Polis signed House Bill 24-1472. As of January 1, 2025, the new law dramatically increases the following damage caps.
Medical Malpractice: Non-Economic Damage Caps
- Increased Cap: $875,000 phased in over five years with an annual increase of $115,000 until January 1, 2029.
- Initial Adjustment: First increase to $415,000 applies to claims filed or relief accrued on or after January 1, 2025.
- Inflation Adjustment: Begins January 1, 2030, with adjustments every two years thereafter.
- Soft Cap: Set at 125% of wrongful death damages once wrongful death damages exceed $1 million.
Medical Malpractice: Wrongful Death Damage Caps
- Increased Cap: $1,575,000 phased in over five years with an annual increase of $255,000 until January 1, 2029.
- Initial Adjustment: First increase to $555,000 applies to claims filed or relief accrued on or after January 1, 2026.
- Inflation Adjustment: Begins January 1, 2030, with adjustments every two years thereafter.
- Soft Cap: Set at 125% of wrongful death damages once wrongful death damages exceed $1 million.
- Expanded Claimants: Siblings and the heirs of siblings can now bring wrongful death claims.
At Leventhal Puga Braley P.C., we’ve been helping victims of catastrophic injury and medical negligence for decades. As recognized leaders in Colorado malpractice law, we are here to explain what HB24-1472 does, who it affects, and how it may impact your claim or lawsuit in 2025 and beyond.
Our nationally recognized trial attorneys won’t back down from anybody when it comes to getting justice for our clients.
What Are Medical Malpractice Damage Caps?
Damage caps are legal limits on the amount of compensation a person may be able to receive in a civil lawsuit, regardless of the actual harm suffered.
What Is a Medical Malpractice Lawsuit?
Victims of serious medical malpractice, such as those with permanent brain damage, birth injuries, or loss of mobility, often face decades of pain and reduced quality of life. Medical malpractice also causes fatalities.
In a Colorado medical malpractice lawsuit, individuals harmed by a healthcare provider’s negligence may pursue compensation in the form of economic damages, non-economic damages, and wrongful death damages in cases resulting in fatal outcomes.
Economic damages are intended to reimburse measurable financial losses. These include the cost of past and future medical treatment, hospital stays, prescription medications, physical therapy, and any required long-term or in-home care.
Victims may also claim compensation for lost income if the injury prevents them from working. If the medical malpractice results in a permanent disability, victims may recover for loss of earning capacity—the difference between what they could have earned before the injury and what they may be able to reasonably earn afterward.
On the other hand, non-economic damages may include compensation for physical pain, emotional distress, anxiety, disfigurement, loss of enjoyment of life, and the overall impact the injury has had on the person’s well-being.
In cases where medical malpractice leads to death, wrongful death damages may be sought by surviving family members. These damages may include funeral and burial costs, the decedent’s medical expenses related to the malpractice, loss of companionship, emotional grief, and loss of financial support the deceased would have provided.
Who Is Affected by the New Damage Caps?
The new caps affect patients and families in medical malpractice or wrongful death cases arising on or after January 1, 2025. This includes individuals harmed by:
- Surgical errors
- Birth injuries
- Medication or anesthesia mistakes
- Misdiagnosis or delayed diagnosis
- Emergency room negligence
- Post-operative infections
- Nursing or hospital staff malpractice
Reasons to Choose Leventhal Puga Braley P.C.
We have secured some of the largest medical malpractice verdicts in Colorado history, including jury awards that exceeded statutory caps. For example, we secured $17.8 million in a jury verdict on behalf of a child with severe brain damage caused by medical negligence.
Our attorneys prepare every case for trial and fight to make sure our clients’ voices clients heard.
Frequently Asked Questions
Can I still bring forth a claim if my injury happened before 2025?
Yes, you may be able to bring forth a claim, but the pre-2025 caps will apply. That said, you may still be eligible for significant compensation depending on your case’s economic damages.
What if I’m unsure when the malpractice occurred?
If your injuries resulted from a series of failures or continuing care, our team can help determine whether the incident qualifies under the post-HB24-1472 rules.
Do these changes make it easier to win a malpractice case?
No. The burden of proof remains high, and malpractice cases require expert testimony, strong evidence, and strategic legal work. That’s why choosing a premier Denver injury attorney is essential.
Speak With Our Trusted Medical Malpractice Attorneys in Denver
If you or a loved one has suffered due to a medical error, the consequences may be life-changing. At Leventhal Puga Braley P.C., we fight to hold negligent healthcare providers accountable, pursuing the full compensation our clients deserve.
Call our law firm today at (303) 759-9945 or toll-free at (877) 433-3906 to schedule a no-charge initial consultation with our Denver medical malpractice lawyers.