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Limitation on Damages | Damage Caps

In Colorado, certain types of damages are limited by law. Below is a brief summary of some of the limitations that may arise in a personal injury case.

Non-Economic Damages in General:

This category of damages includes things like physical pain, inconvenience, and emotional suffering. These damages are generally caped as follows:

  1. For accidents before January 1, 1998: $250,000 which may be increased to $500,000 by the court upon a showing of clear and convincing evidence for the increase.
  2. For accidents between January 1, 1998 and January 1, 2008: $366,250 which may be increased to $732,500 000 by the court upon a showing of clear and convincing evidence for the increase.
  3. Accident after January 1, 2008: $468,010 which may be increased to $936,030 by the court upon a showing of clear and convincing evidence for the increase.

Wrongful Death Cases:

There are actually separate damage caps that apply to wrongful death claims. Importantly, there are no limitations on “economic” damages. Non-economic damages for the grief and loss of a loved one are generally capped as follows:

  1. For claims that accrue before January 1, 1998: $250,000.
  2. For claims that accrue between January 1, 1998 and January 1, 2008: $341,250.
  3. Claims that accrue after January 1, 2008: $468,010 which may be increased to $436,070.

Dram Shop Cases

These are generally claims against bars and restaurants that knowingly provide alcohol to an intoxicated person who then injures someone.

  1. Pre-January 1, 1998: $150,000.00
  2. Between January 1, 1998 and January 1, 2008: $219,750
  3. After January 1, 2008: $280,810.00

If you or a loved one has been injured in an accident, please contact us today. The expert attorneys at Fuicelli & Lee have helped hundreds of people who have been hurt by the negligence of others.

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