Colorado Wrongful Death and Catastrophic Injury Cap Increase | A Beacon of Hope for the Injured and Bereaved

For too long, Colorado residents have been robbed of fair compensation for pain and suffering in wrongful death and catastrophic injury claims.

However, in an unprecedented move, the Colorado legislature passed updates to 1980s legislation that significantly underestimated the value of these non-economic damages.

Legislation HB 1472, championed by the Colorado Trial Lawyers Association (CTLA) and other advocates, symbolizes a monumental leap forward, promising a brighter future for Coloradoans seeking rightful compensation.

Fuicelli & Lee aims to dissect these changes and illustrate how our personal injury law firm stands as your unwavering ally in seeking justice after the death or injury of a loved one.

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What’s Included in HB 1472?

House Bill 1472 has significantly restructured general liability and medical malpractice cases that result in catastrophic injury or wrongful death. The most notable aspects of the bill include:

• Expanded eligibility for family members to bring a wrongful death claim
• A significant increase in the cap on non-economic damages
• Changes to joint and several liability laws
• Expanded punitive damage awards

When the bill takes effect on Jan 1st, 2025, Colorado residents will finally be able to seek the justice, protection, and accountability from negligent parties needed to heal and move forward in the wake of a wrongful death or catastrophic injury.

How Are Non-Economic Damages Calculated in Colorado?

When faced with the aftermath of a wrongful death or catastrophic injury, one of the most pressing questions is how pain and suffering and other non-economic losses are quantified for legal and compensation purposes.

The concept of non-economic damages includes:

• Physical and emotional pain
• Loss of enjoyment of life
• Mental anguish and psychological distress

To help assess the value of these complicated losses, Colorado personal injury attorneys at Fuicelli & Lee will consider a variety of factors, including but not limited to:

• The severity and permanency of the pain or suffering
• Impact on daily life activities
• Age and overall health before the injury
• Dissatisfaction with life post-injury

Thanks to HB 1472, these non-economic damages will now be rightfully compensated without an arbitrary cap. This means you could receive a higher compensation for your pain and suffering.

Furthermore, with a founding partner who has personally overcome a catastrophic injury, Fuicelli & Lee offers unparalleled compassion and insight into seeking full compensation under the updated caps.

How Much Is a Colorado Medical Malpractice Case Worth In 2025?

Under HB 1472, the damages cap on general liability claims for medical malpractice will increase from $300,000 to $875,000 over the next five years. The first increase to $415,000 will apply to claims filed on or after Jan 1st, 2025; subsequent increases will happen every two years.

The new legislation also increases wrongful death compensation in medical malpractice cases to $1,575,000 over the next five years. Additionally, it adds a soft cap of 125 percent on wrongful death damages exceeding $1 million.

Who Is Eligible To File A Wrongful Death Claim Under HB 1472?

The outdated statutes of Colorado’s Health Care Availability Act limited who could file wrongful death lawsuits after the loss of a loved one due to someone else’s negligent behavior.

However, HB 1472 expands eligibility for claimants beyond the deceased’s immediate family members to include siblings and siblings’ heirs.

By expanding who can file a claim, HB 1472 removes the obstacles to justice that prevent surviving loved ones from seeking the compensation they deserve.

If you are unsure whether you qualify under the new legislation, Fuicelli & Lee can answer your questions during a free consultation.

Why Do I Need A Personal Injury Lawyer After HB 1472?

Though HB 1472 has paved the way for greatly improved compensation, there is no guarantee that at-fault parties will willingly hand over the settlement you are entitled to.

To recover maximum compensation under the new non-economic damages caps, you will need a personal injury lawyer from Fuicelli & Lee to:

• Establish the full extent of your losses, including non-economic damages
• Prove liability and hold at-fault parties accountable
• Negotiate with insurance companies on your behalf
• Fight for your rights in court if necessary

With our first-hand knowledge of handling these complex cases, you can trust Fuicelli & Lee to listen to your story, provide compassionate legal support, and fight for maximum compensation.

Maximize Compensation For Non-Economic Damages In Colorado Personal Injury and Wrongful Death Claims

The relief HB 1472 provides is a much-needed increase for catastrophic injury victims and family members who’ve lost a loved one due to wrongful death.

With the ability to pursue even higher maximum compensation amounts in 2025 and beyond, there is no better time to stand up for your rights and secure the justice you deserve.

Contact Fuicelli & Lee online or at (303) 444-4444 to protect your financial future after the catastrophic injury or death of a loved one.