In the final week of the 2024 Legislative Session, CTLA achieved a historic milestone with the passage of HB 1472. This legislation is a monumental victory in the pursuit of justice, accountability, and protection for Colorado families. By addressing long-standing caps and expanding the scope of claimants in wrongful death cases, this law ensures a brighter future for victims and their families.

Key Provisions of HB 1472

General Liability: Non-Economic Damage Caps

• Increased Cap: $1,500,000 starting January 1, 2025.
• Applicability: Applies to injuries that occurred before January 1, 2025, if filed before December 31, 2025, and to all injuries that occur on or after January 1, 2025.
• Inflation Adjustment: First adjustment on January 1, 2028, with adjustments every two years thereafter. 

General Liability: Wrongful Death Damage Caps

• Increased Cap: $2,125,000 starting January 1, 2025.
• Applicability: Applies to deaths that occurred before January 1, 2025, if filed before December 31, 2025, and to all injuries that occur on or after January 1, 2025.
• Inflation Adjustment: First adjustment on January 1, 2028, with adjustments every two years thereafter. 
• Expanded Claimants: Siblings and the heirs of siblings can now bring wrongful death claims.

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.

• Applicability:  First increase to $415,000 applies to injuries that occurred on or after January 1, 2024 and before December 31, 2025. (see chart for complete phase in applicability information)

• 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.
• Applicability:  First increase to $555,000 applies to injuries that occurred on or after January 1, 2025, and before December 31, 2025. (see chart for complete phase in applicability information)
• 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.

To help you better understand how and when these new caps apply based on the date an injury accrued, we have included detailed charts below. These charts provide a clear timeline for the implementation of the caps, phased increases, and inflation adjustments for both general liability and medical malpractice cases.

Review the charts below to see:

• The specific cap amounts applicable in each year.
• The relationship between the date of injury accrual and the phase-in periods.
• Inflation adjustments scheduled for future years.