Medical malpractice in Colorado
Act-date damage limits
Colorado medical malpractice recoveries face both a noneconomic damages limit and a total per-patient ceiling that depend on when the care occurred. Most claims must be filed within two years, with a three-year outer limit in ordinary cases, and need a certificate of review.
Last reviewed September 22, 2026
- 2026 noneconomic
- $530,000
- 2026 wrongful death
- $810,000
- Usual filing window
- 2 years
Acts or omissions in 2026, present value
Noneconomic damages in a medical malpractice death case
From accrual, and generally within 3 years of the care
Damage caps
For acts or omissions in 2026, noneconomic damages are generally limited to $530,000. Wrongful-death noneconomic damages in medical cases are generally limited to $810,000. Total damages for a course of care are generally limited to $1,012,500 for 2026 acts, the greater of $1 million or 125 percent of the wrongful-death noneconomic figure then in effect, with a possible court-approved increase for economic losses only.
Included in total
Economic damages
Total recovery for all damages, all defendants, and a course of care is capped at present value per patient. For acts in 2026, that ceiling is generally $1,012,500. The court may award additional economic damages only, for good cause, if applying the total limit would be unfair.
The total limit is the greater of $1,000,000 or 125 percent of the wrongful-death noneconomic limit in effect when the acts or omissions occurred. The good-cause increase does not raise the noneconomic limit.
Capped
Noneconomic damages
Noneconomic damages for an ordinary medical malpractice injury follow a stepped schedule keyed to the date of the act or omission. For an act or omission on or after January 1, 2026 and before January 1, 2027, the limit is $530,000 present value, covering direct and derivative claims. The date of the care controls the step.
Wrongful-death noneconomic damages in a medical case follow a separate higher schedule. For acts or omissions in that same 2026 window, the limit is $810,000. That figure is a noneconomic limit, not the total-recovery ceiling. The existence of the limitations and their exceptions is not disclosed to the jury.
The total per-patient ceiling covers all defendants for the course of care. It is not a separate total for each defendant.
Noneconomic limits by act date
Amounts follow the date of the act or omission under HB24-1472. The 2026 row matches this review.
| Milestone | Noneconomic | Wrongful death noneconomic |
|---|---|---|
| Acts or omissions in 2026Review year | $530,000 | $810,000 |
| Acts or omissions in 2027 | $645,000 | $1,065,000 |
| Acts or omissions in 2028 | $760,000 | $1,320,000 |
| Acts or omissions in 2029 | $875,000 | $1,575,000 |
Each window runs from January 1 of that year through the day before January 1 of the next year. Beginning in 2030, the statute calls for inflation adjustments. For 2026 acts, total damages for a course of care are generally limited to $1,012,500, the greater of $1,000,000 or 125 percent of the $810,000 wrongful-death noneconomic figure. A court may increase economic losses only, for good cause. Acts in 2025 use the earlier step in the statute. Confirm that 2025 dollar amount in HB24-1472 before using it.
Filing deadlines
File within two years of accrual and generally no later than three years after the act or omission, subject to statutory exceptions. File the certificate of review within 60 days after the complaint is served unless the court extends that time.
- General rule
The action must be instituted within two years after the cause of action accrues, and in no event more than three years after the act or omission.
- Exceptions to the outer limit
The three-year outer limit has statutory exceptions, including knowing concealment, leaving a foreign object that has no therapeutic or diagnostic purpose, a case in which both the injury and its cause were unknown and not discoverable with reasonable diligence, and listed paths for minors and people with disabilities.
- Accrual
The claim generally accrues when the injury and its cause are known or should have been known.
- Certificate of review
In a professional negligence action that requires expert testimony, the plaintiff's attorney must file a certificate of review within 60 days after service of the complaint, unless the court allows more time for good cause. The certificate states that a qualified expert was consulted and concluded the claim does not lack substantial justification. Failure to file can support dismissal. The statute is C.R.S. section 13-20-602. An official HTML host for that section was not confirmed for this page.
What cases often look like
These notes describe public legal patterns. They are not case counts, win rates, or rankings.
The cap follows the date of the care
After January 1, 2025, Colorado's story is an act-date schedule for noneconomic damages plus a total per-patient ceiling. Pick the cap from the date of the act or omission.
The certificate of review is the filing trap
The plaintiff's attorney generally must file a certificate of review within 60 days after the complaint is served. Missing that deadline can support dismissal.
Economic losses can exceed the total cap
In a catastrophic medical-cost case, the court may award additional economic damages only, for good cause, if the total limit would be unfair. That path does not lift the noneconomic limit.
Payout context
Payment amounts vary by year, injury, and setting. This page does not state an average payout, a median, or a case count. To predict the payout for a Colorado case, use MedMalPredict AI - Medical Malpractice Outcome Prediction.
The year of the act or omission, and whether the claim is for injury or wrongful death, change which limit applies.
Sources
Official statute and agency pages checked September 22, 2026. First research pass on September 22, 2026. This summary still needs legal review before it is treated as legal advice. HB24-1472, effective January 1, 2025, rewrote the medical malpractice noneconomic and total limits in C.R.S. section 13-64-302 and the medical malpractice wrongful-death noneconomic limits in section 13-21-203. For an act or omission on or after January 1, 2026 and before January 1, 2027, the noneconomic sub-limit is $530,000, the wrongful-death noneconomic limit is $810,000, and total per-patient recovery is generally the greater of $1,000,000 or 125 percent of the wrongful-death figure then in effect ($1,012,500 for 2026). Caps follow the act date. The limitations structure is two years and three years, and a certificate of review is still required. An official HTML host for C.R.S. section 13-20-602 was not confirmed in this pass.
- HB24-1472 (signed PDF) (opens in a new tab)Accessed September 22, 2026
- HB24-1472 bill page (opens in a new tab)Accessed September 22, 2026
- C.R.S. § 13-80-102.5 (statute mirror) (opens in a new tab)Accessed September 22, 2026
Review a case with MedMalPredict
Use MedMalPredict to organize records and timelines. Speak with a Colorado attorney about which yearly cap applies and about certificate-of-review timing.