Colorado Increases Wrongful Death Damages Cap: What It Means for Families in 2025
The tragic loss of a loved one is an experience no family wants to endure. When that loss occurs due to someone else’s negligence, recklessness, or intentional actions, it adds another layer of complexity and grief. In Colorado, the law provides a means for families to seek compensation for their losses through wrongful death claims. A significant update to Colorado’s wrongful death laws took effect on January 1, 2025, increasing the damages cap and expanding who can file a claim. This change marks a major step forward in ensuring fair compensation for grieving families.
Understanding Wrongful Death Claims in Colorado
A wrongful death claim is a civil action brought against a party responsible for causing someone’s death through negligence, recklessness, or intentional acts. In Colorado, these claims are governed by Colorado Revised Statutes (C.R.S.) § 13-21-201 and § 13-21-202. The purpose of a wrongful death claim is to compensate the decedent’s survivors for their economic and non-economic losses resulting from the death.
To succeed in a Colorado wrongful death claim, the following elements must be proven:
- The defendant owed a duty of care to the decedent.
- The defendant breached that duty.
- The breach of duty caused the decedent’s death.
- The survivors suffered damages as a result of the death.
Common grounds for wrongful death claims include negligence (such as car accidents and slip and falls), medical malpractice, defective products, and intentional assault.
Key Changes to Colorado’s Wrongful Death Laws in 2025
House Bill 24-1472, signed into law by Governor Jared Polis on June 3, 2024, brought about significant changes to Colorado’s wrongful death laws, effective January 1, 2025. These changes primarily involve increasing the cap on non-economic damages and expanding the pool of individuals who can file a wrongful death claim.
Increased Damages Cap
One of the most significant changes is the increase in the damages cap for non-economic losses in wrongful death cases. Non-economic damages are losses that do not have a specific monetary value, such as:
- Pain and suffering
- Emotional distress
- Loss of companionship
- Loss of care and protection
Before January 1, 2025, the cap on non-economic damages in wrongful death cases was $679,990. As of January 1, 2025, this cap has increased to $2.125 million. This represents a substantial increase in the potential compensation available to families who have lost a loved one due to wrongful death.
It’s important to note that this new cap applies to all suits filed on or after January 1, 2025, regardless of when the incident occurred.
Adjustments for Inflation
The new law also includes provisions for adjusting the damages cap for inflation. Starting January 1, 2028, the cap will be adjusted every two years to account for changes in the cost of living. This will help ensure that the damages cap remains relevant and fair over time.
Expansion of Eligible Claimants
In addition to increasing the damages cap, House Bill 24-1472 expands the list of individuals who can file a wrongful death claim in Colorado. Previously, only the spouse, children, or parents of the deceased could file a claim. The new law adds siblings to this list, allowing them to seek compensation for the loss of their brother or sister in certain circumstances. Specifically, siblings can file a wrongful death claim if the deceased:
- Does not have a spouse, children, or designated beneficiary
- Is an unmarried minor without a surviving parent
- Is an unmarried adult without a surviving parent or descendants
This change recognizes the close relationships that siblings often share and the significant impact that the loss of a sibling can have on their lives.
Medical Malpractice Cases
The bill also addresses damages in cases of wrongful death caused by medical malpractice. The cap for non-economic losses in medical malpractice wrongful death actions will incrementally increase to $1,575,000 over five years. Thereafter, the cap will be adjusted every two years for inflation.
The schedule for these increases is as follows:
- January 1, 2025: $555,000
- January 1, 2026: $810,000
- January 1, 2027: $1,065,000
- January 1, 2028: $1,320,000
- January 1, 2029: $1,575,000
Exceptions to the Cap
There are certain exceptions to the damages cap in wrongful death cases. For example, there is no cap on damages if the wrongful act that caused the death constitutes a felonious killing, as defined under Colorado statute. This means that if someone is intentionally killed, the surviving family members may be able to recover unlimited damages.
Economic Damages
It is important to note that Colorado does not have a cap on economic damages in wrongful death cases. Economic damages are those that can be easily quantified, such as:
- Medical expenses
- Funeral costs
- Lost wages
- Loss of future earnings
Families can recover the full amount of their economic losses, regardless of the cap on non-economic damages.
Statute of Limitations
In Colorado, the statute of limitations for filing a wrongful death claim is generally two years from the date of death. However, there are some exceptions to this rule. For example, if the death was caused by a hit-and-run accident, the statute of limitations is four years. It is important to consult with an attorney as soon as possible to ensure that the claim is filed within the applicable statute of limitations.
The Impact on Families
The increase in the wrongful death damages cap and the expansion of eligible claimants are expected to have a positive impact on families who have lost loved ones due to wrongful death. The higher damages cap will allow families to recover more compensation for their non-economic losses, such as pain and suffering, emotional distress, and loss of companionship. The expansion of eligible claimants will allow more family members, such as siblings, to seek compensation for their losses.
Seeking Legal Assistance
If you have lost a loved one due to someone else’s negligence, recklessness, or intentional actions, it is important to seek legal assistance from an experienced Colorado wrongful death attorney. An attorney can help you understand your rights, navigate the legal process, and pursue the compensation you deserve.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. You should consult with an attorney to discuss your specific legal situation.