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COLORADO

Negligence / Personal Injury

years with Discovery Rule (except auto accidents is 3 years).

Wrongful Death

years

Damages in action for wrongful death limited, except where cause of death is felonious killing, in which case there is no limitation on damages recoverable. 

Medical Malpractice

years from date of accrual. SOR is 3 years from date of act.  If malpractice was knowingly concealed, or foreign object, then 2 years from discovery.  Child under 8, who was under 6 at time of malpractice, must bring claim before 8th birthday or action is on behalf of person otherwise under disability.

Caps: 

Periodic payments if award exceeds $150,000. Provides caps to $1,000,000 maximum for pain and suffering per patient and not more than $250,000 present value per patient attributable to economic loss or injury. Allows court discretion to allow periodic payments of future damages of less than that amount. $1,000,000 total limit on all damages; $300,000 non-economic limitation.

Malpractice (Other Professions)

years

Products Liability

years with Discovery Rule.

Intentional Torts

year

Fraud

years except for fraud or deceit in used car sales when SOL is 2 years.

Municipal Liability/Sovereign Immunity

6 Month SOL to give notice to municipality after discovery of injury.
Although sovereign immunity has been abolished, numerous rules and limitations apply waived for motor vehicle accidents, operation of certain public facilities, dangerous highways, roads, and streets. Limit of $150,000 on damages per person and $600,000 per occurrence unless increased by governing body.

Discovery Rule

SOL runs from when injury is, or should have been discovered. See specific torts above.

Comparative Negligence

Not bar to recovery if negligence of person seeking recovery not as great as negligence of person against whom recovery is sought. Negligence of multiple defendants is to be combined when compared against plaintiff’s negligence and damages. Recovery from multiple defendants found liable unless plaintiff was 50% or more at fault.

Charitable Immunity

Abolished

Disabilities

Insanity, infancy (18 th birthday), incompetence, or imprisonment, SOL runs from removal of disability. Special provisions relate to sexual assaults on minors.

Damages

In order to recover, plaintiff’s negligence must be less than that of defendant’s. $500,000 limit on pain and suffering for personal injury. Derivative damages awarded up to but no more than $250,000 if court finds they are justified by clear and convincing evidence. Recovery for physical impairment or disfigurement not limited. Ski Safety Act of 1979 amended to limit damages against ski area operators to $1,000,000 present value, also $250,000 cap on non-economic damages and derivative claims.

Punitive Damages

May be awarded in circumstances of fraud, malice, or willful or wanton conduct.  Requires proof beyond a reasonable doubt and may not ordinarily exceed compensatory damages. Court may increase to three times compensatory damages in certain situations. May also be awarded by for wrongful death attended by services of fraud, malice or willful and wanton conduct except in medical malpractice cases.
No punitive damages against municipalities.

No-Fault Insurance

None

Other Relevant Information

6 years: Injury based on sexual assault or sexual offense against a child (infancy disability applies).

3 years: Motor vehicle accidents.

2 years: Against government if insured.

2 years: Action against ski areas ($1,000,000 limit).

Consumer Fraud Complaint

Colorado Office of the Attorney General, Consumer Protection
http://www.coloradoattorneygeneral.gov/consumer_questions
(303)866-4500
(303)866-5691 (Fax)