Colorado: Initiative to Remove Damage Caps on Catastrophic Injury, Wrongful Death Submitted

A draft initiative that would remove caps on damages involving catastrophic injury or wrongful death was submitted to the Colorado Legislative Council staff on Jan. 18.

According to the initial draft document, “notwithstanding any contrary limit on any type of damages found in law, an injured person or their family has the right to recover, without limitation, the total amount of damages awarded by a jury or judge in a claim involving catastrophic injury, including wrongful death.”

An issue committee, Coloradans for Accountability, which is supported in part by the Colorado Trial Lawyers Association, is behind the effort to place two statewide initiatives before Colorado voters in November.

One initiative would end statutory non-economic damages caps for wrongful death and catastrophic injury suits in the state. The other would expand the medical records patients are able to access following incidents that cause or could have caused injury or death.

Currently, Colorado law caps noneconomic damages for catastrophic injury claims at $642,180 and wrongful death claims at $598,350. If a healthcare practitioner causes the injury or death, the cap on noneconomic damages in Colorado is $300,000.