For decades, Colorado personal injury law relied on a confusing system of "soft caps" that could be doubled with "clear and convincing evidence" and were adjusted every two years for inflation. That era is over. With the passage of HB24-1472, the state has moved to a simplified—but higher— baseline for non-economic damages.[1]
For victims, this means more certainty but also new strategic considerations. The new $1.5 million capfor general personal injury cases provides a higher ceiling for severe trauma, but it removes the judicial discretion that used to allow exceeding the limit in rare cases.[3]
If you are evaluating a settlement offer in 2026, you need to know exactly which numbers apply to your accident date. The Colorado Settlement Calculator has been updated with this 2026 logic to help you benchmark your demand.
The New 2026 Baseline: $1.5 Million
For civil actions filed on or after January 1, 2025, concerning claims that accrued on or after that date, the cap on non-economic damages is $1.5 million.[1] This figure remains in effect throughout 2026.
Key differences from the old law:
- No more doubling: The old rule allowed judges to double the cap if you proved clear and convincing justification. The new $1.5M limit is a "hard cap"—you cannot exceed it for pain and suffering, inconvenience, or emotional stress.[2]
- Combined bucket: This single cap covers all non-economic losses. Economic damages (medical bills, lost wages) remain uncapped.
- Inflation pause: Unlike the old system which adjusted for inflation every two years, this $1.5M baseline stays flat until January 1, 2028.[1]
2024 vs. 2025 vs. 2026 Comparison
| Damage Type | 2024 (Pre-Act) | 2025 (New Law) | 2026 Status |
|---|
| General Non-Economic | ~$729,790 (Soft Cap) | $1,500,000 | Remains $1.5M |
| Wrongful Death | ~$679,990 | $2,125,000 | Remains $2.125M |
| Med Mal (Non-Econ) | $300,000 | $415,000 | $530,000 |
*Note: The 2026 Med Mal increase applies to claims accruing Jan 1, 2026 – Jan 1, 2027.
The 2026 Medical Malpractice Escalator
While general injury caps are flat for 2026, medical malpractice limits are moving. The legislature created a five-year phased increase for these specific claims.[4]
If your medical negligence claim accrues in 2026, the non-economic cap jumps to $530,000 (up from $415,000 in 2025). The wrongful death cap for medical malpractice also rises to $810,000.[4]
Strategic Tip
This creates a strict timeline sensitivity. A surgical error on December 31, 2025, is capped at $415,000. The same error on January 1, 2026, allows for $530,000 in pain and suffering. Confirm your "date of accrual" (usually the date of injury or discovery) with an attorney immediately.