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Colorado PI Settlement Calculator

Colorado Legal Guide

Colorado Personal Injury Legal Playbook

This reference distills Colorado’s core personal injury rules—comparative negligence, statutes of limitations, and damage caps—so you can benchmark any case alongside our settlement calculator. Each section links to deeper resources, citations, and workflow checklists that keep intake teams on deadline.

Comparative negligence at a glance

Colorado’s modified comparative negligence statute bars recovery at 50 percent fault and reduces awards by the plaintiff’s share below that threshold.[1] Use the table to show clients how a small change in fault percentage reshapes the net recovery.

Claimant FaultGross DamagesNet RecoveryEligible?
10%$150,000$135,000Yes
25%$150,000$112,500Yes
40%$150,000$90,000Yes
49%$150,000$76,500Yes
50%$150,000BarredNo
  • Defendants can name “empty chair” nonparties to siphon off fault—rebut speculative designations within 21 days of filing.[2]
  • Collateral source payments cannot reduce the verdict unless statutory procedures are satisfied; reinforce this during negotiations.[9]

Need a deeper dive? Read the full comparative negligence guide for evidence checklists and negotiation scripts.

Statute of limitations quick reference

Standard windows

  • Motor vehicle collisions: 3 years from the crash.[3]
  • General negligence & premises: 2 years from the incident.[4]
  • Medical malpractice: 2-year discovery rule with a 3-year repose ceiling.[6]

Key exceptions

  • Government defendants: CGIA notice within 182 days + 2-year statute.[5]
  • Wrongful death: 2 years from death, extended to 3 when a hit-and-run is involved.[8]
  • Minors/incapacitated: Tolling applies, but track motor vehicle cases closely once the claimant turns 18.[3]

For a full chart, consult the Colorado statute of limitations guide with workflow timelines and citations.

Damage caps & valuation anchors

Colorado limits noneconomic damages unless the plaintiff proves clear and convincing evidence to increase the cap.[7] Economic losses are uncapped, and punitive damages are rare. Map every calculator run against these benchmarks.

  • Noneconomic cap (general PI): $729,790 for incidents before Jan. 1, 2025; $1.5M after Senate Bill 24-130 adjustments.[7]
  • Wrongful death solatium: Statutory alternative to noneconomic damages; current value $598,350 (adjusted biennially).[8]
  • Collateral sources: Settlements may still recover write-offs if the provider has a valid lien or subrogation interest.[9]

Explore the 2025 damage cap explainer for category-by-category ceilings.

Intake & negotiation checklist

  1. Confirm incident date, defendant type (private vs. government), and any minors involved within 48 hours.
  2. Gather objective liability proof: crash reports, CCTV/dashcam, site inspections, and nonparty contract documents.
  3. Run the settlement calculator twice—once at zero fault and once at the defense’s alleged percentage—to frame your negotiation brackets.
  4. Compare calculator outputs with cap ceilings; note if non-economic awards will hit the statutory maximum.
  5. Package liens, medical specials, and noneconomic narratives using our valuation workflow before sending the demand.

References