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Colorado Damage Caps for Personal Injury Claims If there is convincing evidence that an increase is justified, you can be awarded up to $936,030. Pain and suffering in medical malpractice claims are subject to a different damage cap.

There is no cap on economic damages in Colorado. This means there is no ceiling on losses resulting from quantifiable, out-of-pocket costs like medical bills, lost wages, and property damage.

It is a check of the Colorado Adult Protective Services data system (CAPS) to determine whether an individual has been substantiated of physical abuse, sexual abuse, caretaker neglect, exploitation, or a harmful act. A CAPS check does NOT replace any other requirements for background checks that apply to your agency.

There is a cap on punitive damages in Colorado. The award cannot exceed the amount of “actual damages.” For example, if a plaintiff is awarded $100,000 in compensatory damages, then he/she can recover up to an additional $100,000 in punitive damages.

The cap is $250,000, adjusted for inflation. However, if there is clear and convincing evidence that a higher amount is appropriate, the limit may be raised. If the case is a medical malpractice case, separate laws apply that impose different limits periodically adjusted for inflation.

In addition, four state constitutions prohibit damages caps in wrongful death claims: New York, Ohio, Oklahoma, and Utah.

Please use Chrome, Firefox or Safari as your browser. The CAPS Check Unit will return results within five business days. CAPS Checks will not be performed on state-observed holidays. Please note: Per the Colorado Code of Regulations, 12 CCR 2518-1, Volume 30.960.