Tort reform refers to setting limits on how much the at-fault party would need to pay the victim in certain injury cases. Currently, 23 states have laws that set caps for “noneconomic damages,” including Colorado.
Major Caps and Exceptions
Colorado tort law sets the limit for damages related to pain, suffering and emotional distress at $468,010. Why such an odd number? The legislature originally set the amount at $250,000 and decided to add an extra interest rate determined by the Secretary of State. However, if the prosecution can provide “clear and convincing” evidence that the plaintiff deserves more than that amount, the court can double the total to $936,030, though that rarely happens.
That amount by itself is not much, especially considering all the past and present medical costs, hospital bills and lost wages associated with these types of injury claims (defective products, premises liability, truck accidents, etc). Fortunately, these medical costs usually fall under economic damages that do not have caps. Victims can still receive enough money to recover from their injuries as long as they have a lawyer who knows the system inside and out.
Other Caps on Damages
In medical malpractice cases, the limit is set at $300,000. There is very little leeway in these cases, unfortunately.
The state caps wrongful death damages at $436,070. For heirs to receive damages on behalf of the deceased, they must prove that they experienced sadness and loss.
Still confused about Colorado tort laws? Feel free to contact us. The initial consultation is free, and we are happy to answer your questions.
The Metier Law Firm, LLC – Denver injury lawyers