Colorado’s damages caps, rewritten in 2024
For the first time in a generation, Colorado rewrote its malpractice damages caps: House Bill 24-1472 (2024) raises the non-economic cap in annual steps, from the long-standing $300,000 toward $875,000 by January 2029. Under the Health Care Availability Act (C.R.S. § 13-64-302), Colorado has historically capped total malpractice damages at $1 million, with non-economic losses limited inside that figure, but courts may exceed the overall cap for good cause when a child’s actual economic losses, like lifetime care costs, demand it. Because the numbers now change each January and depend on when a claim accrues, the operative cap for your family’s case is a question for counsel, not a chart.
What has not changed: economic damages in catastrophic cases (the life-care plan for a child with a permanent brain injury) remain the engine of case value, and Colorado courts routinely address them above the nominal cap.
Filing deadlines and the rule for young children
Colorado’s malpractice statute of limitations is two years from when the injury and its cause were or should have been discovered, with a three-year outer limit from the act (C.R.S. § 13-80-102.5). The repose yields only for knowing concealment, foreign objects, and injuries that could not reasonably be known within the period.
For birth injuries the critical subsection is (3)(d): a child injured before age six must have their claim filed by their eighth birthday. That is real time to investigate, but far less than the age-twenty windows some states allow, and the parents’ own claims follow the standard adult deadlines. Our statute of limitations guide explains how these clocks layer; a records review answers which one governs your facts.
The certificate of review
Within sixty days of serving a malpractice complaint, Colorado requires the plaintiff’s attorney to file a certificate of review (C.R.S. § 13-20-602) declaring that they have consulted a qualified expert who reviewed the known facts and concluded the claim does not lack substantial justification. Miss it without good cause and the case is subject to dismissal. Practically, this means a physician must see merit in the records before a Colorado suit gets far, which is also why the free review comes before the courthouse.
Who handles Colorado birth injury cases
Not every birth injury is malpractice. Some injuries occur despite careful, appropriate care, and honest review sometimes ends there. Claims proceed when the records show preventable failure: fetal distress visible on the monitor with no timely response, a delayed cesarean, mismanaged shoulder dystocia, or newborn jaundice allowed to progress. The conditions at the center of these cases include hypoxic-ischemic encephalopathy (HIE), cerebral palsy, and Erb’s palsy nerve injuries. Colorado’s Front Range delivery systems and Level IV NICUs (Aurora, Denver, Colorado Springs) generate the fetal strips, cord gases, and NICU charts a case is built from; military families at Fort Carson or the Air Force Academy may instead be under the Federal Tort Claims Act’s separate rules.
Two named firms stand behind Birth Injury Advocate: Banville Law (New York and Washington, D.C.) and The Weitz Firm, LLC (Pennsylvania and New Jersey). Neither is licensed in Colorado. When you contact us about a Colorado delivery, we connect your family with the alliance’s vetted network of local birth injury attorneys: Colorado-licensed lawyers who track the HB24-1472 cap schedule and work with the experts the certificate of review requires. The consultation costs nothing, and any fee comes only from a recovery.
A Colorado birth injury claim for a newborn generally must be filed by the eighth birthday. If you are wondering whether the records support a claim, find out while the answer still matters.
Frequently asked questions
How long do I have to file a birth injury lawsuit in Colorado?
Two years from discovery with a three-year outer limit (C.R.S. § 13-80-102.5), but a child injured before age six must have the claim filed by the eighth birthday under subsection (3)(d). Parents’ own claims follow the standard adult deadlines.
Does Colorado cap damages in birth injury cases?
Yes, subject to important exceptions. The Health Care Availability Act (C.R.S. § 13-64-302) caps malpractice damages, and HB24-1472 (2024) is raising the non-economic cap in annual steps toward $875,000 by 2029. Courts may exceed the overall cap for good cause to cover proven economic losses like lifetime care costs.
What is Colorado’s certificate of review?
A filing required by C.R.S. § 13-20-602 within sixty days of serving the complaint, in which the plaintiff’s attorney certifies that a qualified expert reviewed the case and found it substantially justified. Without it, a malpractice suit faces dismissal.
Sources
- C.R.S. § 13-80-102.5: limitations on medical malpractice actions; provisions for minors under six.
- C.R.S. § 13-64-302: Health Care Availability Act damages limitations.
- Colo. HB24-1472 (2024): phased increases to malpractice damages caps through 2029.
- C.R.S. § 13-20-602: certificate of review in actions against licensed professionals.
This page is for general education and is not legal advice; statutes and cases are cited by name and number so you can verify them, and deadlines depend on facts specific to your case. Legal statements reflect the reviewing attorneys’ professional experience. Attorney advertising. Prior results do not guarantee a similar outcome.