What is considered a “catastrophic” injury in Colorado?

In the Colorado court system, an injury that is considered catastrophic is defined as an injury that involves “permanent, life-altering damage” that has a significant impact on the day-to-day life and employment of the injured victim. Key examples of catastrophic injuries include severe burns, permanent loss of vision or hearing, spinal cord injuries with paralysis, and Traumatic Brain Injuries.

Are there damage caps in catastrophic injury cases in Colorado?

Yes some damages are capped. The Colorado court system has set damage caps in catastrophic injury cases that are based on the type of loss and compensation. There is no cap on economic damages due to the long-term medical costs and lost future wages tied to a catastrophic injury. Non-economic damages for pain and suffering are capped at $1,500,000 for cases filed in 2026. The compensation and damages for physical impairment and disfigurement are not capped.

How long does a catastrophic injury case take?

The legal process for a catastrophic injury case can be long and complicated — taking 1-3 years. The primary reason that catastrophic injury cases take that long is due to the complex nature of the legal process that can include multiple testimonies from many medical professionals and victims in the case must reach Maximum Medical Improvement (MMI) to receive accurate compensation.

What is "Modified Comparative Fault" in a personal injury case?

Colorado has a “Modified Comparative Fault” law in place that ties compensation to the level of fault. If evidence shows that you are more than 50% at fault in your case, you are ineligible for compensation in a personal injury case. If the evidence shows that you are less than 50% at fault, your compensation will be reduced by the percentage you are at fault.

Liability

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