Kim Koehler (Of Counsel-Denver, CO) authored “Personal Injury, Wrongful Death Damage Caps Raised,” appearing in the July 2, 2024, posting of CLM Magazine. Kim examines Colorado House Bill 24-1472, effective for actions filed on or after January 1, 2025, which raises caps on non-economic damages, wrongful death damages and medical malpractice damages and allows siblings of the deceased to bring a wrongful death action under certain circumstances. The article details the significant rise in cap amounts, changes related to the timing for filing claims and the implications of claims no longer being tied to the date of the loss or accident. Not all bad news for defense counsel and their clients, “the potential for plaintiffs to ask the court to double the cap upon ‘clear and convincing evidence’ has been eliminated.” The new law also “removes the risk of a ballot measure seeking to eliminate all caps,” initiatives which were being sought by the Colorado Trial Lawyers Association, the local plaintiffs’ bar.  Kim notes that among the ramifications of the House Bill’s enactment, beyond the significant cap increases, is an important provision in the new law that will likely result in a decrease in the filing of new personal injury suits in Colorado courts until the end of 2024, and an increase in the number of suits filed on or after January 1, 2025, which will allow plaintiffs to take advantage of the new caps. That is, of course, unless a plaintiff is up against a statute of limitations that expires before the end of the year.

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