Damages in Personal Injury Cases in Colorado

A person injured or harmed by the negligence or unlawful conduct of another may be able to seek compensation from the person or business who is responsible for the injury by filing a claim in a court of law. Personal injury claims include those resulting from events such as automobile accidents, dog bites, medical malpractice, product defects, and workplace accidents. There are generally three main types of damages that personal injury claimants may be able to recover in a lawsuit: (1) economic damages; (2) non-economic damages; and (3) punitive damages. This article discusses each of these categories of damages, Colorado’s modified comparative fault rule, which can reduce or eliminate an injured party’s ability to recover damages, and insurance policy limits which may also affect the ability to recover damages.

Economic damages are actual financial losses resulting from an injury. Economic damages include medical expenses such as an ambulance ride, ER visit, hospital stay, imaging, blood tests, doctor appointments, medical equipment, physical therapy, and prescriptions. Economic damages also include things like lost wages, lost earning capacity, and property damage related to the accident.

Non-economic damages are subjective losses resulting from an injury, such as emotional distress, pain and suffering, disfigurement, loss of certain familial relationships, and lost quality of life. Colorado law limits the amount of non-economic damages that can be recovered in personal injury cases. These limits are called “damages caps.” For more on damage caps and recent increases to damage caps, read BHGR’s Damage Limits Increasing in Personal Injury Lawsuits in 2025 and Seven Things to Know About Personal Injury Claims in Colorado.

In cases where the party who caused the injury acts willfully, wantonly, maliciously, or with reckless disregard for the safety of others, punitive damages may also be recovered. Punitive damages are on top of any recoverable economic and non-economic damages. Punitive damages are designed to punish egregious behavior by the person or business responsible for the injury. Depending on the facts of the case, punitive damages can double or triple the amount of the economic and non-economic damages awarded.

Colorado has what is known as a “modified comparative fault rule” that applies to personal injury claims. If the injured person is partially at fault, the amount of that person’s damages will be reduced by his/her/their percentage of fault. However, the injured person is prohibited from recovering any damages if he/she/they are more than 50% at fault.

Damages for personal injury claims are frequently paid by an insurance company where the person or business who is responsible for the injury or the injured person (or both) have an insurance policy that covers the claim. But it is important to keep in mind that every policy limits the maximum amount an insurer may have to pay for the injury, even if the injured person’s damages are greater than the limit.

BHGR’s Personal Injury Group has significant experience handling civil matters involving severe personal injury and wrongful death in automobile, workplace, dog bite, and jobsite accidents, as well as other catastrophic events. Our attorneys also routinely handle insurance-related coverage disputes.