Statute of Limitations
- 2 years. (Colorado Revised Statutes, Title 13 (Courts and Court Proceedings), Article 80 (Limitations – Personal Actions), 13-80-102 – General limitation of actions, two years)
- Medical malpractice – 2 years from date of accrual. If malpractice was knowingly concealed or involved a foreign object, then 2 years from discovery. Child under eight, who was under six at time of malpractice, must bring claim before eighth birthday or action is on behalf of person otherwise under disability. (Colorado Revised Statutes, Title 13 (Courts and Court Proceedings), Article 80 (Limitations – Personal Actions), 13-80-103)
Damages Cap
- Civil action other than medical malpractice: Noneconomic damages are limited to $250,000, unless the court finds justification by clear and convincing evidence to increase damages. (Colorado Revised Statutes §13-21-102.5 – Limitations on damages for noneconomic loss or injury)
- Medical malpractice: Damages (past and future) are capped at $1 million per patient, including any claim for derivative noneconomic loss or injury, of which not more than $300,000 shall be attributable to direct or derivative noneconomic loss or injury (unless court determines that damages exceeding this limitation would be fair, then court may award in excess of the limitation the present value of additional past and future damages only). (Colorado Revised Statutes §13-64-302)
Statute of Limitations
Damages Cap
- Civil action other than medical malpractice: Noneconomic damages are limited to $250,000, unless the court finds justification by clear and convincing evidence to increase damages. (Colorado Revised Statutes §13-21-102.5 – Limitations on damages for noneconomic loss or injury)
- Medical malpractice: Damages (past and future) are capped at $1 million per patient, including any claim for derivative noneconomic loss or injury, of which not more than $300,000 shall be attributable to direct or derivative noneconomic loss or injury (unless court determines that damages exceeding this limitation would be fair, then court may award in excess of the limitation the present value of additional past and future damages only). (Colorado Revised Statutes §13-64-302)
- Protective Services for At-Risk Adults – (Section 26-3.1-101, C.R.S., et seq)
- Wrongs to At-Risk Adults – (Section 18-6.5-101, C.R.S., et seq)
Disclaimer:
While we endeavor to keep this website current, the information and laws published here are subject to change. This web site may not immediately reflect such changes, and should not be considered legal advice. Please consult a lawyer if you have a specific legal problem.
more information »About Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the…
