Damage Caps or Limitations in the Civil Case

Justice for the Seriously Injured

 

 

 

 

 

 

 

 

 

 

Colorado

The following damages limitation statutes apply to cases where injury occurs within the State of Colorado*

  • Losses for pain and suffering, disability, etc. (non-economic losses) generally (all personal injury, except federal civil rights claims, unless a specific cap applies) are capped at $436,070 unless the court finds clear and convincing evidence to exceed the cap, then $936,030.  Reference:  C.R.S. 13-21-102.5(3)(a)
  • Losses for grief (non-economic losses) in wrongful death cases are capped at  $436,070, and the alternative solatium amount is $87,210, unless the killing is felonious (unlimited).  Reference:  C.R.S. 13-21-203(1) and 203.5.
  • Losses to any individual in a claim against a governmental entity or employee (except punitive) are capped at $350,000 and any number of persons a total of $990,000 per incident.  Reference:  C.R.S. 24-10-114(1)
  • Noneconomic losses to any individual in a ski or snowboard accident (except tramways) are capped at $250,000 .  Reference:  C.R.S. 33-44-113

Indiana

The following damages limitations apply to cases where injury occurs within the State of Indiana*

  • The total amount recoverable for the injury or death of a patient is capped at $1,250,000.  Reference: I.C. 34-18-4-3
  • Losses for loss of love and companionship of an adult for wrongful death is capped at $300,000.  Reference:  I.C. 34-23-1-2(c)(3)(B)
  • Losses of an individual in claims against governmental employees or entities are capped at $700,000, and $5,000,000 for all persons in an occurrence.  Reference:  I.C. 34-13-3-4(a)(1)(C) & (2)

*updated July 1, 2013.  Always consult with a lawyer about the specific facts of your case to determine the applicable damage laws.

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