Colorado applies modified-50 comparative fault with inflation-indexed non-economic caps and a hard medical-malpractice ceiling of $1 million total recovery. For medical negligence claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Colorado's modified comparative — 50% bar and any applicable statutory cap.
★ band · US federal frame
$30,000 – statutory cap
Medical negligence (non-fatal)
State medical-malpractice cap as in force on the date of injury
The US band is the starting point. Colorado's fault rule and any applicable cap then adjust the figure.
★ CO · statute of limitations
2 years for personal injury; 3 years for motor vehicle
Colo. Rev. Stat. § 13-80-102
★ CO · fault rule
Modified comparative — 50% bar
Modified comparative — recovery barred at 50% claimant fault.
★ CO · caps
What caps recovery.
Statutory caps that may bear on a medical negligence settlement in Colorado.
Non-economic damages cap
Personal injury
$642,180 base (2025); $1.28M for catastrophic; HIPAA-indexed
Colo. Rev. Stat. § 13-21-102.5
Medical malpractice cap
Med-mal claims
$300,000 non-economic; $1M total
Colo. Rev. Stat. § 13-64-302
★ medical negligence · neighbouring jurisdictions
Compare to neighbours.
How Colorado's fault rule and limitation period compare to other US jurisdictions for medical negligence claims.
Jurisdiction
Fault rule
Limitation
Medical negligence page
Colorado · you are here
Modified comparative — 50% bar
2 years for personal injury; 3 years for motor vehicle
Each answer is independently coherent and references the relevant statute or authority document.
How much is a medical negligence claim worth in Colorado?
Colorado medical negligence settlements track the federal US band of $30,000 – statutory cap, adjusted for Colorado's fault rule (modified comparative — 50% bar) and any applicable state cap. The position within the band turns on severity, prognosis, recovery time, and the strength of the medical paper trail.
What fault rule applies to medical negligence claims in Colorado?
Modified comparative — 50% bar. Modified comparative — recovery barred at 50% claimant fault.
What is the statute of limitations for medical negligence claims in Colorado?
2 years for personal injury; 3 years for motor vehicle. Source: Colo. Rev. Stat. § 13-80-102. Filing after the period expires generally bars the claim absent a tolling exception.
Do Colorado's damages caps reduce medical negligence settlements?
Yes — Colorado applies the following caps that may bear on a medical negligence claim: Non-economic damages cap; Medical malpractice cap. Caps are applied to the gross award before any fault-allocation reduction.
Does Colorado require no-fault first-party recovery for auto-related medical negligence claims?
No. Colorado is a traditional tort jurisdiction; the at-fault driver's insurer is the primary source of recovery for auto-related medical negligence claims.
Should I hire a Colorado medical negligence attorney?
For all but the most modest claims, yes. Colorado's fault rule and caps materially affect the calculus, and adjusters value represented claims significantly higher. Most Colorado personal injury attorneys work on contingency (33–40% typical), with no fee unless you recover.
Figures on this page are starting points: the US band adjusted for Colorado's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Colorado. See /methodology, /sources, and /disclaimer.