What the New Damages Caps Mean for Colorado Truck Accident Cases

Crashes involving large trucks pose serious, life-altering consequences for their victims, often requiring millions of dollars over a lifetime. Damage caps limit the amount of money victims of truck accidents can be awarded. As of January 2025, Colorado’s personal injury damage caps have increased notably. The truck crash lawyers at Burg Simpson are here to assess your claim for free to help you understand how these caps might affect your award.

How Many Serious Truck Accidents Happen Yearly?

In 2023, 114,552 trucks were involved in crashes that resulted in injuries. Some of the most common injuries sustained in these accidents include:

• Traumatic brain injury
• Spinal cord injury
• Multiple fractures
• Crush injuries
• Internal organ damage
• Severe burns
• Amputation/limb loss

These injuries might require immediate and sustained medical intervention. They might necessitate home remodels and assistive technologies, make working impossible, and cause untold amounts of pain and suffering. Damage caps limit how much those things are “worth,” and, without the assistance of an experienced truck accident lawyer, might play a substantial role in how much compensation you are awarded.

Contact a Denver Truck Accident Attorney for FREE

To schedule a FREE case review with one of our experienced truck crash lawyers, call Burg Simpson at 303-792-5595 today. We fight for victims of truck accidents on I-70, I-25, and highways and roads throughout the state.

What Type of Damages Can I Seek After a Truck Accident?

After a truck accident in Colorado, victims of serious injury might be entitled to seek:

Economic Damages

Also known as special damages, these cover tangible expenses and provable losses such as:

• Current and future medical expenses
• Lost wages and diminished earning capacity
• Home modifications (ramps, handrails, etc.)
• Assistive technologies (wheelchairs, prosthetics, etc.)
• All other establishable costs

There is NO CAP on economic damages in Colorado. This means a truck accident lawyer can help you seek a dollar-for-dollar settlement or verdict to cover the total of these expenses.

Non-Economic Damages

Also known as general damages, these compensate for the toll your injuries have taken on your life. They may include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment in life
• Disfigurement

There IS A CAP on non-economic damages in Colorado. However, with a truck accident lawyer, it is possible to seek the maximum amount allowed by law.

Punitive Damages

Also known as exemplary damages, these are intended to punish outrageous misconduct. Like non-economic damages, punitive damages ARE CAPPED in Colorado.

Wrongful Death Damages

In 2023, the year close to 115,000 people were injured in truck accidents, 5,472 people were killed. When a family member is killed by a negligent trucker, surviving partners, children, and dependents may be entitled to seek compensation for damages, including:

• End-of-life medical expenses
• Funeral and burial costs
• Projected future income
• Loss of support
• Loss of companionship

Colorado has PLACED A CAP on wrongful death damages.

What Are Colorado’s Truck Accident Injury Damage Caps?

Damage caps for truck accidents and other personal injury claims in Colorado are outlined in House Bill 24-1472. They are:

• $1.5 million for non-economic damages for personal injury lawsuits filed on or after January 1, 2025. For those filed before that date, the non-economic damage cap is $613,760.
• $2.15 million for non-economic damages in wrongful death claims filed on or after January 1, 2025. For those filed before that date, the cap is $679,990.

Economic and non-economic damages are known collectively as compensatory damages. Punitive damages are capped at the total amount of compensatory damages.

For example, if you are awarded $100,000 in economic and non-economic damages, the punitive damages awarded in the case could not exceed $100,000. However, in cases where the defendant has continued to act poorly or acted to further harm the plaintiff, that cap can be raised to three times the amount of compensatory damages.

The caps on non-economic, wrongful death, and punitive damages will be adjusted for inflation every two years, starting in 2028.

It is important to note that Colorado’s new personal injury damage caps apply to all cases filed after January 1, 2025. Even if your accident happened on an icy overpass with an unchained truck in 2024, new caps apply to all cases filed in 2025.

How Long Do I Have to File a Claim?

In Colorado, the statute of limitations to file a truck accident claim is three years. This means that, conceivably, an accident that took place in 2022 could fall under Colorado’s new damage caps if a claim were filed today. However, waiting to file a claim is typically not a good idea. The sooner you take action to protect your rights and secure compensation, the sooner you can focus on getting back to your life.

How Much Compensation Can I Seek for Truck Accident Injuries?

The value of your truck accident claim will depend on several factors, such as:

• The severity and permanency of your injury
• Your future wage projections
• Your injury-related expenses
• The degree of liability assigned to you

In Colorado, you can still collect damages if you are found to be less than 50% liable for an accident. Your total award will be reduced by the percentage of fault assigned to you. If, for example, you were awarded $50,000 but found to be 10% liable, your total award would be reduced to $40,000.

On top of comparative fault cutting into your award, your claim might be limited by one of Colorado’s personal injury damage caps.

Each case is unique. How your injury has and will continue to impact you financially, physically, and emotionally will factor into the value of your claim. The best way to learn how much your case may be worth is through a FREE and confidential case review with a qualified Denver truck accident lawyer.

Our Lawyers Are Here to Help

The established trial attorneys at Burg Simpson have spent decades fighting trucking companies and negligent truckers in Denver and throughout Colorado. Our commitment to truck accident victims and effectiveness in providing representation requires staying abreast of Colorado’s commercial vehicle regulations, which are constantly evolving.

In 2024, Colorado:

• Expanded chain-up rules throughout the mountains and heightened speed enforcement zones along I-70.
• Banned large trucks from the far-left lane on I-70 between Glenwood Springs and Morrison.

These new rules can help to strengthen negligence claims, but they also change the way truck accidents need to be investigated. Add in brand new damage caps, and figuring out how to proceed with your claim can be very confusing. We are here to help.

Our firm brings:

• In-depth investigative techniques
• Comprehensive claim evaluation
• Effective negotiation strategies
• Proven courtroom experience
• Personalized attention at every step

With Burg Simpson, your claim will be handled efficiently and effectively by truck accident lawyers and legal professionals who truly care about your needs. We will work to protect you against insurance adjusters and defense attorneys who only want to see your case go away, and take your claim as far as needed to help you secure the compensation you deserve.

Wondering How Damage Caps Might Impact Your Claim? Contact Us for FREE

To schedule a FREE consultation with one of the truck accident lawyers at our Denver office, contact Burg Simpson online or call us at 303-792-5595 today. We serve truck accident injury victims statewide, from the Eastern Plains and the Western Slope to Northern and Southern Colorado, and everywhere in between.