Chapter 29 - § 29.6 • REMEDIES

• Jurisdiction: Colorado

§ 29.6 • REMEDIES

A prevailing plaintiff in a negligence action may be entitled to recover damages for economic and noneconomic loss.¹⁰² In circumstances where the injury is "attended by circumstances of fraud, malice, or willful and wanton conduct," exemplary damages may be available.¹⁰³ A claim for exemplary damages may not be included in the initial complaint, but may be allowed by amendment 60 days after the exchange of initial disclosures and the presentation of prima facie proof of a triable issue.¹⁰⁴ Exemplary damages may only be awarded when the party seeking them proves beyond a reasonable doubt the circumstances comprising fraud, malice, or willful and wanton conduct.¹⁰⁵

In negligence actions, as in most other civil actions,¹⁰⁶ the amount of damages recoverable for noneconomic losses or injuries is subject to a statutory cap.¹⁰⁷ In cases where a court finds an increase above the statutory cap justified by clear and convincing evidence, this amount may be increased, up to double the then-current cap.¹⁰⁸

The CGIA's current damage caps generally limit recoverable damages to $350,000 for an injury to one person in a single occurrence.¹⁰⁹ Damages for a group of two or more persons are limited to $990,000 total, and no person in such a group may personally recover more than $350,000.¹¹⁰ These damage caps are subject to adjustment to account for inflation on or before January 1, 2018, and every four years thereafter.¹¹¹ Public entities generally are not liable for punitive damages or damages for outrageous conduct.¹¹²

A prevailing plaintiff in a tort action generally may not recover attorney fees.¹¹³

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Notes:

^[102] See CJI-Civ. Chapter 6, Damages for Injuries to Persons or Property (CLE ed. 2018).

^[103] C.R.S. § 13-21-102(1)(a)(I).

^[104] C.R.S. § 13-21-203(3)(c).

^[105] C.R.S. § 13-25-127(2).

^[106] In actions for medical malpractice, Colorado's Health Care Availability Act applies. See C.R.S. §§ 13-64-301, et seq.

^[107] See C.R.S. § 13-21-102.5(3)(a). The cap, originally $250,000, is subject to adjustment according to inflation and is published by the office of the Colorado Secretary of State. See C.R.S. § 13-21-102.5(3)(c)(III) and www.sos.state.co.us/pubs/info_center/certificates.html.

^[108] C.R.S. § 13-21-102.5(3)(a) and (3)(c)(III).

^[109] C.R.S. § 24-10-114(1)(a)(I).

^[110] C.R.S. § 24-10-114(1)(a)(II).

^[111] C.R.S. § 24-10-114(1)(b).

^[112] C.R.S. § 24-10-114(4).

^[113] The so-called "American rule" requires each party to a lawsuit to bear his or her own...