Colorado Medical Malpractice Settlement Calculator
Estimate Colorado medical malpractice settlement — $530K cap (2026, rising to $875K by 2029). Real Colorado statutes, landmark verdicts, attorney fee structure.
Last reviewed: April 2026
CO: $530K NON-ECONOMIC CAP (2026, rises to $875K by 2029 under HB24-1472). Court may EXCEED cap on good cause finding (Banner Health v. Gresser 2025 CO — $39.8M affirmed). 2-yr SOL + 3-yr repose. Modified comparative 50%.
Your Injury
Your Estimated Settlement
$36,000 — $66,000
How Your Estimate Compares
Based on 529,804 medical malpractice payments reported to the National Practitioner Data Bank (2000–2025):
Based on 459,526 real payments, similar cases in CA settle between $14K – $55K.
Average
$141K
Median
$28K
Cases
53,535
Source: NPDB analysis. Malpractice cases only. Payments are range-coded; midpoints used for calculations.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor · Last updated
Colorado Medical Malpractice — Key Framework
Colorado caps non-economic damages at $530,000 for 2026, rising annually to $875,000 by 2029 under HB24-1472. Wrongful death cap is separately higher ($810K in 2026). Critical exception: Banner Health v. Gresser (2025 CO Supreme Court) affirmed that courts may EXCEED the cap on a good-cause finding — affirming a $39.8M birth-injury award.
SOL: 2 years from discovery (C.R.S. §13-80-102.5). Statute of repose: 3 years from negligent act (one of the shortest in the US). Exceptions: intentional concealment, minors (tolled), retained foreign objects.
Certificate of Review required within 60 days of serving defendant (C.R.S. §13-20-602) — attorney must certify they consulted a qualified expert who concluded the case has substantial justification. Modified comparative negligence (50% bar): plaintiff barred at 50%+ fault.
Key CO Med-Mal Statutes
Colorado med-mal framework key provisions:
C.R.S. §13-64-302 (HCAA, amended HB24-1472)
Non-Economic Cap (graduated)Standard: $530K (2026); rises to $875K by 2029
C.R.S. §13-80-102.5
Med-Mal SOL + ReposeStandard: 2 years discovery; 3-year absolute repose
C.R.S. §13-20-602
Certificate of ReviewStandard: 60 days post-service expert consultation certified
Banner Health v. Gresser, 23SC959 (2025)
Cap DiscretionStandard: Courts may exceed HCAA cap on good cause
C.R.S. §13-21-111
Modified Comparative (50% bar)Standard: Barred at 50%+ fault
Recovery Structure
Economic damages: medical bills, lost wages, future care. Non-economic: pain & suffering, loss of consortium. Punitive: rare in med-mal, requires gross negligence or intentional harm. State-specific caps and exceptions apply — see Damage Caps section.
Expert Requirements + Attorney Fees
Expert testimony required: standard of care + deviation + causation must be established by qualified expert. Pre-suit affidavit/certification: see Statutes section for state-specific requirements. Attorney fees: typically 33-40% contingency, no recovery = no fee.
Damage Caps
$530K non-economic cap (2026) on a graduated schedule: $415K (2025), $530K (2026), $645K (2027), $760K (2028), $875K (2029). Biennial CPI adjustment starts 2030. Critical: Courts may exceed cap on good-cause finding per Banner Health v. Gresser (2025) — physical impairment exception allows greater of $1M or 125% of cap. Wrongful death cap separate ($810K, 2026). Economic damages: no cap.
CO Med-Mal Verdicts + Averages
Colorado verdicts and average payouts reflect state-specific framework:
| Amount | Year | Case / Injury |
|---|---|---|
| $39.8M | 2025 | Banner Health v. Gresser — Birth injury / cerebral palsy (LARGEST CO MED-MAL VERDICT, CO Supreme Court affirmed cap-exceedance) |
| $22M | 2022 | Confidential CO Settlement (Bachus & Schanker) — Largest known CO med-mal settlement |
| $17.8M | 2015 | Bachus & Schanker v. Children's Hospital Colorado — Pediatric malpractice |
| $460K | — |
Colorado Medical Malpractice FAQs
Does Colorado have a cap on medical malpractice damages?
Yes — $530,000 on non-economic damages for 2026, rising to $875,000 by 2029 (HB24-1472). However, courts may EXCEED the cap on a good-cause finding per Banner Health v. Gresser (2025 CO Supreme Court), which affirmed a $39.8M birth-injury verdict. Physical impairment exception: greater of $1M or 125% of applicable cap.
What is the Colorado medical malpractice statute of limitations?
2 years from discovery (C.R.S. §13-80-102.5). Absolute repose: 3 years from negligent act — one of the shortest in the US. Exceptions: intentional concealment, retained foreign objects, minors (tolled until age 18 or 8 if disabled). The 3-year repose makes early case evaluation critical.
What is the Certificate of Review in Colorado?
Under C.R.S. §13-20-602, plaintiff's attorney must file a Certificate of Review within 60 days of serving the defendant. The certificate states attorney consulted a qualified medical expert who concluded the case does not lack substantial justification. Failure to file = mandatory dismissal. The expert review is confidential and does not need to be disclosed at this stage.
How does Colorado's modified comparative negligence work?
Under C.R.S. §13-21-111, plaintiffs are barred from recovery if found 50% or more at fault. Below 50%, recovery is reduced by your fault percentage. Example: 30% at fault on $500K verdict = $350K recovery. Less restrictive than NC/VA pure contributory but more restrictive than CA/NY pure comparative.
What did Banner Health v. Gresser change?
The CO Supreme Court (2025) affirmed a $39.8M birth-injury verdict against Banner Health, ruling that courts may EXCEED the HCAA non-economic cap on a good-cause finding. This established that the cap is not a hard ceiling — judges retain discretion based on case-specific facts. It is the largest med-mal verdict in CO history and the most significant cap-related ruling in decades.
Pending CO Med-Mal Issues
Active legal developments (as of April 2026):
- HB24-1472 graduated schedule increases caps to $875K by 2029 — track effective dates carefully when calculating older incidents.
- Banner Health v. Gresser (2025) created discretionary cap-exceedance — appellate trends still developing on what constitutes 'good cause'.
- 3-year repose is one of the shortest in the US — discovery-rule cases are practically time-barred faster than other states.
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- leg.colorado.gov/bills/hb24-1472
- www.coloradolaw.net/practice-area/medical-malpractice/colorado-medical-malpractice-caps
- www.clarkhill.com/news-events/news/colorado-damage-caps-supreme-court-upholds-40-million-medical-malpractice-award
- www.burgsimpson.com/colorado-blog/medical-malpractice-claim-time-limit
Other State Medical Malpractice Calculators
New York
NO caps, 2.5-yr SOL, Lavern's Law cancer exception, $595M 2024 (highest US)
California
MICRA 2026: $470K/$650K caps phasing to $750K/$1M by 2033
Florida
NO caps post-Estate of McCall 2014, §766.106 pre-suit + expert affidavit
Texas
$250K/$750K hard caps never inflation-adjusted, §74.351 expert report fatal
Illinois
NO caps post-Lebron 2010, §5/2-622 expert affidavit at filing, Cook County
Pennsylvania
NO caps (constitutional bar Art. III §18), MCARE Act, 2-yr SOL
Ohio
$250K/$500K caps (R.C. §2323.43), 1-yr SOL, affidavit of merit
New Jersey
NO general cap, $350K punitive cap, Affidavit of Merit Statute
Michigan
$521K/$929K caps (MCL §600.1483), 6-mo notice + 182-day pre-suit
Washington
NO caps (Sofie 1989), 3-yr SOL, certificate of merit RCW §7.70.150
Georgia
NO non-economic cap (Nestlehutt 2010), $250K punitive cap, 2-yr SOL + 5-yr repose, OCGA §9-11-9.1 affidavit required
North Carolina
$712,847 cap (CPI-indexed), PURE CONTRIBUTORY (any fault = $0), 3-yr SOL + 4-yr repose, Rule 9(j) certification
Arizona
NO cap (Constitution Art. 2 §31), 2-yr SOL no repose, pure comparative negligence, Banner $31.5M 2024
Massachusetts
$500K cap (NOT inflation-indexed, jury-lifted exceptions), Tribunal §60B, 3-yr SOL + 7-yr repose, modified comparative 51%
Virginia
$2.70M TOTAL cap (combined econ+non-econ), PURE CONTRIBUTORY (any fault = $0), 2-yr SOL + 10-yr repose, §8.01-20.1 certification
Maryland
$920K cap (2026, +$15K/yr fixed from 2009 $650K base), MANDATORY HCADRO pre-suit arbitration, 3-yr SOL or 5-yr repose (earlier of), Certificate of Qualified Expert §3-2A-04(b)
Missouri
Dual cap $481K non-cat / $842K cat (2026, +1.7%/yr). Original cap struck Watts 2012, reinstated 2015 as statutory cause. 2-yr STRICT occurrence (no discovery rule). Pure comparative fault.
Minnesota
NO cap. SOL just cut 4→2 years (Aug 2025, SF3489). Mandatory 2-affidavit expert system §145.682. Modified comparative 50%. Thapa $111M (2022) largest MN history, reduced to $11.25M.
Indiana
$1.8M TOTAL cap (provider $500K + PCF $1.3M). PURE CONTRIBUTORY for qualified providers (any fault = $0). Mandatory 3-doctor review panel pre-suit. 2-yr strict occurrence (no discovery rule).
Main Medical Malpractice Calculator
Nationwide med-mal overview
Other Calculators for Colorado
Each Colorado calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses Colorado verdict data where available.