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.
Colorado medical malpractice claims are governed by C.R.S. §13-64-302 (HCAA, amended HB24-1472) (Non-Economic Cap (graduated)): $530K (2026); rises to $875K by 2029. Of the 4 landmark Colorado medical malpractice awards documented on this page, the largest is $39.8M (Banner Health v. Gresser; 2025).
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%.
Su lesión
Su Acuerdo Estimado
$36,000 — $66,000
Dolor y sufrimiento = $15,000 en facturas médicas × multiplicador de gravedad de 3.0. Sus facturas ya están incluidas en esa cifra, por lo que no se suman de nuevo.
What you'd actually take home
- Estimated settlement
- $51,000
- Attorney fee (33–40%)
- −$17,000 to −$20,400
- Roughly yours
- $30,600 – $34,000
Not included: case costs (court filing, expert witnesses, medical records) and any medical liens or health-insurance reimbursement. Those come out of your share too, so treat the figure above as an upper bound.
Keep this estimate — it is gone when you close the tab.
Cómo se compara su estimación
Basado en 529,804 pagos por negligencia médica reportados al National Practitioner Data Bank (2000–2025):
Source: Análisis del NPDB of the HRSA National Practitioner Data Bank, Public Use Data File, 2000-2025 payment reports. Malpractice cases only. Payments are range-coded; midpoints used for calculations.
Revisado Editorialmente — Contenido revisado en cuanto a exactitud utilizando investigación legal publicada, datos gubernamentales y registros judiciales verificados. Vea nuestra metodología
Reviewed by Leonard Goldberg, Editor
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 October 2026):
- HB24-1472 steps the med-mal noneconomic cap to $415,000 (2025), $530,000 (2026), $645,000 (2027), $760,000 (2028) and $875,000 (2029), then indexes it to inflation every two years from 2030. From 2026 on the tier follows the date of the act or omission, not the filing date, so older incidents keep the older cap.
- Banner Health v. Gresser (Colo. No. 23SC959, Oct. 20, 2025) did not create discretionary cap-exceedance - Sec. 13-64-302(1)(b) has long allowed a court to exceed the total cap on a showing of good cause and unfairness, and only for economic damages. Gresser held that once that showing is made, the amount is governed by common law.
- Colorado allows two years from accrual, subject to a three-year repose running from the act or omission (Sec. 13-80-102.5(1)). That repose does not apply where the injury and its cause could not have been known with reasonable diligence, where the provider knowingly concealed the act, where a foreign object was left in the body, or for young children and persons under disability.
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.