(1) (a)
As used in this section:
(I) Derivative noneconomic loss or injury means noneconomic loss or injury
to persons other than the person suffering the direct or primary loss or injury.
Derivative noneconomic loss or injury does not include punitive or exemplary
damages.
(II) (A) Direct noneconomic loss or injury means nonpecuniary harm for
which damages are recoverable by the person suffering the direct or primary loss or
injury, including pain and suffering, inconvenience, emotional stress, physical
impairment or disfigurement, and impairment of the quality of life. Direct
noneconomic loss or injury does not include punitive or exemplary damages.
(B) Nothing in this section shall be construed to prohibit a recovery for
economic damages, whether past or future, resulting from physical impairment or
disfigurement.
(b) The total amount recoverable for all damages for a course of care for all
defendants in any civil action for damages in tort brought against a health-care
professional, as defined in section 13-64-202, or a health-care institution, as
defined in section 13-64-202, or as a result of binding arbitration, whether past
damages, future damages, or a combination of both, shall not exceed the greater of
one million dollars, present value per patient, or one hundred twenty-five percent of
the noneconomic damages limitations set forth in section 13-21-203 (1)(b) in effect
at the time the acts or omissions occurred, present value per patient, including any
claim for derivative noneconomic loss or injury, of which not more than two hundred
fifty thousand dollars, present value per patient, including any derivative claim,
shall be attributable to direct or derivative noneconomic loss or injury; except that,
if, upon good cause shown, the court determines that the present value of past and
future economic damages would exceed such limitation and that the application of
such limitation would be unfair, the court may award in excess of the limitation the
present value of additional past and future economic damages only. The limitations
of this section are not applicable to a health-care professional who is a public
employee under the Colorado Governmental Immunity Act and are not applicable
to a certified health-care institution which is a public entity under the Colorado
Governmental Immunity Act. For purposes of this section, present value has the
same meaning as that set forth in section 13-64-202 (7). The existence of the
limitations and exceptions thereto provided in this section shall not be disclosed to
a jury.
(c) (I) (A) Effective July 1, 2003, the damages limitation of two hundred fifty
thousand dollars described in subsection (1)(b) of this section shall be increased to
three hundred thousand dollars, which increased amount shall apply to acts or
omissions occurring on or after said date. It is the intent of the general assembly
that the increase reflect an adjustment for inflation to the damages limitation.
(B) Effective January 1, 2025, in an action filed on or after that date that
accrued on or after January 1, 2024, but before January 1, 2026, the damages
limitation of three hundred thousand dollars described in subsection (1)(c)(I)(A) of
this section for direct or derivative noneconomic loss or injury is increased to four
hundred fifteen thousand dollars.
(C) Effective January 1, 2026, the damages limitation of four hundred fifteen
thousand dollars described in subsection (1)(c)(I)(B) of this section is increased to
five hundred thirty thousand dollars, which increased amount applies to acts or
omissions occurring on or after January 1, 2026, but before January 1, 2027.
(D) Effective January 1, 2027, the damages limitation of five hundred thirty
thousand dollars described in subsection (1)(c)(I)(C) of this section is increased to
six hundred forty-five thousand dollars, which increased amount applies to acts or
omissions occurring on or after January 1, 2027, but before January 1, 2028.
(E) Effective January 1, 2028, the damages limitation of six hundred forty-five thousand dollars described in subsection (1)(c)(I)(D) of this section is increased
to seven hundred sixty thousand dollars, which increased amount applies to acts or
omissions occurring on or after January 1, 2028, but before January 1, 2029.
(F) Effective January 1, 2029, the damages limitation of seven hundred sixty
thousand dollars described in subsection (1)(c)(I)(E) of this section is increased to
eight hundred seventy- five thousand dollars, which increased amount applies to
acts or omissions occurring on or after January 1, 2029, but before January 1, 2030.
(G) Effective January 1, 2030, the damages limitation in subsection (1)(c)(I)(F)
of this section must be adjusted for inflation as of January 1, 2030, and on January 1
every two years thereafter. The adjustments made on January 1, 2030, and on
January 1 every two years thereafter must be based on the cumulative annual
adjustment for inflation for each year since the effective date of the damages
limitation specified in subsection (1)(c)(I)(F) of this section. The adjustments made
pursuant to this subsection (1)(c)(I)(G) must be rounded upward or downward to the
nearest ten-dollar increment. As used in this subsection (1)(c), inflation means the
annual percentage change in the United States department of labor's bureau of
labor statistics consumer price index for Denver-Aurora-Lakewood for all items
paid by all urban consumers, or its successor index.
(II) The secretary of state shall certify the adjusted limitation on damages
within fourteen days after the appropriate information is available and shall publish
the adjusted amount on the secretary of state's website.
(III) The adjusted limitation on damages as of January 1, 2030, and on January
1 every two years thereafter is applicable to acts or omissions occurring on and
after the specified January 1 and before the January 1 two years thereafter.
(2) In any civil action described in subsection (1) of this section, prejudgment
interest awarded pursuant to section 13-21-101 that accrues during the time period
beginning on the date the action accrued and ending on the date of filing of the civil
action is deemed to be a part of the damages awarded in the action for the
purposes of this section and is included within each of the limitations on liability
that are established pursuant to subsection (1) of this section.