Mental Pain and Suffering

Except for medical malpractice, noneconomic loss (such as pain, suffering and emotional distress) cannot exceed sum of $468,010 (claims accruing after January 1, 2008), unless court finds clear and convincing evidence that greater amount is justified. C.R.S. §13-21-102.5(3)(a). However, under no circumstances may noneconomic loss damages exceed $936,030 (Amounts adjusted for inflation annually and certified by the Colorado Secretary of State See In civil actions for noneconomic loss, damages shall not exceed $468,010. C.R.S. §13-21-102.5(3)(b). It is lawful for plaintiff to claim and collect interest on damage award occurring from date complaint is filed. C.R.S. §13-21-101.

Exemplary Damages

Exemplary damages may be awarded when injury is attended by circumstances of fraud, malice or willful and wanton conduct beyond reasonable doubt. C.R.S. §13-21-102(1)(a). However, exemplary damages shall not exceed amount of actual damages, Id. Claim for exemplary damages is made by amendment to pleadings only after exchange of initial disclosures and after plaintiff establishes prima facie proof of a triable issue of exemplary damages. C.R.S. §13-21-102(1.5)(a). Award of exemplary damages may be increased up to three times amount of actual damages if it is shown that the defendant’s willful and wanton behavior continued during the pendency of the case. C.R.S. §13-21-102(3)(a). See generally, Blood v. Qwest Services Corp., 224 P.3d 301, 325 (Colo. App. 2009), aff’d  252 P.3d 1071 (Colo. 2011)

The Wrongful Death Act’s noneconomic damages cap applies on a per claim basis, not a per defendant basis. Lanahan v. Chi Psi Fraternity, 175 P.3d 97, 101 (Colo. 2008)