Colorado: Economic vs. Non-Economic Damages Explained

Colorado actually runs a third category alongside the usual two — and which bucket your damages land in can be worth a great deal of money.

Economic damages: documented, and never capped

Economic damages are the receipt-backed part of a claim: medical expenses already incurred, lost wages, property damage, and reasonably anticipated future medical care or lost earning capacity tied to the injury. In Colorado, this category has no statutory ceiling at all.

Non-economic damages: the $1.5 million category

Non-economic damages cover pain, suffering, inconvenience, emotional stress, and impairment of the quality of life. Under C.R.S. § 13-21-102.5, this category is capped at $1,500,000 for suits filed on or after January 1, 2025.

The third category Colorado treats separately

This is the genuinely distinctive part of Colorado law: compensatory damages for permanent physical impairment or disfigurement — think scarring, amputation, or a lasting disability — are not folded into the non-economic category at all. The statute's own subsection (5) carves them out explicitly, and Colorado courts recognize them as a separate category a jury can be instructed to award on its own, with no cap attached.

Why the classification genuinely matters

Because the cap turns entirely on which bucket the damages fall into, the stakes of this classification can be enormous. The same dollar figure, characterized as ordinary pain and suffering, might be reduced to fit within the $1.5 million cap — while characterized as permanent impairment or disfigurement, it isn't limited at all. This distinction is actively litigated in Colorado right now, including before the state's appellate courts.

Future costs still count as economic

Anticipated future medical treatment tied to the injury — a planned surgery, ongoing physical therapy, or expected lost earning capacity — remains an economic damage alongside expenses already paid, provided it's reasonably supported by medical documentation, and stays fully uncapped regardless of how the non-economic or impairment categories are resolved.

Economic vs. non-economic damages — frequently asked questions

What are economic damages in a Colorado personal injury claim?

Economic damages are your documented, out-of-pocket financial losses — medical expenses, lost wages, property damage, and future medical care or lost earning capacity tied to the injury. These are never capped in Colorado.

What are non-economic damages in a Colorado personal injury claim?

Non-economic damages cover pain, suffering, inconvenience, emotional stress, and impairment of quality of life. This category is capped at $1.5 million for suits filed in 2025 or later.

Is physical impairment or disfigurement counted as a non-economic damage in Colorado?

No, and this is the key distinction. Colorado treats compensatory damages for permanent physical impairment or disfigurement as a separate, third category, entirely outside both the economic and non-economic buckets — and uncapped.

Does future medical care count as an economic damage in Colorado?

Yes. Anticipated future medical treatment tied to the injury is generally treated as an economic damage, alongside expenses already incurred, and remains uncapped.

Why does getting this classification right matter so much in Colorado?

Because a jury award labeled as ordinary pain and suffering is subject to the $1.5 million statutory cap, while the identical dollar amount, if properly tied to permanent impairment or disfigurement, is not capped at all.

This page provides general guidance only and is not legal advice. Figures are based on C.R.S. § 13-21-102.5, verified per our methodology. Confirm what counts toward a specific claim with a licensed Colorado attorney before acting.