Medical Malpractice in Colorado
Colorado medical malpractice claims have a two-year deadline with a three-year statute of repose (C.R.S. § 13-80-102.5). Colorado caps damages under the Health Care Availability Act (C.R.S. § 13-64-302). Importantly, HB 24-1472 raised the caps on an escalating schedule starting Jan 1, 2025 — there's no single fixed figure, so confirm the current cap.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Talk to a Colorado attorney promptly — strict deadlines apply.
A Colorado medical malpractice claim is about a health care provider’s failure to meet the accepted standard of care. Two features set these cases apart: tight time limits and statutory damage caps.
Deadlines: two years, plus a repose
The deadline is generally two years, with a three-year statute of repose (C.R.S. § 13-80-102.5). The repose is an outer limit that can bar a claim a set number of years after the underlying act — even if you didn’t discover the injury until later. Because these rules have exceptions and start dates that depend on the facts, confirm your deadline early.
Damage caps — recently raised
Colorado caps damages in malpractice cases under the Health Care Availability Act (C.R.S. § 13-64-302). Important: HB 24-1472 raised these caps on an escalating schedule beginning January 1, 2025, and the noneconomic cap rises annually. There is no single fixed figure to rely on — confirm the current cap with a lawyer rather than quoting an old number.
Fault still matters
Colorado’s modified comparative negligence rule (C.R.S. § 13-21-111) can reduce recovery, and at 50% or more fault you recover nothing.
For an overview of Colorado injury rules, see the personal injury hub. To get matched with a local Colorado medical malpractice attorney, connect with a lawyer.
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Start your free intakeFrequently asked questions
- How long do I have to file a medical malpractice claim in Colorado?
- Generally two years, with a three-year statute of repose that can cut off claims regardless of when the injury is discovered (C.R.S. § 13-80-102.5). Confirm your specific deadline with a lawyer.
- Does Colorado cap medical malpractice damages?
- Yes. Colorado caps damages under the Health Care Availability Act (C.R.S. § 13-64-302). HB 24-1472 raised the caps on an escalating schedule starting January 1, 2025, and they rise annually — so confirm the current cap rather than relying on an old figure.
- What is a statute of repose?
- It's an outer time limit that can bar a claim a set number of years after the underlying act, even if the injury wasn't discovered until later. Colorado's is generally three years for malpractice (C.R.S. § 13-80-102.5).
Sources
Related guides
- Colorado Car Accident Claims Colorado is an at-fault auto state: you pursue the driver who caused the crash and their insurer. A three-year deadline applies to motor-vehicle claims (C.R.S. § 13-80-101(1)(n)), and modified comparative negligence bars recovery once you're 50% or more at fault (C.R.S. § 13-21-111). Colorado sets minimum liability limits (commonly 25/50/15) — confirm the current statute.
- Colorado Motorcycle Accident Claims Colorado has no universal helmet law — only riders and passengers under 18 must wear one (C.R.S. § 42-4-1502), and eye protection is required for everyone. Motorcycle crash claims follow Colorado's at-fault framework: a three-year deadline for motor-vehicle claims (C.R.S. § 13-80-101) and modified comparative negligence that bars recovery once you're 50% or more at fault (C.R.S. § 13-21-111).
- Colorado Truck Accident Claims Colorado truck crash claims follow the state's at-fault framework: a three-year deadline for motor-vehicle claims (C.R.S. § 13-80-101) and modified comparative negligence that bars recovery at 50% or more fault (C.R.S. § 13-21-111). Federal FMCSA rules — hours of service, maintenance, driver qualification — layer on top, and a violation can be evidence of negligence. Cases often involve multiple defendants.
- Dog Bite Claims in Colorado Colorado imposes strict liability on a dog owner for economic damages when a person suffers serious bodily injury or death from a dog bite while lawfully on public or private property — regardless of the dog's prior viciousness or the owner's knowledge (C.R.S. § 13-21-124). Exceptions include trespassing, knowingly provoking the dog, working dogs, and certain professionals. Lesser injuries fall outside this strict-liability rule.
- Premises Liability in Colorado Colorado's Premises Liability Act (C.R.S. § 13-21-115) is the controlling, exclusive statutory remedy for injuries from the condition of, or activities on, real property — it replaced the common-law approach. A landowner's duty depends on the injured person's statutory class: trespasser, licensee, or invitee. The two-year general injury deadline (C.R.S. § 13-80-102) typically applies.
- Wrongful Death Claims in Colorado Colorado's Wrongful Death Act (C.R.S. §§ 13-21-201 to 13-21-204) sets who may sue on a tiered, year-based scheme: the surviving spouse generally has the exclusive right in the first year, then spouse and/or heirs, and parents may sue for an unmarried decedent with no descendants. A two-year deadline generally applies. Colorado caps noneconomic damages, but HB 24-1472 raised the cap — confirm the current figure; there's no cap for a felonious killing.
- Related area: Workers' Compensation in Colorado