Punitive Damages in Colorado
Punitive damages — also called exemplary damages — go beyond compensating your losses. They punish defendants for especially egregious or reckless conduct. Here is what you need to know about qualifying for and recovering punitive damages in Colorado.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
2 years
Filing Deadline
$15,000 – $65,000
Avg Comp. Damages
When Are Punitive Damages Available in Colorado?
In Colorado, punitive damages require proof beyond ordinary negligence. Plaintiffs typically must show clear and convincing evidence that the defendant acted with malice, fraud, oppression, or conscious disregard for others' safety. Reckless driving, drunk driving, and intentional misconduct are common qualifying scenarios.
Colorado operates under Modified comparative fault (51% bar). Punitive damage awards are made in addition to compensatory damages and are reduced if you share comparative fault.
Many states cap punitive damages at 2–3× compensatory damages or a fixed dollar limit. Some states require a portion of punitive awards to be paid to a state victim compensation fund. Consult a Colorado attorney for the current statutory limits applicable to your case.
Key Facts About Colorado Injury Law
Colorado applies modified comparative fault with a 51% bar under C.R.S. § 13-21-111 — if you are 51% or more at fault, you cannot recover damages; below that threshold your award is reduced proportionally by your share of fault.
Colorado requires all drivers to carry personal injury protection (PIP) coverage under C.R.S. § 10-4-706, providing up to $5,000 in no-fault medical benefits regardless of who caused the accident.
The statute of limitations for personal injury in Colorado is 2 years under C.R.S. § 13-80-102; however, claims against government entities must comply with the Colorado Governmental Immunity Act and 182-day notice requirements.