Understanding the Solatium vs. Actual Non-Economic Damages Cap in Colorado
Colorado caps non-economic wrongful death damages. Families can choose a flat-rate Solatium award of $135,990 without proving grief, or fight for the maximum non-economic damages cap of $2,125,000 under state law.
When pursuing a wrongful death claim in Colorado, families must navigate complex rules regarding compensation. Unlike economic damages (which cover quantifiable losses like medical bills and lost future income and have no cap), non-economic damages are strictly limited. These damages compensate for intangible losses such as grief, sorrow, and loss of companionship.
Colorado law provides grieving families in Denver, Colorado Springs, Pueblo, and beyond with a unique choice: claim a flat statutory amount known as the Solatium, or pursue actual non-economic damages subject to a state-mandated cap. Understanding this choice is critical for maximizing your financial recovery without enduring unnecessary emotional trauma in the courtroom.
When to choose the Solatium over proving emotional distress
The Solatium is a fixed financial award provided under C.R.S. § 13-21-203.5. If a family chooses the Solatium, they are awarded this flat sum for their non-economic loss without having to provide any testimony or evidence regarding their grief or emotional distress. You simply prove that the defendant is liable for the death.
Families often choose the Solatium to protect their privacy. Proving actual non-economic damages up to the maximum cap requires putting grieving family members on the witness stand in District Court to testify about their mental anguish, depression, and loss. If you wish to avoid this deeply invasive process, the Solatium offers a dignified legal alternative. It is also beneficial if the actual non-economic damages might be difficult to prove to a jury.
Current 2024-2026 inflation-adjusted caps
In Colorado, the caps on both the Solatium and maximum non-economic damages are established by statute and periodically adjusted by the Secretary of State. Under House Bill 24-1472 and C.R.S. § 13-21-203(1)(a), the statutory non-economic damages cap for wrongful death claims is $2,125,000 for actions filed on or after January 1, 2025, while the flat-rate Solatium award under C.R.S. § 13-21-203.5 is set at $135,990. The statutory limits are as follows:
| Damage Type | Statutory Cap Limit | Proof Required |
|---|---|---|
| Solatium Award | $135,990 | Liability only; no proof of grief needed. |
| Max Non-Economic Cap | $2,125,000 | Extensive evidence of emotional distress and loss. |
| Economic Damages | No Cap | Financial records, expert testimony on future lost income. |
Exceptions to caps in felonious killing cases
There is a vital exception to Colorado's damage caps. Under C.R.S. § 13-21-203, if the death was the result of a "felonious killing," the caps on non-economic damages are completely removed. A felonious killing generally means the death was caused by first-degree murder, second-degree murder, or manslaughter.
If the defendant is convicted of a felonious killing in a criminal court, or if a civil jury determines by a preponderance of the evidence that the actions constituted a felonious killing, your family can sue for unlimited non-economic damages. This is a critical factor to discuss with an attorney if the death involved a drunk driving incident or intentional violence.
Step-by-Step Process for Claiming Damages
Whether you are filing in the Denver District Court, Denver or the El Paso County District Court, Colorado Springs, the process of claiming damages requires strategic planning.
Step 1: Evaluating the Evidence
Your legal team will assess the strength of your case. If you have psychiatric records, testimonies from friends and family, and strong evidence of a deep familial bond, pursuing the maximum cap might be the best strategy.
Step 2: Making the Election
Your attorney will formally declare in the legal pleadings whether you are pursuing actual non-economic damages or opting for the Solatium. This choice dictates the course of discovery and trial preparation.
Step 3: Negotiating with Insurers
Before trial, your lawyer will use the applicable caps to negotiate a settlement. Insurance companies know exactly what the caps are, and a strong presentation of economic damages paired with the appropriate non-economic demand often leads to a resolution without a trial.
How Much Does it Cost in Colorado?
Filing a wrongful death lawsuit involving damage caps comes with standard court fees and costs:
- Filing Fees: The civil filing fee is $265 to $268 in Colorado District Courts under C.R.S. § 13-32-101(1)(d) (including the $30 Equal Justice fee under C.R.S. § 13-32-101(9)).
- Jury Fee: If your case goes to trial, you must pay a jury demand fee of $231 in District Court under C.R.S. § 13-71-144(1)(a).
- Lawyer Fees: Lawyers generally charge a contingency fee of 33% to 40% of your total settlement or award. You can find experienced local professionals in our US Lawyers directory.
How Long Does the Process Take?
You must file your claim within two years of the date of death. Reaching a settlement based on damage caps can take anywhere from 6 to 18 months. If your case requires a jury trial to determine maximum non-economic damages or prove a felonious killing, the process may extend beyond two years.
Frequently Asked Questions (FAQ)
Can I claim both the Solatium and actual non-economic damages?
No. Under Colorado law, you must choose one or the other. You cannot collect the flat-rate Solatium and also ask a jury for additional compensation for grief and emotional distress.
Are economic damages capped in Colorado?
No. There is no cap on economic damages, which include medical bills, funeral expenses, and the financial support the deceased would have provided to the family over their lifetime.
Does a felonious killing exception apply to vehicular homicide?
Yes, depending on the circumstances, actions resulting in vehicular homicide, such as extreme DUI or reckless driving, may qualify as a felonious killing, potentially removing the non-economic damage cap.
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