S.B. 11-107 Recovery of Non-Econmic Damages in DUI Cases
This bill creates an exception to the limits on noneconomic damages recoverable in a civil action for damages from alcohol or drug related driving incidents.
Current law provides for two types of noneconomic damages that may be recovered in a civil suit. "Derivative noneconomic loss or injury" is defined as nonpecuniary harm or emotional stress to persons other than the person suffering the direct or primary loss or injury. "Noneconomic loss or injury" means nonmonetary harm for which damages are recoverable by the person suffering the direct or primary loss including pain and suffering, inconvenience, emotional stress, and quality of life.
Except in cases of medical malpractice, current law limits noneconomic damages that may be recovered in a civil action to $468,010, which may be increased by the court to a maximum of $936,030 upon justification by clear and convincing evidence. If the bill is enacted, actions arising out of damages resulting from alcohol or drug related driving incidents will be subject to the higher limit.
Damages for a derivatice noneconomic loss or injury may be awarded only when the court finds justification by clear and convincing evidence therefor, up to a maximum of $468,010. If the bill is enacted this restriction will not apply.
As adopted in 1986, the law established a limit of $250,000 for noneconomic damages whichcould be increased to $500,000 by the ourt upon justification by clear and convincing evidence. THe original limit for derivative loss was $250,000. The law also required that the aforemended limits be inflation adjusted by the Secretary of State on February 25, 2008, the current limits for noneconomic damages are $468,010 and $936,030, and the limit for derivative loss or injury is $468,010.
From the Colorado Legislative Council Fiscal Note
View The Bill: SB11-107
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