(1) (a) As used in this section: (I) "Derivative noneconomic loss or injury" means noneconomic loss or injury to persons other than the person suffering the direct or primary loss or injury. "Derivative noneconomic loss or injury" does not include punitive or exemplary damages. (II) (A) "Direct noneconomic loss or injury" means nonpecuniary harm for which damages are recoverable by the person suffering the direct or primary loss or injury, including pain and suffering, inconvenience, emotional stress, physical impairment or disfigurement, and impairment of the quality of life. "Direct noneconomic loss or injury" does not include punitive or exemplary damages. (B) Nothing in this section shall be construed to prohibit a recovery for economic damages, whether past or future, resulting from physical impairment or disfigurement. (b) The total amount recoverable for all damages for a course of care for all defendants in any civil action for damages in tort brought against a health-care professional, as defined in section 13-64-202, or a health-care institution, as defined in section 13-64-202, or as a result of binding arbitration, whether past damages, future damages, or a combination of both, shall not exceed the greater of one million dollars, present value per patient, or one hundred twenty-five percent of the noneconomic damages limitations set forth in section 13- 21-203 (1)(b) in effect at the time the acts or omissions occurred, present value per patient, including any claim for derivative noneconomic loss or injury, of which not more than two hundred fifty thousand dollars, present value per patient, including any derivative claim, shall be attributable to direct or derivative noneconomic loss or injury; except that, if, upon good cause shown, the court determines that the present value of past and future economic damages would exceed such limitation and that the application of such limitation would be unfair, the court may award in excess of the limitation the present value of additional past and future economic damages only. The limitations of this section are not applicable to a health-care professional who is a public employee under the "Colorado Governmental Immunity Act" and are not applicable to a certified health-care institution which is a public entity under the "Colorado Governmental Immunity Act". For purposes of this section, "present value" has the same meaning as that set forth in section 13-64-202 (7). The existence of the limitations and exceptions thereto provided in this section shall not be disclosed to a jury. (1) (c) (I) (A) Effective July 1, 2003, the damages limitation of two hundred fifty thousand dollars described in subsection (1)(b) of this section shall be increased to three hundred thousand dollars, which increased amount shall apply to acts or omissions occurring on or after said date. It is the intent of the general assembly that the increase reflect an adjustment for inflation to the damages limitation. (B) Effective January 1, 2025, in an action filed on or after that date that accrued on or after January 1, 2024, but before January 1, 2026, the damages limitation of three hundred thousand dollars described in subsection (1)(c)(I)(A) of this section for direct or derivative noneconomic loss or injury is increased to four hundred fifteen thousand dollars. (C) Effective January 1, 2026, the damages limitation of four hundred fifteen thousand dollars described in subsection (1)(c)(I)(B) of this section is increased to five hundred thirty thousand dollars, which increased amount applies to acts or omissions occurring on or after January 1, 2026, but before January 1, 2027. (D) Effective January 1, 2027, the damages limitation of five hundred thirty thousand dollars described in subsection (1)(c)(I)(C) of this section is increased to six hundred forty-five thousand dollars, which increased amount applies to acts or omissions occurring on or after January 1, 2027, but before January 1, 2028. (E) Effective January 1, 2028, the damages limitation of six hundred forty-five thousand dollars described in subsection (1)(c)(I)(D) of this section is increased to seven hundred sixty thousand dollars, which increased amount applies to acts or omissions occurring on or after January 1, 2028, but before January 1, 2029. (F) Effective January 1, 2029, the damages limitation of seven hundred sixty thousand dollars described in subsection (1)(c)(I)(E) of this section is increased to eight hundred seventy- five thousand dollars, which increased amount applies to acts or omissions occurring on or after January 1, 2029, but before January 1, 2030. (G) Effective January 1, 2030, the damages limitation in subsection (1)(c)(I)(F) of this section must be adjusted for inflation as of January 1, 2030, and on January 1 every two years thereafter. The adjustments made on January 1, 2030, and on January 1 every two years thereafter must be based on the cumulative annual adjustment for inflation for each year since the effective date of the damages limitation specified in subsection (1)(c)(I)(F) of this section. The adjustments made pursuant to this subsection (1)(c)(I)(G) must be rounded upward or downward to the nearest ten-dollar increment. As used in this subsection (1)(c), "inflation" means the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its successor index. (II) The secretary of state shall certify the adjusted limitation on damages within fourteen days after the appropriate information is available and shall publish the adjusted amount on the secretary of state's website. (III) The adjusted limitation on damages as of January 1, 2030, and on January 1 every two years thereafter is applicable to acts or omissions occurring on and after the specified January 1 and before the January 1 two years thereafter. (2) In any civil action described in subsection (1) of this section, prejudgment interest awarded pursuant to section 13-21-101 that accrues during the time period beginning on the date the action accrued and ending on the date of filing of the civil action is deemed to be a part of the damages awarded in the action for the purposes of this section and is included within each of the limitations on liability that are established pursuant to subsection (1) of this section.
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