In the heart of the Rockies, Colorado's rich mining and industrial history has left a legacy of asbestos exposure, impacting countless lives. This guide breaks down how asbestos lawsuits work in Colorado, from the unique application of the discovery rule to the state's approach to negligence and causation. You'll find clear answers about who can file and when, and how Colorado's legal system balances victim compensation with defendant protections.
This page is part of our broader mission. I started this firm after learning that the cancers that killed my father and grandparents were caused by asbestos—something we didn’t realize until it was too late to hold anyone accountable. That experience is why we built this site: to make sure no other family misses their chance.
If you’re trying to make sense of complex legal and medical terms, our Asbestos Lexicon explains the terminology in plain English. For a deeper understanding of how mesothelioma lawsuits actually work—from proving liability to calculating damages—visit our Complete Guide to Mesothelioma Lawsuits.
— Firm Founder, Justinian Lane
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Colorado Asbestos Law Summary
Legal Topic | Colorado Law | What This Means for Your Family |
|---|---|---|
Deadlines and Accrual Rules | ||
Filing Deadline – Personal Injury | 2 years from discovery (C.R.S. § 13-80-102(1)(a)) | You have 2 years from the date you knew or should have known your illness was caused by asbestos exposure to file a claim. |
Filing Deadline – Wrongful Death | 2 years from death or discovery (C.R.S. § 13-80-102(1)(d)) | Wrongful death claims must be filed within 2 years of death, but the clock may start later if the asbestos link wasn’t immediately known. |
Minor Tolling | Tolled until age 18 (C.R.S. § 13-81-103) | If the injured person was a minor, the statute doesn’t begin to run until they reach adulthood. |
Statute of Repose | 6 years for construction; none for products (C.R.S. § 13-80-104) | Asbestos product liability claims are not barred by a repose statute, but claims against construction professionals may be time-limited. |
Standards of Proof and Causation | ||
Causation Standard | Substantial factor using “but for” test (FDIC v. Refco, 989 F. Supp. 1052) | You must prove that asbestos exposure was a significant contributing cause of the disease, supported by expert evidence. |
Expert Testimony | Daubert standard under People v. Shreck, 22 P.3d 68 (Colo. 2001) | Experts must use reliable scientific methods and be relevant to the facts of your case. |
Punitive Damages Standard | Proven beyond a reasonable doubt; capped at 1x actual damages unless aggravated (C.R.S. § 13-21-102) | Punitive damages require a higher standard of proof and are limited in amount unless additional misconduct is shown. |
Damage Rules | ||
Economic Damage Caps | No cap | You may recover the full amount of financial losses, such as medical expenses and lost income. |
Noneconomic Damage Caps | $250,000–$500,000 (C.R.S. § 13-21-102.5) | Compensation for pain and suffering is capped at $250k unless the court finds clear and convincing evidence justifying up to $500k |
Punitive Damage Caps | 1x actual damages; up to 3x in aggravated cases (C.R.S. § 13-21-102(3)) | Punitive awards are typically limited to the value of actual damages unless further misconduct is proven. |
Liability and Fault Rules | ||
Comparative Fault | Modified 49% bar rule (C.R.S. § 13-21-111) | You can recover damages only if you are less than 50% at fault. At 50% or more, you recover nothing. |
Joint and Several Liability | Abolished in most cases (C.R.S. § 13-21-111.5) | Each defendant only pays their share of fault unless they acted in concert. Others’ bankruptcy or absence may reduce your award. |
Other Considerations | ||
Collateral Source Rule | Modified rule applies (C.R.S. § 13-21-111.6) | Defendants may introduce evidence of insurance or other payments to reduce the award, but billed vs. paid amounts remain recoverable. |
Wrongful Death Recovery | Spouse, children, or heirs may sue (C.R.S. § 13-21-201) | Only one wrongful death action is permitted, brought on behalf of all eligible heirs. Caps may apply unless the death was felonious. |
Survival Action | Estate may recover pre-death losses (C.R.S. § 13-20-101) | The decedent’s estate may sue for harms suffered before death, including medical bills and lost wages, but not pain and suffering. |
Colorado Asbestos Law Details
Colorado allows asbestos victims and their families to bring lawsuits for mesothelioma and other asbestos-related illnesses under a comprehensive framework of tort statutes and case law. The state uses a modified comparative fault rule, caps certain noneconomic damages, and limits joint liability in most cases. While Colorado offers meaningful legal remedies, plaintiffs must be mindful of the state’s damage caps, workers’ compensation restrictions, and requirements for proving causation.
Statutes of Limitation and Repose
Colorado sets a two-year statute of limitations for personal injury and wrongful death claims, including those involving asbestos (C.R.S. § 13-80-102(1)(a)–(d)). The time limit begins when the plaintiff knew or should have known of the injury and its cause, making the discovery rule critical in mesothelioma cases.
There is also a six-year statute of repose for construction-related claims involving architects and contractors, and a three-year outer limit for most health care provider claims (C.R.S. § 13-80-104; § 13-80-102.5). However, Colorado does not impose a product liability-specific repose period, meaning asbestos product claims can typically proceed regardless of installation date.
Eligibility to Sue
Personal injury claims can be brought by any individual diagnosed with mesothelioma or another asbestos-related disease. In wrongful death cases, eligible parties include the decedent’s spouse, heirs, or designated beneficiaries (C.R.S. § 13-21-201). Only one wrongful death suit is allowed, and it acts on behalf of all eligible heirs.
Workers’ Compensation Limitations
Under the Colorado Workers’ Compensation Act, employees generally cannot sue their employers for asbestos exposure that occurred in the course of employment (C.R.S. § 8-41-102). This includes statutory employees, such as subcontractors performing the regular business of the employer.
However, injured workers may sue third parties, including asbestos manufacturers and premises owners. These lawsuits often form the basis of asbestos litigation in Colorado.
Damages and Caps
Colorado caps noneconomic damages in most personal injury cases at $250,000, or $500,000 if the court finds clear and convincing evidence justifying a higher award (C.R.S. § 13-21-102.5(3)). These caps do not apply to damages for physical disfigurement or impairment (§ 13-21-102.5(5)).
In wrongful death cases, the same cap applies unless the death was caused by felonious killing, in which case there is no cap (C.R.S. § 13-21-203).
Punitive damages (called exemplary damages in Colorado) are allowed but are capped at an amount equal to actual damages, unless the court finds aggravating factors, in which case they may be increased up to three times actual damages (C.R.S. § 13-21-102(3)). They must be proven beyond a reasonable doubt—a higher standard than the civil norm.
Comparative Fault and Joint Liability
Colorado uses a modified comparative negligence standard: a plaintiff can only recover if their share of fault is less than 50% (C.R.S. § 13-21-111). A 50/50 allocation results in no recovery.
The state has abolished joint and several liability in most cases. Each defendant is only liable for their own percentage of fault (C.R.S. § 13-21-111.5), unless defendants acted in concert. Defendants may designate non-parties at fault, allowing the jury to assign fault to bankrupt or absent entities to reduce defendants’ exposure.
Collateral Source Rule
Colorado applies a modified collateral source rule: a plaintiff’s damages may be reduced by the amount already paid by collateral sources, such as insurance (C.R.S. § 13-21-111.6). However, the Colorado Supreme Court has ruled that plaintiffs may recover for the full amount of medical bills incurred—not just discounted amounts actually paid (Volunteers of America v. Gardenswartz, 242 P.3d 1080 (Colo. 2010)).
Standards of Proof and Causation
Colorado applies a “but for” causation test in asbestos and other tort claims: a defendant’s conduct must be a substantial contributing factor in the development of illness (FDIC v. Refco Grp., 989 F. Supp. 1052 (D. Colo. 1997)). Foreseeability also plays a role in determining liability, and defendants may be relieved of fault if an intervening or superseding cause was not reasonably foreseeable.
Expert testimony is generally required in asbestos cases to prove causation. Colorado follows a Daubert-style standard under People v. Shreck, 22 P.3d 68 (Colo. 2001), which requires expert opinions to be based on reliable principles and methodology and relevant to the facts of the case.
How Colorado’s Laws Work in Practice
Meet James, a 70-year-old retired HVAC technician from Pueblo. From the late 1970s through the early 1990s, he worked on commercial buildings that used asbestos-containing duct insulation, ceiling tiles, and boiler gaskets. In March 2024, he was diagnosed with pleural mesothelioma after experiencing persistent chest pain and shortness of breath.
Because Colorado applies the discovery rule, James’s two-year statute of limitations began in March 2024, when he was diagnosed and first learned that his illness was likely caused by asbestos exposure—not decades earlier when the exposure occurred (C.R.S. § 13-80-102). He has until March 2026 to file a personal injury claim.
Colorado uses modified comparative fault, meaning James can recover damages only if he’s found less than 50% at fault. If the jury believes he ignored known safety risks, his recovery could be reduced—but he would still be eligible for compensation as long as his share of fault is below 50%.
Because Colorado caps noneconomic damages (like pain and suffering) at $250,000—or $500,000 with clear and convincing evidence—James may not recover the full value of those losses (C.R.S. § 13-21-102.5). However, there are no caps on damages for physical impairment, disfigurement, or economic losses like medical expenses and lost wages.
James’s legal team may also pursue punitive damages if they can show the asbestos manufacturer acted with conscious disregard for his safety. But under Colorado law, punitive damages must be proven beyond a reasonable doubt, and are capped at one times actual damages, unless the court allows a higher multiplier due to aggravating circumstances (C.R.S. § 13-21-102).
Finally, because Colorado abolished joint and several liability, each defendant will be responsible for only its own share of fault. If a bankrupt manufacturer or absentee defendant can’t be sued, James’s compensation may be reduced unless those parties are identified as non-parties at fault on the verdict form.
This is a hypothetical example based on real Colorado laws. Every case is unique. If you or a loved one has been diagnosed with mesothelioma, call 833-4-ASBESTOS to learn how Colorado law may apply to your situation.
Legal Options for Families in Colorado Affected by Asbestos
Most asbestos victims—and their families—qualify for multiple types of legal relief. Depending on how and where the exposure occurred, we may be able to pursue:
Many companies have established bankruptcy trusts to provide compensation to individuals affected by asbestos. These trusts can cover expenses such as medical bills or lost wages, and do not necessitate a lawsuit. Our law firm can assist you in determining your eligibility and in filing your claim.
If you're a Colorado resident who has been exposed to asbestos and subsequently fallen ill, you have the right to sue the manufacturers of asbestos-containing products, such as automotive or industrial parts. Lawsuits can provide compensation for your pain and suffering, medical expenses, and lost income.
Colorado residents suffering from asbestos-related illnesses may be eligible for Social Security disability benefits. Additionally, veterans who were exposed to asbestos during their service may qualify for VA disability benefits. These claims can offer crucial financial support during a challenging time.
Learn more about the legal options available to your family
Ready For Help?
Navigating the intricacies of asbestos-related legal matters can be daunting, but rest assured, you don't have to face this journey alone. Every asbestos case is unique and we are committed to helping you decipher the next steps. You may be eligible for compensation, even if the exposure occurred many years ago.
We invite you to reach out to us using the form provided below. Our firm is dedicated to ensuring that you understand your rights and liabilities under Colorado's asbestos laws. We are ready to assist you in your pursuit of justice and compensation. Remember, it's not just about understanding the law, it's about using it to your advantage.
Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS