Colorado § 13-64-202 - Definitions.

§ 13-64-202. Definitions.

As used in this part 2, unless the context otherwise requires:

(1) "Economic loss" means pecuniary harm for which damages are recoverable under the laws of this state.

(2) "Future damages" means damages of any kind arising from personal injuries which the trier of fact finds will accrue after the damages findings are made.

(3) "Health-care institution" means any licensed or certified hospital, health-care facility, dispensary, other institution for the treatment or care of the sick or injured, or a laboratory certified under the federal "Clinical Laboratories Improvement Act of 1967", as amended, 42 U.S.C. sec. 263a, to perform high complexity testing.

(4) (a) "Health-care professional" means any person licensed in this state or any other state to practice medicine, chiropractic, nursing, physical therapy, podiatry, dentistry, pharmacy, optometry, or other healing arts. The term includes any professional corporation or other professional entity comprised of such health-care providers as permitted by the laws of this state.

(b) Repealed.

(c) Nothing in this subsection (4) shall be construed to create an exception to the corporate practice of medicine doctrine.

(5) "Noneconomic loss" means nonpecuniary harm for which damages are recoverable under the laws of this state, but the term does not include punitive or exemplary damages.

(6) "Past damages" means damages that have accrued before the damages findings are made, including any punitive or exemplary damages allowed by the laws of this state.

(7) "Present value" means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. The discount is determined by a commercially reasonable rate that takes into account the facts and circumstances of each case at the time the judgment is entered.

(8) "Qualified insurer" means an insurance company licensed to do business in this state or any self-insurer, assignee, plan, or arrangement approved by the court.

Source: L. 88: Entire article added, p. 613, § 1, effective July 1. L. 93: (4) amended, p. 1920, § 4, effective July 1. L. 2003: (4) amended, p. 1600, § 4, effective July 1. L. 2004: (3) amended, p. 966, § 5, effective May 21.

Editor's note: Subsection (4)(b) provided for the repeal of subsection (4)(b), effective July 1, 1996. (See L. 93, p. 1920.)

Cross references: For the legislative declaration contained in the 2003 act amending subsection (4), see section 1 of chapter 240, Session Laws of Colorado 2003.

ANNOTATION

Physical impairment is a recoverable item of damages under Colorado law as used in subsection (5). Dupont v. Preston, 9 P.3d 1193 (Colo. App. 2000), aff'd, 35 P.3d 433 (Colo. 2001).

Noneconomic damages for physical impairment and disfigurement are not included in the definition of noneconomic loss contained in § 13-64-302. Preston v. Dupont, 35 P.3d 433 (Colo. 2001).