Personal Injury Lawyers in Colorado Springs

How an injury claim works in Colorado

Most injury claims rest on negligence. To recover, you have to show that the person or business responsible owed you a duty to act with reasonable care, that they failed to, and that the failure caused injuries with real, provable losses. A driver owes that duty to everyone else on the road. A store owes it to its customers. A manufacturer owes it to the people who use its products.

Some claims work differently. Colorado’s dog bite statute holds an owner responsible for a serious bite without any proof of carelessness, and a claim against your own insurance company turns on the policy and on how the insurer handled your claim. The pages for each kind of case explain what changes.

The deadlines

Colorado gives you two years from the injury to file most claims, and three years when the injury came from the use or operation of a motor vehicle. Once the deadline passes, the claim is almost always gone, however strong it was.

Some deadlines are much shorter. If a city, county, school district, or other public entity may be responsible, Colorado requires written notice within 182 days of discovering the injury, long before any lawsuit. A claim against a bar or restaurant that over-served a drunk driver must be filed within one year.

Children get more time. When no court has appointed a representative for the child, the deadline generally runs until the later of the normal period or two years after the child turns 18. Parents should not rely on that without advice, because related claims can run on a different clock.

When you share some of the blame

Insurers often argue that the injured person was partly at fault. Colorado uses modified comparative negligence: your compensation is reduced by your share of the fault, and if your share is as great as the other side’s, you recover nothing. A finding that you were 20 percent at fault reduces an award by 20 percent. A finding of 50 percent ends the claim.

That makes the evidence of what happened, and who did what, central to almost every case. It is also why what you say to an insurance adjuster early on matters.

What a claim can recover

Economic losses are the ones with a price: medical bills, future treatment, lost wages, and lost earning capacity. Noneconomic losses are pain, emotional distress, inconvenience, and loss of enjoyment of life. Colorado caps noneconomic damages. For claims arising on or after January 1, 2025, the cap is $1.5 million, adjusted for inflation from 2028. Damages for physical impairment and disfigurement are not subject to that cap, which matters most in the most serious cases.

Punitive damages, which Colorado calls exemplary damages, are rare. They require conduct that was willful and wanton, such as driving drunk, and cannot be requested until the case is under way.

Dealing with insurance companies

Colorado car insurance works on fault: the at-fault driver’s insurer pays for the harm its driver caused. Your own policy may help too. Medical payments coverage can pay early medical bills whoever was at fault, and uninsured and underinsured motorist coverage steps in when the other driver has no insurance or not enough. Colorado requires insurers to offer both, and treats them as part of your policy unless you rejected them in writing.

The other driver’s adjuster is working for the other driver. A recorded statement given in the first few days, or a quick offer made before anyone knows how serious the injury is, usually reflects that. You are not required to give the other side’s insurer a recorded statement.

What to do in the first days

Get medical care and follow through with it. Gaps in treatment are the most common reason an insurer argues an injury was minor or unrelated. Keep every bill, record, and receipt. Photograph the scene, the vehicles or the hazard, and your injuries as they heal. Get the names and numbers of witnesses. Report the incident to the police, the property owner, or the employer as the situation calls for, and keep a copy. Stay off social media about the incident.

How we handle injury claims

We track the deadline that applies from the first conversation, including any short notice period. We collect the medical, wage, and scene evidence that supports the full value of the claim, identify every source of insurance, and deal with the insurers so you can focus on recovering. If a fair settlement is not offered, we prepare the claim for court.

We don’t handle medical malpractice or workers’ compensation claims. If your case involves either, we’ll tell you so at the start.