Being injured in an accident can leave you dealing with medical treatment, missed work, insurance companies, and unexpected expenses. At the same time, you may be trying to understand what legal rights you have and whether you may be entitled to compensation.
Colorado has specific rules that can affect a personal injury claim, including deadlines for filing a lawsuit, how fault is determined, and what types of damages may be available. Understanding these Colorado injury laws can help accident victims make informed decisions after an injury. If you are unsure how the law applies to your situation, speaking with a personal injury attorney can help you understand your options.
What Are Colorado Personal Injury Laws?
Colorado personal injury laws govern claims involving injuries caused by another person’s negligence or wrongful conduct.
Depending on the circumstances, personal injury claims may arise from:
Car and motorcycle accidents
Pedestrian accidents
Bicycle accidents
Truck accidents
Slip and fall accidents
Premises liability incidents
Dog bites
Other accidents caused by negligence
In many personal injury cases, the injured person must establish that another party was legally responsible for causing the accident and resulting damages. However, Colorado law does not always require one party to be entirely at fault.
Colorado follows a comparative negligence system, meaning an injured person’s compensation can be reduced based on their percentage of fault. Understanding how fault and other Colorado injury laws apply to your accident can be important before accepting an insurance settlement or deciding how to proceed with a claim.
Colorado Uses a Comparative Negligence Rule
One of the most important Colorado injury laws concerns comparative negligence. Under Colorado Revised Statutes § 13-21-111, a person may still recover damages in a negligence case when their own negligence contributed to the accident, provided their negligence was not as great as the negligence of the person against whom they are seeking recovery. Any damages awarded are reduced in proportion to the injured person’s percentage of fault.
For example, suppose an accident victim is awarded $100,000 in damages but is found to be 20% responsible for the accident. The award could be reduced by 20%, resulting in $80,000. However, if the injured person’s negligence is equal to or greater than the negligence of the defendant, Colorado law can prevent recovery under this rule. Because determining fault can directly affect the amount of compensation available, disputes over liability can make a personal injury claim more complicated.
How Long Do You Have to File a Personal Injury Claim in Colorado?
Time limits are another important part of Colorado injury laws. Colorado generally provides a three-year statute of limitations for tort actions involving bodily injury or property damage arising from the use or operation of a motor vehicle. This rule is established under C.R.S. § 13-80-101(1)(n). Other types of personal injury claims may be subject to different deadlines. For example, Colorado’s general statute of limitations for many tort actions is two years under C.R.S. § 13-80-102.
The applicable deadline can also depend on who is responsible, the type of accident, and the legal basis for the claim. Because missing a filing deadline can prevent you from pursuing a claim in court, accident victims should not assume that every personal injury case has the same deadline. If you are uncertain about the deadline that applies to your case, consulting a personal injury attorney as early as possible can help you understand the relevant requirements.
What Compensation Can You Recover After an Accident?
The compensation available in a Colorado personal injury claim depends on the circumstances and losses involved.
Potential damages may include:
Medical expenses
Future medical treatment
Lost wages
Loss of future earning capacity
Property damage
Physical pain and suffering
Emotional distress
Other legally recoverable losses
Economic damages are generally associated with financial losses that can be documented, such as medical bills or lost income. Noneconomic damages may relate to losses such as pain, suffering, and emotional distress. The availability and amount of damages depend on the specific facts of the claim and applicable Colorado law.
Not every accident victim will be entitled to every type of compensation. The nature and severity of the injury, available evidence, insurance coverage, and the conduct of the responsible party can all affect a claim.
What Evidence Can Support a Personal Injury Claim?
Evidence can play an important role in establishing what happened, who was responsible, and how the accident affected you.
Depending on the circumstances, useful evidence may include:
Accident or police reports
Photographs and videos from the accident scene
Medical records and bills
Employment and wage records
Witness statements
Insurance correspondence
Property damage documentation
Other records related to the accident and injuries
It is generally helpful to preserve relevant documents and records after an accident. For example, photographs showing vehicle damage or the condition of an accident scene may help establish what occurred.
Medical records can also document the nature of an injury and the treatment required. When liability is disputed, an attorney may review available evidence to determine how the facts support your claim.
What If You Were Partially Responsible for the Accident?
Being partially responsible does not automatically mean you cannot recover compensation in Colorado. As discussed above, Colorado’s comparative negligence law allows recovery when the injured person’s negligence is less than the negligence of the party against whom recovery is sought. The damages are then reduced according to the injured person’s percentage of fault.
Insurance companies may attempt to assign a portion of the blame to an injured person during settlement negotiations. For this reason, it is important to understand how fault is being assessed before accepting a settlement. If the percentage of fault is disputed, a personal injury attorney can review the available evidence and explain the potential legal implications.
How Do Insurance Companies Affect Personal Injury Claims?
After an accident, you may need to communicate with one or more insurance companies. An insurer may investigate the accident, review medical records, assess liability, and evaluate the damages being claimed. The insurance company’s assessment does not necessarily determine the full amount of compensation an injured person may ultimately be entitled to receive.
You should carefully review any settlement offer before accepting it. An early settlement may seem appealing when medical bills and other expenses are accumulating. However, accepting a settlement generally involves giving up the ability to pursue additional compensation for the same claim. If you are still receiving treatment or do not fully understand the extent of your losses, consider obtaining legal advice before signing a settlement agreement.
When Should You Contact a Personal Injury Attorney?
Not every accident requires legal representation. Some straightforward claims may be resolved through the insurance process.
However, speaking with a personal injury attorney may be particularly helpful when:
Your Injuries Are Serious
Serious injuries can involve extensive medical treatment, long-term rehabilitation, permanent limitations, or significant changes to your ability to work. The more complicated your injuries and losses become, the more important it may be to understand how your potential damages are calculated.
Liability Is Disputed
If the parties disagree about who caused the accident, establishing fault may require additional evidence and investigation.
The Insurance Company Denies Your Claim
An insurer may dispute liability, question the severity of your injuries, or deny that certain losses are related to the accident.
You Received a Settlement Offer
Before accepting a settlement, you should understand what the agreement covers and whether it adequately addresses your documented losses.
You Are Unsure About Colorado’s Filing Deadlines
Different claims can have different statutes of limitations. Getting legal guidance early can help you avoid relying on an incorrect deadline.
What Should You Do After an Accident in Colorado?
Taking appropriate steps after an accident can help protect your health and preserve important information about your claim. First, seek medical attention when necessary. Some injuries may not be immediately obvious, and medical documentation can also establish a record of your treatment.
If possible, document the accident scene by taking photographs or videos and collecting contact information from witnesses. You should also keep copies of medical bills, receipts, wage-loss documentation, insurance correspondence, and other records related to the accident.
Avoid making assumptions about your claim simply because your injuries initially seem minor. Symptoms and financial losses can develop over time. If you are contacted by an insurance company, be careful about making statements or accepting a settlement before understanding your rights and the potential impact of your decisions.
Common Mistakes Accident Victims Should Avoid
Understanding Colorado injury laws is important, but knowing what not to do after an accident can be equally valuable.
Common mistakes include:
Delaying necessary medical treatment
Failing to document injuries and expenses
Assuming you cannot recover compensation because you were partially at fault
Accepting an insurance settlement without reviewing its terms
Ignoring legal filing deadlines
Discussing the accident publicly or on social media without considering how statements may be interpreted
Failing to preserve relevant evidence
Waiting until the last minute to seek legal guidance
Avoiding these mistakes can help you make more informed decisions throughout the claims process.
Why Legal Guidance Can Matter
Personal injury claims can involve more than proving that an accident occurred. You may need to establish liability, document your injuries, calculate financial losses, communicate with insurers, and comply with applicable legal deadlines.
A personal injury attorney can review the circumstances of your accident and explain how Colorado law may apply to your situation. Legal guidance can be especially valuable when your injuries are serious, liability is disputed, or the insurance company is offering less compensation than you believe is appropriate.
Talk to a Personal Injury Attorney About Your Colorado Accident
Understanding Colorado injury laws can help accident victims make informed decisions after an injury. Rules concerning comparative negligence, filing deadlines, damages, and insurance claims can all affect the outcome of a personal injury case. At 5280 Injury Law, our experienced personal injury attorneys can review the circumstances of your accident, explain your legal options, and help you understand the next steps.
If you have been injured because of someone else’s negligence, do not assume you have to handle the process alone. Contact 5280 Injury Law today to schedule a consultation and discuss your case with a personal injury attorney.
Frequently Asked Questions (FAQs)
What is the most important Colorado injury law to know after an accident?
There are several important rules, including Colorado’s comparative negligence law and statutes of limitations. The specific rules that apply depend on the type of accident and claim.
How long do I have to file a car accident injury claim in Colorado?
Colorado generally provides three years for tort actions involving bodily injury or property damage arising from the use or operation of a motor vehicle. However, exceptions and different rules may apply depending on the circumstances.
Can I recover compensation if I was partially at fault?
Potentially, yes. Colorado’s comparative negligence law generally allows recovery when the injured person’s negligence is less than the negligence of the person against whom recovery is sought, with damages reduced according to the injured person’s percentage of fault.
Should I accept the insurance company's first settlement offer?
You should carefully review any settlement before accepting it. A settlement may affect your ability to seek additional compensation for the same claim. If you are unsure whether an offer is appropriate, consider speaking with a personal injury attorney.
Do I need a personal injury attorney after an accident?
Not every accident requires legal representation. However, an attorney may be helpful when injuries are serious, liability is disputed, the insurance company denies the claim, or you are uncertain about your rights and applicable deadlines.
