Personal Injury Legal Advice | Conduit Law Blog

Navigating the aftermath of a personal injury can be overwhelming. Understanding your legal rights, Colorado's laws, and the compensation you may be entitled to is crucial for protecting your interests and securing the recovery you deserve.

Understanding Colorado Personal Injury Law

Personal injury law in Colorado is designed to protect individuals who have been harmed due to another party's negligence, recklessness, or intentional actions. Whether you've been injured in a car accident, slip and fall, workplace incident, or any other type of accident, Colorado law provides a framework for seeking compensation for your damages.

At its core, personal injury law allows victims to recover damages for medical expenses, lost wages, pain and suffering, and other losses stemming from their injuries. However, successfully pursuing a claim requires understanding the specific laws that govern these cases in Colorado.

Critical Time Limits: Colorado's Statute of Limitations

One of the most important aspects of any personal injury case is the statute of limitations—the deadline by which you must file your lawsuit. Missing this deadline typically means losing your right to seek compensation entirely.

General Personal Injury Claims

In Colorado, most personal injury claims are subject to a two-year statute of limitations under Colorado Revised Statutes § 13-80-102. This means you have two years from the date of your injury to file a lawsuit against the responsible party. This two-year deadline applies to various types of claims including:

Slip and fall accidents and premises liability cases
Dog bite injuries
Workplace injuries (outside of workers' compensation)
Medical malpractice claims
Defective product injuries
Wrongful death lawsuits

Motor Vehicle Accidents

Colorado provides a longer window for motor vehicle accident claims. If your injury resulted from a car, truck, motorcycle, or other vehicle accident, you generally have three years from the date of the accident to file your lawsuit. This extended timeline recognizes that vehicle accident injuries may take longer to fully manifest.

Important Exceptions to Know

Several important exceptions can extend or modify these standard deadlines:

The Discovery Rule: In cases where an injury is not immediately apparent, the statute of limitations may not begin until the date the injury was discovered or reasonably should have been discovered. This is particularly relevant in medical malpractice and toxic exposure cases.
Minor Victims: If the injured person was under 18 at the time of the accident, the statute of limitations generally doesn't begin running until they reach their 18th birthday.
Government Claims: Claims against government entities face much shorter deadlines. You typically have only 180 days to provide written notice of your intent to file a claim against a city, county, or state entity. Missing this deadline often bars your claim entirely.

Given these strict deadlines and their exceptions, it's crucial to consult with a personal injury attorney as soon as possible after your accident.

Colorado's Modified Comparative Negligence Law

Colorado follows a "modified comparative negligence" system under Colorado Revised Statutes § 13-21-111. This law can significantly impact your ability to recover damages and the amount you may receive.

How Comparative Negligence Works

Under this system, your compensation is reduced by your percentage of fault for the accident. However, there's a critical threshold: if you are found to be 50% or more at fault, you cannot recover any damages.

For example:

If you suffer $100,000 in damages but are found 20% at fault, you can recover $80,000 (reduced by your 20% share of fault)
If you are found 49% at fault, you can still recover 51% of your damages
If you are found 50% or more at fault, you recover nothing

This makes the determination of fault a critical aspect of every personal injury case in Colorado. Insurance companies often try to shift blame onto victims to reduce their liability. Having experienced legal representation is essential to protect your interests and accurately present the facts of your case.

Understanding Damage Caps in Colorado (2025 Updates)

Colorado law places caps on certain types of damages in personal injury cases. Recent legislative changes have significantly increased these limits, providing greater protection for injury victims.

Major Changes Effective January 1, 2025

Governor Polis signed House Bill 24-1472 into law, which dramatically increased damage caps for cases filed on or after January 1, 2025:

General Personal Injury Cases

Non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life): Increased from $613,760 to $1.5 million—more than a 140% increase
Starting January 1, 2028, this cap will adjust every two years based on inflation
Economic damages (medical bills, lost wages, property damage): No caps except in medical malpractice and dram shop cases

Wrongful Death Cases

Non-economic damages cap: $2.125 million
Will adjust every two years starting January 1, 2028

Medical Malpractice Cases

Non-economic damages cap: Increasing incrementally to $875,000 over five years (starting from the previous $300,000 cap)
Medical malpractice wrongful death: Increasing incrementally to $1.575 million over five years

These changes represent a significant victory for personal injury victims and ensure that seriously injured individuals can receive more appropriate compensation for their suffering.

Types of Damages You May Recover

Understanding what types of compensation you may be entitled to is crucial for evaluating your case:

Economic Damages

These are quantifiable financial losses including:

Medical expenses: Emergency care, hospitalization, surgery, medication, rehabilitation, and future medical needs
Lost wages: Income lost due to time off work for recovery
Loss of earning capacity: Reduced ability to earn income in the future due to disability
Property damage: Repair or replacement costs for damaged property
Out-of-pocket expenses: Transportation to medical appointments, home modifications, assistive devices

Non-Economic Damages

These compensate for intangible losses such as:

Pain and suffering: Physical pain and discomfort from your injuries
Emotional distress: Anxiety, depression, PTSD, and other psychological impacts
Loss of enjoyment of life: Inability to participate in activities you previously enjoyed
Loss of consortium: Impact on your relationship with your spouse
Disfigurement or scarring: Permanent physical changes to your appearance

Punitive Damages

In rare cases involving particularly egregious conduct, Colorado courts may award punitive damages to punish the defendant and deter similar behavior. These are awarded in addition to compensatory damages but only when the defendant's actions were willful, wanton, or fraudulent.

Essential Steps to Take After an Injury

The actions you take immediately following an accident can significantly impact your ability to recover compensation. Here's what you should do:

1. Seek Medical Attention Immediately

Your health is the top priority. Even if you don't think you're seriously injured, see a doctor right away. Some injuries have delayed symptoms, and gaps in medical treatment can be used against you by insurance companies. Immediate medical care also creates essential documentation of your injuries.

2. Document Everything

Gather and preserve evidence including:

Photographs of the accident scene, your injuries, and property damage
Contact information for witnesses
Police reports or incident reports
Medical records and bills
Records of lost wages and expenses
A journal documenting your pain, limitations, and recovery process

3. Don't Speak to Insurance Companies Without Legal Representation

Insurance adjusters may seem friendly, but they work for the insurance company—not for you. Their goal is to minimize the company's payout. Statements you make can be twisted and used against you. Politely decline to give recorded statements and direct them to your attorney.

4. Avoid Social Media

Insurance companies routinely monitor claimants' social media accounts looking for posts that contradict injury claims. Even innocent posts can be taken out of context. It's best to avoid posting about your accident, injuries, or activities while your case is pending.

5. Consult with an Experienced Personal Injury Attorney

The legal system is complex, and insurance companies have teams of lawyers working to minimize their liability. Having an experienced personal injury attorney on your side levels the playing field and significantly improves your chances of receiving fair compensation.

How Conduit Law Can Help

At Conduit Law, we understand that dealing with a personal injury is one of the most challenging experiences you can face. Our team, led by Elliot Singer—a former Assistant Attorney General with extensive personal injury experience—is dedicated to fighting for the rights of injury victims throughout Colorado.

Our Approach

We provide:

Personalized attention: We treat every client as an individual, not a case number
Thorough investigation: We gather evidence, consult experts, and build the strongest possible case
Aggressive negotiation: We fight for maximum compensation in settlement negotiations
Trial-ready representation: We're prepared to take your case to court if necessary
No fees unless we win: We work on a contingency basis, so you pay nothing unless we recover compensation for you

Types of Cases We Handle

Our personal injury practice includes:

Frequently Asked Questions

How much is my case worth?

The value of a personal injury case depends on many factors including the severity of your injuries, the amount of your medical bills, your lost wages, the degree of the defendant's fault, and the impact on your quality of life. Every case is unique. We offer free consultations to evaluate your specific situation.

How long will my case take?

The timeline varies greatly depending on the complexity of your case, the severity of your injuries, and whether the case settles or goes to trial. Some cases resolve in a few months, while others may take a year or more. We work efficiently while ensuring we don't settle for less than you deserve.

Should I accept the insurance company's first offer?

Insurance companies often make low initial offers hoping you'll accept before consulting an attorney. These offers rarely reflect the true value of your claim. Never accept a settlement offer without first having an experienced attorney review it.

What if I can't afford an attorney?

Conduit Law works on a contingency fee basis. This means you pay no upfront fees, and we only get paid if we recover compensation for you. Our fee comes as a percentage of your settlement or verdict. This arrangement allows everyone access to quality legal representation regardless of their financial situation.

Contact Conduit Law for Your Free Consultation

If you've been injured due to someone else's negligence, don't wait to seek legal advice. Colorado's statute of limitations means time is of the essence. The sooner you contact us, the better we can protect your rights and preserve important evidence.

Our experienced team is ready to review your case, answer your questions, and help you understand your legal options—at no cost and with no obligation.

"Our goal is to make the legal process as smooth as possible while you focus on your recovery. We handle the legal complexities so you can focus on healing."

Call us today at (720) 432-7032 or fill out the contact form below to schedule your free, confidential consultation.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Colorado personal injury law is complex and case-specific. For advice about your particular situation, please consult with a qualified attorney. Laws and regulations are subject to change, and this information is current as of the publication date.