Seven Things to Know About Personal Injury Claims in Colorado

An individual who is injured or harmed by the negligence or unlawful conduct of another may be able to seek compensation from the responsible person or business by filing a personal injury claim in a court of law. Personal injury claims include those resulting from events such as automobile accidents, dog bites, medical malpractice, product defects, and workplace accidents. Here are answers to seven commonly asked questions about personal injury claims in Colorado:

If you are injured, seek medical help immediately. Waiting to seek medical help or refusing treatment may negatively affect your ability to file a claim and/or recover damages for your injuries. Be honest about your symptoms with your medical provider and others. Depending on the cause of the injury, such as a car accident, you should call the police, exchange contact and insurance information with the other driver(s), and obtain the names and telephone numbers of anyone who witnessed the accident.

Personal injury claims are complicated and subject to numerous laws and regulations. We recommend contacting an attorney as soon as you are able or have a family member or friend contact an attorney on your behalf if you are unable to do it yourself. An attorney can help you navigate the claims and investigation process, preserve evidence, document your injuries and damages, evaluate the strengths and weaknesses of your claim, and timely file a lawsuit, if necessary.

Liability is a fact-dependent inquiry and varies based on the facts and circumstances in each case. In general, the person or business who caused your injuries, as well as his/her/their insurance company or companies, may be liable for your damages. Depending on the facts, your insurance company may also be liable for your injuries.

Keep copies of all police reports, medical reports, images, test results, prescriptions, invoices, and bills as well as all ambulance bills, and any other injury-related expenses. Take photographs of the place where the injury occurred, your injuries, and any related property damage

Yes. Personal injury claims must be filed by a specific deadline known as the applicable “statute of limitations.” While the rule may seem straightforward, it is not. The time for filing a claim varies depending on the circumstances of the case. Failure to file by the deadline may result in the dismissal of your claim and prohibit you from recovering damages.

Colorado has what is known as a “modified comparative fault rule” that applies to personal injury claims. That means that if the injured person is partially at fault, the amount of that person’s damages will be reduced by his/her/their percentage of fault. However, the injured person is prohibited from recovering any damages if he/she/they are more than 50% at fault.

There are generally two types of financial damages which an injured or harmed individual may seek to recover in a personal injury lawsuit: (1) economic damages such as medical expenses, lost wages, or property damage; and (2) non-economic damages for things such as pain and suffering, emotional distress, or changes to certain family relationships. In cases where the party who caused the injury acts willfully, wantonly, maliciously, or with reckless disregard for the safety of others, punitive damages may also be recovered.

It should be noted, however, that Colorado law limits the amount that can be recovered for non-economic, wrongful death, medical malpractice wrongful death, and medical malpractice damages. These limits are called “damages caps.” Personal injury claims filed on or after January 1, 2025 are subject to the following damage limitations:

• The cap on damages for noneconomic loss or injury is $1.5 million. Beginning January 1, 2028, the damages cap will be adjusted biennially for inflation.
• The cap on wrongful death damages in cases involving non-felonious killings is $2.125 million. Beginning January 1, 2028, the cap will be adjusted biennially for inflation.
• The cap on medical malpractice wrongful death damages will incrementally increase over the next five years from $300,000 (and $600,000 in cases involving clear and convincing evidence) to $1.575 million. The cap will then be adjusted biennially for inflation.
• The cap on noneconomic damages in medical malpractice actions will increase incrementally over the next five years from $300,000 to $875,000. The cap will then be adjusted biennially for inflation.

BHGR’s Personal Injury Group represents individuals in pursuit of civil recoveries as plaintiffs in a variety of personal injury matters, including those involving severe personal injury and wrongful death in automobile, workplace, and construction site accidents. Our attorneys also have significant experience in all related insurance coverage disputes.