Personal Injury Lawsuit in Colorado
Filing a personal injury lawsuit in Colorado is a structured legal process. Understanding the steps, deadlines, and modified comparative fault (51% bar) rules will help you make informed decisions about your case.
For informational purposes only. Not legal advice. Consult a licensed attorney.
2 years
Filing Deadline
Modified comparative fault (51% bar)
Fault System
At-Fault
Auto System
$15,000 – $65,000
Avg Settlement
Lawsuit Steps in Colorado
Hire an Attorney
Most personal injury attorneys in Colorado work on contingency — no upfront fees. They evaluate your case and advise on whether litigation makes sense.
Investigation & Evidence
Your attorney gathers medical records, accident reports, witness statements, and expert opinions to build the strongest possible case.
Demand & Negotiation
Before filing suit, your attorney typically sends a demand letter and attempts settlement. Most cases resolve without going to court.
File the Complaint
If negotiations fail, your attorney files a complaint in the appropriate Colorado court. You must file within 2 years of the injury.
Discovery
Both sides exchange evidence, take depositions, and may hire expert witnesses. Discovery typically takes 6–18 months.
Mediation / Trial
Most cases settle during or after discovery. If not, your case goes to trial before a judge or jury under Colorado court rules.
Key Colorado Law Facts
Colorado applies modified comparative fault with a 51% bar under C.R.S. § 13-21-111 — if you are 51% or more at fault, you cannot recover damages; below that threshold your award is reduced proportionally by your share of fault.
Colorado requires all drivers to carry personal injury protection (PIP) coverage under C.R.S. § 10-4-706, providing up to $5,000 in no-fault medical benefits regardless of who caused the accident.
The statute of limitations for personal injury in Colorado is 2 years under C.R.S. § 13-80-102; however, claims against government entities must comply with the Colorado Governmental Immunity Act and 182-day notice requirements.