Personal Injury Settlement in Colorado
Understand how personal injury settlements are calculated and negotiated in Colorado. Learn about average payout ranges, how modified comparative fault (51% bar) affects your claim, and the key deadlines you must meet.
For informational purposes only. Not legal advice. Consult a licensed attorney.
$15,000 – $65,000
Average Settlement
Modified comparative fault (51% bar)
Fault Rule
2 years
Filing Deadline
At-Fault
Auto Insurance
How Modified comparative fault (51% bar) Affects Your Settlement
Colorado follows Modified comparative fault (51% bar). Under this modified comparative fault rule, you can recover damages if you are less than 50% (or 51% in some states) at fault. If your fault exceeds the threshold, you recover nothing. Your award is reduced by your percentage of fault below that threshold.
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.
Settlement Process in Colorado
Report & Document
Report your accident and gather all evidence. Colorado is an at-fault state — the at-fault party's insurer is responsible for your damages.
Seek Medical Treatment
Get all necessary medical care and keep detailed records. Your medical expenses are the foundation of your settlement value.
Demand Letter
Once your treatment is complete (or near maximum medical improvement), your attorney sends a demand letter to the insurance company with your full damages claim.
Negotiate
Insurance companies typically respond with a lower counter-offer. Negotiations proceed until both parties agree or you proceed to litigation.
File by Deadline
You have 2 years from the date of injury to file a lawsuit in Colorado. Never let this deadline pass without legal action.
Personal Injury Law in Colorado
Colorado uses modified comparative fault with a 51% bar, so an injured party who bears majority fault cannot recover. The state mandates PIP coverage in auto policies, providing some no-fault medical benefits even in a primarily tort-based system. The statute of limitations is 2 years for personal injury. Colorado courts see significant litigation from skiing and outdoor recreation accidents under the Colorado Ski Safety Act, which limits ski resort liability in some circumstances. Premises liability claims against landowners are governed by C.R.S. § 13-21-115, which distinguishes between trespasser, licensee, and invitee standards. Colorado caps noneconomic damages in personal injury cases at $250,000 (adjustable for inflation), with a higher cap of $500,000 available upon clear and convincing evidence of extraordinary circumstances. Sovereign immunity protections apply to government entity claims, requiring strict compliance with the Colorado Governmental Immunity Act.