Before reaching out to an attorney, you should familiarize yourself with how filing works in Colorado, what to expect, and when to seek legal advice.
Let this article be your starting guide to personal injury law in Colorado with information on:
- Personal injury claims
- Legal processes
- Colorado laws
- Damages
- Factors influencing cases
- Common accidents
- The role of Colorado personal injury lawyers
How Do Colorado Personal Injury Claims Work?
When you are injured in an auto accident, a slip-and-fall in a store, or a similar incident, you may have a claim against the liable party. If your case is strong enough, you may receive a settlement.
If your case goes to court, a judge or jury decides if you are eligible for damages compensation and how much. A personal injury law firm can determine whether it’s in your best interest to file a claim and help you get maximum compensation.
The process of getting from an accident to a settlement can be intricate. It involves understanding the legal principles that apply in your case, determining who is liable and negligent, and bearing the burden of proof to show that someone other than you caused your injuries. There are a number of documents to file, fees to pay, insurance companies, adjusters, and lawyers to speak to, and at the end of it all, you hopefully receive a check.
“While you can take all of the steps alone, it’s too easy to miss something important. I work with my clients to meet every deadline and advocate for the maximum settlement on all of my cases. I have had many conversations with insurance companies and their employees who don’t want to pay your claims. And I’m very good at changing their minds.”
-Triple-Board-Certified Attorney, Tommy D. Roebig
Practical Advice for After a Personal Injury
It’s hard to know how to respond when an accident occurs, and you think you’ll need to sue for liability or negligence. These do’s and don’ts can prevent you from making a costly mistake.
Do move all vehicles off the road (if safe to do so) after collisions and help anyone who’s hurt while you wait for emergency personnel.
Don’t apologize, admit fault, accept blame, or offer any sort of compensation on the scene of any accident.
Do seek medical attention as soon as possible after being injured in an accident.
Don’t visit healthcare professionals who are being paid by the liable party.
Do collect as much evidence as possible regardless of accident and injury type.
Don’t share information with parties other than your legal team unless your accident lawyer advises you to do so.
Do file a claim with your insurance company and the insurance company of any responsible parties.
Don’t assume any of them are on your side or accept any settlement offers before consulting with your lawyer.
Do know and understand the extent of your legal rights in a personal injury claim.
Don’t give or sign away your rights if you want maximum compensation.
Above all else, always consult with a qualified attorney after any incident, like the dedicated Denver personal injury lawyers at Florin|Roebig.
Step-by-Step Guide To Filing a Colorado Personal Injury Claim
Personal injury claim filing steps are complex, but this guide provides an overview of what to do. You should start the claims filing process as soon as possible after an accident or when an accident injury is discovered.
Colorado provides standard timelines, such as 14 days, for parts of the process and abnormal periods, like 63 days, for other components. You need to know which deadlines are relevant to your accident case. Experienced attorneys are less likely to miss filing by deadlines, paying correct fees, and including important information in insurance claims.
Step 1: Gathering Evidence & Documenting Injuries
An injured person can easily miss crucial first steps in the chaos of an accident. As soon as you’re able, it’s important to photograph or video the accident site, involved parties, damage, and injuries. This goes for any type of accident, not just car crashes. Also, keep track of any receipts and payment stubs relevant to the incident.
Get contact information for anyone involved in the incident, including bystanders. You never know whose statements will make a difference in your case. Tracking down witnesses later might be impossible. Exchange driver’s license and insurance information with all drivers in a motor vehicle accident.
Write down your account of the incident straight away. Little details may be significant but forgotten as time passes. Get a copy of the police report and review it for accuracy. These are official accounts, but they are created by humans who can be prone to mistakes. They can also include opinions in addition to facts — something you may want to dispute.
Take pictures of any injuries you can, and get copies of every document related to medical treatment. This includes medical bills, prescriptions, medical records, x-rays, and doctor’s notes. Also, keep notes during every medical visit. Write down any symptoms you have, what healthcare professionals tell you about your injuries, and anything else that’s relevant. A lack of sufficient evidence can be viewed as a bad faith claim.
Step 2: Filing a Claim
Reach out to your insurance company and the insurance companies of any at-fault parties immediately following an incident for which you have a claim. However, be careful with your words. Never use language that indicates you’re at fault in any way, as this can be used against you most of the time. Also, avoid accepting any settlement offers. An attorney who specializes in personal injury law makes the claim filing process easier.
Filing a claim officially informs all parties that you’re seeking payment for damage, injuries, and negligent behavior. Many Colorado personal injury lawyers, including those at Florin|Roebig, offer free consultations for people who want to file a claim. They will determine if filing a claim is necessary and handle all communications related to your case with the at-fault or liable parties, insurance companies, adjusters, and other lawyers.
Claims can be filed in one of three venues:
- Your county of residence
- The other party’s county of residence
- The county where the incident occurred
Step 3: Determining a Fair Settlement Amount
While you may easily handle the first two steps on your own, this phase works best with legal advice, even if you choose not to pursue legal representation.
“I have had many conversations with clients about this part of the legal process. I want to put the right number in this box, and there are many factors that clients often fail to consider.”
Your attorney has a legal team that can help with gathering evidence, but anything you’ve put together on your own can quicken the process, especially evidence from the scene. As you move through doctor visits and document your symptoms and life changes, it’s important to continue sharing that with your personal injury law office.
Compiling evidence is a major component of calculating your damages. Experienced lawyers like those at Florin|Roebig know how to translate your economic and non-economic damages into a fair settlement amount. Identifying a number kicks off negotiations, wherein the liable or responsible party (or their representation) attempts to lower the amount they owe you.
Step 4: Filing a Lawsuit and Defending Your Case in Court
Arguing a personal injury case in a trial setting is usually a last resort. Most of the time, all parties are able to come to a reasonable agreement outside the courtroom. And because a settlement can be attained at any point, as long as neither judge nor jury has ruled, a lawsuit does not guarantee a trial. What it does is elevate the seriousness of your claim.
This is useful if an insurance company or other liable party is stonewalling or lowballing you in negotiations. When it seems like your claims aren’t being taken seriously, a lawsuit can be a wake-up call for the responsible parties.
Experienced trial lawyers increase your chances of a favorable verdict, especially if you have to wait an extended period for your day in court. Attorneys like those at Florin|Roebig can connect you with valuable resources to help you during the wait, and we work on a contingency fee basis to save you upfront costs while you recover.
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What Types of Damages Can You Be Compensated For in a Personal Injury Case?
Accidents have obvious losses, such as medical expenses, and more subtle impacts, like emotional and mental distress. A Colorado personal injury attorney with years of experience considers how injuries and related distress affect your life when determining a fair settlement amount.
Special Compensatory Damages
Special compensatory damages are the simplest and easiest to calculate. These damages include financial losses resulting from an accident, including medical bills, loss of wages (due to being unable to work after an accident), and property damage.
Your lawyer compiles records and documents to ensure you receive maximum compensation for these losses. These are also known as economic damages.
General Compensatory Damages
General compensatory damages are more abstract. Examples include pain and suffering related to injuries incurred, mental distress, loss of relationships, and loss of enjoyment, known as non-economic damages.
Experienced personal injury lawyers are experts at determining the amount of compensation to be awarded for general damages. They can clearly provide evidence and reasoning for those amounts.
Punitive Damages
The courts can award punitive damages, which punish negligent parties, in personal injury cases in Colorado, but this is a rarity.
Factors That Influence Colorado Personal Injury Cases
Several factors determine whether your claim is eligible for compensation under state laws. Keep reading to learn more about these factors and how each can affect your case outcome.
Fault, Negligence, and Liability
Fault refers to the party that caused an accident. If you’re the at-fault party in an accident, you may still be able to file a personal injury claim. Fault can be split between multiple parties, and in Colorado, the law states that a person with a shared fault can still seek damages.
Negligence is a failure on the part of the at-fault party to care for the safety of others. Colorado operates under modified comparative negligence, so each party in an incident may share the blame. Any negligence claims require proof, and the plaintiff is generally expected to provide it.
Your legal representation works with other parties to determine negligence percentages, which reduce or increase each party’s eligibility for damages. You can only claim damages against parties that are more at fault than you are, and anyone 50% or more at fault is ineligible to claim any damages.
Your attorney has to prove that the other party’s actions directly caused your injuries. For example, if they ran a traffic signal and struck you in a crosswalk, their actions harmed you. If they mopped the floor where they work and didn’t put out a warning sign, they failed to act reasonably, which led to your fall.
Sometimes, determining negligence is tricky. Florin|Roebig lawyers are experts at deciphering negligence during an accident and clearly demonstrating the cause of pedestrian accidents and premises liability.
Liability refers to the party who will be responsible for paying damages to the claimant. The liable party is not always the same as the at-fault party. Oftentimes, the liable party is an insurance company or employer of the at-fault party. In cases where an at-fault driver does not have insurance, they may be held liable for damages.
Other times, an automaker or even the party responsible for maintaining a roadway could be liable for an accident. Speak with a lawyer to learn more about fault, negligence, and liability in personal injury cases.
Injury Type
Injuries suffered in accidents can vary from dog bites to traumatic brain injuries, broken bones, or even a simple scrape. More serious injuries usually lead to more losses for the accident victim, meaning the settlement amount will be higher. Catastrophic injuries that result in death may lead to a specific type of personal injury claim called a wrongful death claim.
Statute of Limitations
Colorado’s statute of limitations is two years, which is the amount of time you have from the date of your injury to file most personal injury claims.
Colorado statute of limitations can be affected by these factors:
- Misdemeanors
- Medical malpractice
- Government involvement
- Filing against law enforcement
- Being a minor at the time
- Date of discovery
Damage Caps
A 2019 Colorado General Assembly bill increases damage cap numbers every two years for any accident type occurring for the two years following each update. These damage caps limit the amount an injured person can claim.
A personal injury lawyer at Florin|Roebig can help you understand the amount of damages you can pursue and whether you have a strong claim.
Common Types of Accidents That Lead to Personal Injury Claims
Seventy-nine percent of accidental injury deaths in Colorado in 2014 were caused by falls, accidental drug overdoses, and motor vehicle crashes. If your accident occurs at work, you may have to first file for workers’ compensation and be unable to claim personal injury.
You can usually file a personal injury claim for an injury as long as you are not more than 50% at fault and can prove negligence. Speaking with an attorney before taking any next steps can prevent you from misfiling.
Below are some common accident types that lead to personal injury claims in Colorado:
- Car accidents
- Trucking accidents
- Assault and battery
- Rideshare accidents
- Dog bites
- Motorcycle accidents
- Bicycle accidents
- Premises liability
- Slips and falls
- Product liability
- Medical malpractice
- Wrongful death
Common Injuries That Lead to Claims
Countless types of injuries can result in a personal injury claim, even if they seem like minor injuries. Usually, the more serious an injury, the higher the compensation amount.
Common injuries resulting in personal injury lawsuits include:
- Broken bones
- Disfigurement
- Chest injuries
- Scarring
- Head injuries
- Back injuries
- Neck injuries
- Whiplash
- Dismemberment
- Traumatic brain injuries
- Wrongful death (fatalities)
A qualified attorney can explain whether your injuries and expenses can be claimed in a personal injury lawsuit.
List of Colorado’s Top Personal Injury Lawyers
The team of lawyers at Florin|Roebig has decades of experience helping personal injury victims and their family members get fair compensation for their injuries and damages. With an excellent track record in court and over $1 billion awarded in settlements for our clients, we offer some of the best personal injury legal representation in Colorado.
We have recently been named one of the U.S. World News Report’s Best Law Firms, in addition to several other prestigious awards and a long list of excellent client testimonials. We have lawyers available to assist in all areas of the state, including Denver, Colorado Springs, Aurora, Boulder, and elsewhere.
Our award-winning team of attorneys includes:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Chase P. Florin, B.C.S.
- Neil P. O’Brien, M.B.A.
- Shaun M. Cummings
- Luca G. Esposito
- Parker Y. Florin, LL.M.
- John J. Hart
- Chad K. Florin, M.B.A., LL.M.
- Michael A. Ossi, O.C.
- Taylor D. Roebig
- Andrew M. Leone, O.C.
- Nicholas S. Costantino
- Lawrence J. Najem, O.C.
- Nollys R. Solarte, O.C.
FAQs About Colorado Personal Injury Lawyers
What percentage do most personal injury lawyers take?
Personal injury lawyers, like those at Florin|Roebig, mostly work on a contingency fee basis. Rather than charge upfront, we only get paid if we win your case. The rate is normally 15-40% of your settlement.
What is the statute of limitations on a personal injury accident in Colorado?
Two years for most types of claims. Factors that change the timeline include claims against government entities and claims filed by a party who was a minor at the time. A later discovery of an injury resets the statute for that injury.
Can you sue for pain and suffering in Colorado?
Yes, and Colorado has damage caps for each type of case. For example, medical malpractice claims for noneconomic damages are currently $300,000. A bill has been introduced to the General Assembly to incrementally increase that to $500,000 starting in January 2025.
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How To Get Help From Florin|Roebig Attorneys On Your Personal Injury Claim
The Florin|Roebig law office in Colorado is full of dedicated, highly experienced Denver personal injury attorneys who can evaluate and advise you on your case. If you choose to work with us, we take care of the legal details so you and your loved ones can focus on recuperating.
We’ll research and procure any evidence needed to solidify your claim, negotiate with all parties, and litigate in court if needed. Our goal is to get you the compensation that will help you and your loved ones move forward with peace of mind about your financial security.
Our office in Denver covers our Colorado practice areas. You can reach us by calling for a free case evaluation 24/7. We’re also available via chat on our website, with a live representative available day or night to schedule a consultation at your convenience. Explore your legal options and prioritize your well-being with our experienced Colorado personal injury attorneys.
Beginning with a free initial consultation, our team can help you through every step of the process, from filing a claim to delivering your settlement. Contact our offices today if you have been in an accident and want to know whether a personal injury claim is the best next step.