Frequently Asked Questions in Colorado
Whether you’re driving through Denver, skiing in the mountains, or working on a construction site, accidents in Colorado can happen anywhere and at any time. If you or someone you care about is injured, it’s important to understand what steps to take, what legal rights you have, and what resources are available. This FAQ guide answers some of the most common questions victims and families ask after accidents in Colorado.
How long do I have to file a personal injury lawsuit in Colorado?
In Colorado, the statute of limitations for most personal injury cases is two years from the date of the injury. However, if your injury is the result of a motor vehicle accident, you have three years to file a claim. Missing the deadline can prevent you from recovering compensation. It’s best to consult a lawyer early to protect your legal rights.
What should I do after an accident in Colorado?
Start by calling 911 and checking for injuries. Take photos of the accident scene, gather witness information, and exchange contact and insurance details with the other party. Seek medical treatment as soon as possible, even if you feel fine at first. Then, notify your insurance company and consider reaching out to a personal injury attorney.
Do I need to report all car accidents to the police?
Yes, Colorado law requires drivers to report any crash involving injury, death, or property damage. The safest option is to call law enforcement and have them file an official accident report. This documentation is important if you later need to file an insurance claim or pursue a lawsuit. You should also complete a report through the Colorado Department of Revenue if required.
What happens if I’m partly at fault for the accident?
Colorado uses a modified comparative negligence rule. You can still recover compensation as long as you are less than 50 percent at fault. Your total compensation will be reduced by your percentage of fault. For example, if you’re 30 percent responsible, your damages will be reduced by 30 percent.
What types of damages can I recover in a personal injury case?
You may be able to recover damages for medical bills, lost wages, pain and suffering, emotional distress, and property damage. If your injuries require long-term care or impact your ability to work, future costs may also be included. In rare cases, punitive damages may be awarded. The exact amount depends on the severity of your injuries and the circumstances of the accident.
How do I get a copy of an accident report in Colorado?
You can request an accident report from the law enforcement agency that responded to the crash. If the Colorado State Patrol handled the incident, visit the Colorado DMV website at https://dmv.colorado.gov. You’ll need information like the date and location of the crash and possibly a small fee. Reports are typically available within a few business days.
What should I do if my loved one was killed in an accident?
If a family member dies due to another person’s negligence, you may be able to file a wrongful death claim. In Colorado, these claims are usually filed by the surviving spouse, children, or parents. Compensation can include funeral expenses, lost future income, and emotional loss. You generally have two years from the date of death to file a wrongful death lawsuit.
What if the person who caused the crash has no insurance?
If the other driver is uninsured or underinsured, your own insurance policy may help if you have uninsured/underinsured motorist (UM/UIM) coverage. This coverage can pay for medical bills and other losses up to the policy limits. You may also be able to sue the at-fault driver directly, though collecting damages may be difficult if they lack financial resources.
Are there financial assistance programs for accident victims?
Yes. Colorado offers Medicaid, food assistance, and other benefits through the Colorado PEAK system. If the accident was a result of a crime, such as a DUI, the Colorado Crime Victim Compensation Program may help cover medical expenses, lost wages, and counseling services. Local nonprofits and hospitals may also offer support services based on your needs.
Should I accept the insurance company’s first offer?
It’s usually best not to accept the first settlement offer without reviewing it carefully. Insurance companies often try to close claims quickly with low offers. Once you accept, you may be giving up your right to further compensation. A personal injury attorney can help you determine whether the offer is fair or if you should negotiate for more.
Can I sue if I was injured on government property?
Yes, but claims against the government in Colorado follow different rules. You must file a notice of claim within 182 days of the incident. If the agency denies your claim, you then have two years to file a lawsuit. These types of cases are more complex, so it’s important to work with a lawyer familiar with government liability.
How long does a personal injury case take to resolve?
Some claims are resolved in a few months, while others take a year or more. Factors such as the complexity of the case, severity of the injuries, and willingness of the insurance company to settle can all affect the timeline. A good attorney will keep your case moving while making sure you receive full compensation.
What happens if I was injured while working?
If you were injured on the job, you may be eligible for workers’ compensation benefits, which cover medical care and partial wage replacement. If a third party was responsible for your injury, such as a subcontractor or equipment manufacturer, you may also have a personal injury claim. Be sure to report the injury to your employer right away and document everything.
Do I need a lawyer to file a personal injury claim?
While you can file a claim on your own, having a lawyer often increases your chances of a fair outcome. Attorneys can negotiate with insurers, gather important evidence, and file legal paperwork correctly and on time. Many personal injury lawyers in Colorado work on a contingency basis, so you don’t pay unless you win your case.