Colorado Personal Injury Lawyers
If you were hurt because someone else was careless, a Colorado personal injury claim lets you seek money for your medical bills, lost income, and the pain the injury caused. Whether that claim is worth pursuing depends on who was at fault, how serious your injuries are, and whether you act before the filing deadline passes. A personal injury lawyer helps you answer those questions and deal with the insurance company so you can focus on recovering.
Colorado law sets firm deadlines, reduces what you recover if you share any of the fault, and caps certain damages. Several of those rules changed in 2025. Getting an early, honest read on your situation is the best way to protect your options. Elkus & Sisson, P.C. is a Colorado trial firm that represents injured people and grieving families, evaluates how the law applies to your accident, and pursues fair compensation through negotiation or, when a fair offer is not made, at trial.
How Personal Injury Claims Work in Colorado
Most personal injury claims are built on negligence, which is the failure to use reasonable care. To recover, you generally need to show that another party owed you a duty of care, failed to meet it, and caused harm that has a real cost. A distracted driver, a trucking company that ignores safety rules, or a property owner who leaves a known hazard unfixed can all be negligent.
Colorado follows a modified comparative negligence rule under C.R.S. § 13-21-111[1]. You can still recover if you were partly at fault, as long as your share is less than 50 percent. If it is, your recovery is reduced by your percentage of fault. If you are found 50 percent or more at fault, you recover nothing, which is why insurers work hard to shift blame onto injured people.
Colorado divides your losses into two categories. Economic damages cover measurable costs like medical bills, future care, and lost wages, and the law does not cap them. Noneconomic damages cover pain, suffering, and loss of enjoyment of life, and for most injury cases filed on or after January 1, 2025, they are capped at $1.5 million under C.R.S. § 13-21-102.5[2]. House Bill 24-1472 raised that cap sharply from earlier limits, and it will adjust for inflation beginning in 2028.
Filing Deadlines for Colorado Personal Injury Claims
The statute of limitations is the deadline to file your lawsuit, and missing it usually ends the claim for good. Colorado sets different deadlines depending on the type of case, so confirming your deadline early is one of the most important first steps.
- Two years for most negligence-based injury claims, including slip-and-fall and premises cases, under C.R.S. § 13-80-102[3].
- Three years for injuries arising from the use or operation of a motor vehicle, which covers car, truck, and motorcycle crashes, under C.R.S. § 13-80-101[4].
- Two years for most wrongful death claims, measured from the date of death rather than the date of the injury.
- 182 days to file written notice before suing a government entity or employee, under the Colorado Governmental Immunity Act (C.R.S. § 24-10-109)[5]. This notice is a strict requirement, and missing it bars the claim.
Deadlines can shift in specific situations, such as when an injury is discovered later or when the injured person is a minor. Because the details control whether a claim survives, it is safest to confirm how the deadline applies to your case rather than assume.
Personal Injury Lawyer
Personal injury covers far more than vehicle crashes. Our attorneys handle injuries from unsafe property and slip-and-fall accidents, dog bites, and other harm caused by another party’s carelessness. If someone else’s negligence contributed to your injury, a Colorado personal injury lawyer can evaluate whether you have a claim.
These cases turn on two things: showing that another party was at fault, and documenting the full cost of your injury. That usually means gathering medical records, preserving evidence from the scene, and identifying everyone who may share responsibility.
Truck Accident Lawyers
Truck accidents cause some of the most serious injuries on Colorado roads because of the size and weight of commercial vehicles. These cases are also more complex than a typical car crash. Liability can extend beyond the driver to the trucking company, a maintenance provider, or the company that loaded the cargo. Understanding trucking company liability can help you determine who may be responsible for your injuries.
Commercial trucks are governed by federal safety rules covering driver hours, vehicle maintenance, and inspections. Evidence like driver logs, electronic data, and maintenance records often decides these claims, and it can disappear quickly if no one moves to preserve it. A Colorado truck accident lawyer works to secure that evidence early and hold every responsible party accountable.
Car Accident Lawyers
Car accidents are the most common personal injury claims in Colorado. Most come down to a driver who was speeding, distracted, impaired, or otherwise careless. After a crash, you are usually dealing with an insurance company that wants to settle quickly and for as little as possible.
Because these claims arise from the use of a motor vehicle, you generally have three years to file, longer than the two-year deadline that applies to many other injuries. A Colorado car accident lawyer can handle the insurer, document your injuries, and push back when the other side tries to shift blame onto you under the comparative fault rule.
Motorcycle Accident Lawyers
Motorcycle accidents often cause severe injuries because riders have little protection in a collision. Riders also face an unfair assumption that they must have been reckless, which insurers use to argue for reduced or denied claims. The facts of the crash, not the stereotype, decide fault.
Colorado requires helmets only for riders and passengers under 18, and riding without one does not automatically make a rider at fault. A Colorado motorcycle accident lawyer can counter bias against riders, reconstruct how the crash happened, and protect your recovery under the comparative negligence rule.
Catastrophic Injury Lawyers
A catastrophic injury is one that changes your life permanently, such as a traumatic brain injury, spinal cord damage, serious burns, or the loss of a limb. These cases carry costs that continue for decades, including ongoing medical care, lost earning capacity, and the need for long-term support.
Because Colorado does not cap economic damages, fully documenting future costs is often the most important part of a catastrophic injury claim. That frequently involves medical and vocational experts who can project the lifetime cost of care. A Colorado catastrophic injury lawyer builds the claim around the complete, long-term picture rather than just today’s bills.
Wrongful Death Lawyers
When a death is caused by another party’s negligence or wrongful act, Colorado’s Wrongful Death Act (C.R.S. § 13-21-201)[6] allows certain family members to bring a claim. The law sets an order for who may file. The surviving spouse generally has the first right, followed by the children or other heirs, and then the parents, and as of 2025 siblings may file in some situations.
A wrongful death claim can seek funeral and burial costs, lost financial support, and noneconomic losses like grief and loss of companionship. Noneconomic damages are capped at $2,125,000 for claims filed on or after January 1, 2025, under C.R.S. § 13-21-203[7], with no cap when the death resulted from a felonious killing. Only one wrongful death action is allowed for each person who died, which makes early, coordinated legal guidance important.
How Elkus & Sisson Helps With Your Personal Injury Claim
A personal injury claim is really two jobs at once: proving what happened, and proving what it cost you. Elkus & Sisson approaches both with the preparation of a trial firm, whether your case settles or goes to court.
Our attorneys investigate the accident, identify every party who may share responsibility, and work to preserve evidence before it disappears. We document your medical treatment and future needs, put a value on your economic and noneconomic losses, and deal with the insurance company on your behalf.
- Case evaluation. An honest read on whether you have a claim, what it may be worth, and the deadline that applies.
- Investigation and evidence. Gathering records, identifying liable parties, and preserving proof of fault and damages.
- Damages valuation. Documenting medical costs, future care, lost income, and the noneconomic harm the injury caused.
- Negotiation and litigation. Pursuing a fair settlement and preparing to try the case when a fair offer is not made.
The focus stays on what matters to you: a clear understanding of your options and fair compensation for what you lost.
Frequently Asked Questions
How long do I have to file a personal injury claim in Colorado?
It depends on the type of case. Most negligence-based injury claims, such as slip-and-fall cases, must be filed within two years. Claims arising from a car, truck, or motorcycle crash generally have three years. Most wrongful death claims must be filed within two years of the date of death. If a government entity was involved, you must send written notice within 182 days, which is a much shorter window. Because a missed deadline usually ends a claim, it is worth confirming your specific deadline early.
What is my Colorado personal injury claim worth?
There is no fixed formula. Your claim generally reflects your economic losses, such as medical bills, future care, and lost income, which Colorado does not cap. It also reflects noneconomic losses like pain and suffering, which are capped for most injury cases filed on or after January 1, 2025. The strength of the evidence, the severity of your injuries, and any shared fault all affect the final number. An attorney can help document the full cost of your injury so it is not undervalued.
What happens if I was partly at fault for the accident?
Colorado uses a modified comparative negligence rule. You can still recover if your share of the fault is less than 50 percent, but your recovery is reduced by your percentage of fault. If you are found 50 percent or more at fault, you cannot recover from the other party. Insurance companies often try to assign you more blame to lower or deny a claim, so how fault is argued matters a great deal.
Who can file a wrongful death claim in Colorado?
Colorado law sets an order. During the first year after the death, the surviving spouse generally has the right to file. If there is no spouse, or the spouse does not act, the children or other heirs may file, and if there are none, the parents may. As of 2025, siblings may bring a claim in certain situations. Only one wrongful death action is allowed for each person who died, so coordinating early with the right family members is important.
Do I need a personal injury lawyer, or can I deal with the insurer myself?
You are not required to hire a lawyer, but insurers are motivated to pay as little as possible. A lawyer handles communication with the insurance company, gathers evidence, values your losses, and pushes back on unfair fault arguments. This often matters most in serious cases, where the long-term costs are easy to underestimate. Elkus & Sisson offers a free consultation so you can understand your options before deciding.
Talk With a Colorado Personal Injury Lawyer
Colorado personal injury law involves firm deadlines, a comparative fault rule that can reduce or bar recovery, and damage caps that changed in 2025. An early, honest review of your situation is the best way to understand your options before an insurer sets the terms.
Elkus & Sisson, PC handles personal injury claims throughout our offices, from car and truck crashes to catastrophic injury and wrongful death.
To review what happened and understand your options, Schedule Free Consultation.
Sources
[1] C.R.S. § 13-21-111 (comparative negligence as measure of damages) | https://law.justia.com/codes/colorado/title-13/damages-and-limitations-on-actions/article-21/part-1/section-13-21-111/
[2] C.R.S. § 13-21-102.5 (limitations on damages for noneconomic loss or injury) | https://law.justia.com/codes/colorado/title-13/damages-and-limitations-on-actions/article-21/part-1/section-13-21-102-5/
[3] C.R.S. § 13-80-102 (general two-year limitation of actions) | https://law.justia.com/codes/colorado/title-13/limitation-of-actions/article-80/section-13-80-102/
[4] C.R.S. § 13-80-101 (three-year limitation, motor vehicle actions) | https://law.justia.com/codes/colorado/title-13/limitation-of-actions/article-80/section-13-80-101/
[5] C.R.S. § 24-10-109 (Colorado Governmental Immunity Act, notice required) | https://law.justia.com/codes/colorado/title-24/administration/article-10/section-24-10-109/
[6] C.R.S. § 13-21-201 (Colorado Wrongful Death Act, damages for death) | https://law.justia.com/codes/colorado/title-13/damages-and-limitations-on-actions/article-21/part-2/section-13-21-201/
[7] C.R.S. § 13-21-203 (wrongful death, limitation on damages) | https://law.justia.com/codes/colorado/title-13/damages-and-limitations-on-actions/article-21/part-2/section-13-21-203/
Client Stories
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From the date I contacted Colorado Accident Attorneys I talked to Angela De La Garza I knew I had found a great lawyer. Back in 2019 I needed a Lawyer; for my husband, he had a very bad fall on Nov 27,2019,…
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