Personal Injury & Car Accidents

In Colorado, the statute of limitations for most personal injury cases is two years, with some exceptions. This includes injuries from negligence, such as slip-and-falls, dog bites, or workplace accidentsPersonal injuries resulting from car accidents have a three-year window. These injuries include damage to the body or one’s property. The three-year window begins from when the injury was discovered, not necessarily the date of the incident. 

If you’ve been injured by intentional action, such as an assault, you have an automatic right to sue. Cases like these are handled in criminal court, but you can still sue to recover economic and non-economic damages. The time limits for these cases vary depending on the severity of the crime. A serious felony like attempted murder might have no time limit. However, lesser crimes like criminal negligence have a three-year limit.

Understanding these limits is crucial. They affect the ability to negotiate or settle with insurance companies before going to court.

Personal injury cases in Colorado involve compensation for both economic and non-economic damages. Economic damages include current and future medical bills, lost income, property damage, and other expenses. These are calculated based on actual costs and expert projections. Non-economic damages address pain, suffering, emotional distress, and lost quality of life. These are equally important but harder to measure in terms of dollars.

There are two common methods for calculating non-economic damages: the multiplier method and the per-diem method. 

The multiplier method uses a factor of 1-5 times economic damages. The per-diem method assigns a daily rate for suffering. Most cases settle out of court, but juries decide the amount of compensation if cases go to trial.

Yes.

Colorado lawmakers passed a bill that changes noneconomic damages caps on January 1, 2025:

In civil actions excluding actions brought against healthcare professionals, healthcare institutions, or wrongful death cases, the total non-economic damages cannot exceed $1.5 million. C.R.S. 13-21-102.5 (3)(a)(II)

In civil lawsuits filed against healthcare professionals or institutions, non-economic damages are capped at $250,000, unless the court can justify more, then damages cannot exceed $500,000. C.R.S. 13-21-102.5 (3)(a)(I)

Wrongful death cap - $2,125,000 C.R.S. 13-21-203