Filing deadline -- motor vehicle injuries (C.R.S. 13-80-101(1)(n))
Colorado gives you three years from the date of the crash to file a lawsuit for injuries arising out of the use or operation of a motor vehicle (C.R.S. 13-80-101(1)(n)). Most non-vehicle injury claims must be filed within two years (C.R.S. 13-80-102(1)(a)). If a government vehicle or agency is involved -- such as a city bus, county road crew truck, or CDOT vehicle -- a written notice of claim must be filed within 182 days of discovering the injury under the Colorado Governmental Immunity Act (C.R.S. 24-10-109(1)), and missing that deadline bars the claim entirely. Brain injury symptoms can worsen weeks after impact. Talk to an attorney early, even while you are still treating.
Comparative fault (C.R.S. 13-21-111)
Colorado follows modified comparative negligence. You can recover as long as your share of fault is less than 50 percent, and your award is reduced by your percentage. If you are 50 percent or more at fault, you recover nothing. Insurers push fault onto the injured person to cut payouts -- which is why preserving crash-scene evidence in Grand Junction quickly, before skid marks fade or cameras are overwritten, is critical.
TBI grades and the Glasgow Coma Scale
Medical teams classify a TBI using the Glasgow Coma Scale, a 15-point assessment of eye, verbal, and motor response. Mild TBI scores 13 to 15 (often called a concussion), moderate TBI scores 9 to 12, and severe TBI scores 3 to 8. That score becomes evidence in your claim, but it describes the first day -- not the rest of your life. A mild GCS score does not mean a minor case.
Non-economic damages cap (C.R.S. 13-21-102.5)
Colorado caps non-economic damages such as pain and suffering at $1.5 million for claims accruing on or after January 1, 2025 (C.R.S. 13-21-102.5), with inflation adjustments beginning in 2028. Two categories are not capped at all: economic damages (medical bills, lost wages, and life-care plan costs) and compensatory damages for physical impairment or disfigurement. Together those uncapped categories usually make up the bulk of a serious TBI recovery.
Punitive damages (C.R.S. 13-21-102)
When a driver acted with willful and wanton disregard -- a drunk driver, a commercial truck operator who falsified logs, a driver who ran repeated red lights -- punitive damages may be available. Colorado's punitive damages statute (C.R.S. 13-21-102) generally limits the award to the amount of actual damages proven, but the court may increase that amount up to three times actual damages where the defendant continued willful and wanton conduct during the case.