Filing deadline for 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. This is the deadline that covers most Arvada TBI cases involving I-70, I-76, Wadsworth, or any other road collision. Shorter deadlines apply to non-vehicle injury claims (two years under C.R.S. 13-80-102(1)(a)), and claims involving a government vehicle or agency require a formal written notice within 182 days of discovering the injury (C.R.S. 24-10-109(1)). Brain injury symptoms often emerge or worsen weeks after the accident. Do not wait for symptoms to stabilize before calling an attorney.
Comparative fault: C.R.S. 13-21-111
Colorado follows modified comparative negligence. You can recover damages as long as your share of fault is less than 50 percent, and your award is reduced in proportion to your percentage of fault. If you are found 50 percent or more at fault, you recover nothing. Insurers aggressively push fault onto injured people to cut payouts, which is exactly why early evidence preservation and accident reconstruction matter most in I-70 and high-speed Arvada corridor crashes.
Non-economic damage cap: C.R.S. 13-21-102.5
For claims accruing on or after January 1, 2025, Colorado caps non-economic damages such as pain and suffering at $1.5 million, with inflation adjustments starting in 2028. Two categories are not capped at all: economic damages (medical bills, lost wages, life-care plans) and compensatory damages for physical impairment or disfigurement. In a serious TBI case, economic and impairment damages are typically far larger than the non-economic cap, which is why a complete life-care plan is the most important document in a moderate or severe case.
Punitive damages: C.R.S. 13-21-102
If the at-fault party acted with willful and wanton disregard, such as a drunk or street-racing driver on I-70 near Arvada, you may also pursue punitive (exemplary) damages. Colorado law limits punitive damages to the amount of actual damages awarded (1:1), with the court able to increase that up to three times actual damages in certain circumstances where the defendant continues willful and wanton conduct after litigation begins.
Underinsured and uninsured motorist coverage
Minimum auto insurance limits in Colorado are often far too low to cover a serious TBI, where medical bills and lost income alone can run into six figures. Underinsured motorist (UIM) coverage lets you tap your own auto policy when the at-fault driver lacks enough insurance to cover your losses. We identify every policy in play, including UIM and any commercial policies, before negotiating a number.