Key Takeaways
- There’s no magic “average” settlement number—your case depends on your injuries, the other driver’s fault, and what you can prove.
- Colorado’s 50% fault rule can slash your payout or eliminate it entirely if you share too much blame.
- What you take home matters more than the headline number—medical bills, attorney fees, and liens eat into your settlement.
- Don’t trust insurance company offers without talking to someone who fights for you, not them.
What You Can Really Expect from a Colorado Personal Injury Settlement
You’ve been hurt. The bills are piling up. You’re missing work. And now some website is telling you the “average” settlement in Colorado is $50,000—or $15,000—or $250,000, depending on which lawyer wrote the article.
Here’s the truth: those numbers don’t mean anything for your case.
Your settlement depends on how badly you were hurt, how much the other side messed up, and whether you have a lawyer who knows how to fight insurance companies. That’s it.
At Cheney Galluzzi & Howard, we’ve spent decades helping injured Coloradans rebuild their lives. We don’t deal in averages. We deal in what your case is actually worth—and we fight to get every dollar of it.
How Colorado’s Fault Rules Can Wreck Your Settlement
Colorado uses something called modified comparative negligence. That’s a fancy way of saying: if you share blame for the accident, your payout gets cut.
Here’s how it works:
If you’re 20% at fault and your case is worth $100,000, you walk away with $80,000. If you’re 50% or more at fault, you get nothing.
Insurance companies know this. They’ll twist every fact they can to pin blame on you. They’ll say you were speeding, distracted, or didn’t brake fast enough—anything to shrink what they owe.
That’s why you need someone who knows how to push back.
What Actually Drives Your Settlement Number
Forget the formulas and the “3x your medical bills” myths. Here’s what really matters:
Your injuries. A sprained wrist heals. A traumatic brain injury doesn’t. The worse the damage, the higher the stakes.
Your medical bills. Not just what you’ve paid—what you’ll pay for the rest of your life. Future surgeries, therapy, equipment. All of it counts.
Your lost income. If you can’t work, you’re entitled to those wages. If you can never do your old job again, you’re entitled to that lost earning power.
The other side’s insurance. You can’t squeeze blood from a stone. If the at-fault driver only has $25,000 in coverage and your case is worth $200,000, you’ve got a problem—unless you have underinsured motorist coverage or other options.
How strong your evidence is. Photos, medical records, witness statements, police reports. The clearer the proof, the harder it is for the insurance company to lowball you.
The Number That Actually Matters: What You Take Home
Let’s say you settle for $100,000. Sounds great, right?
Not so fast.
Your attorney takes their fee—usually 33% to 40%. That’s $33,000 to $40,000. Then there are case costs: medical records, expert witnesses, filing fees. Let’s say $3,000.
Now you’ve got $57,000 to $64,000.
But your health insurance company wants reimbursed for the $20,000 they paid out. The hospital has a lien for another $10,000.
You’re left with $27,000 to $34,000.
That’s still money that can help you rebuild. But it’s not the headline number. And if your lawyer doesn’t know how to negotiate those liens down, you’ll walk away with even less.
We fight those battles for you.
How Long This Actually Takes
Most Colorado personal injury cases settle within 6 to 12 months. Some take longer if your injuries are severe or the insurance company refuses to play fair.
Here’s why we sometimes slow things down: because rushing helps them, not you.
If you settle before you finish treatment, you might miss future medical costs. If you settle before your doctors understand whether your injuries are permanent, you leave money on the table.
We wait until we know the full picture. Then we demand what you’re owed.
Colorado’s Caps on Pain and Suffering
Colorado limits how much you can recover for pain, emotional distress, and loss of quality of life. Right now, that cap sits around $642,180 for most cases.
But here’s what the cap doesn’t touch:
- Medical bills
- Lost wages
- Future earning capacity
- Physical impairment and disfigurement (in many cases)
So even with a cap, serious injury cases can still reach six or seven figures if the economic losses are high enough.
Why Insurance Companies Lowball You (And How We Fix It)
Insurance companies are not your friends. They’re businesses. Their job is to pay you as little as possible.
They’ll offer you a quick settlement before you know how bad your injuries really are. They’ll drag out the process hoping you’ll get desperate and take less. They’ll record your statements and twist your words to make you look at fault.
That’s where we come in.
We don’t take the insurance company’s word for anything. We investigate independently. We bring in medical experts. We document every dollar you’ve lost and every day you’ve suffered. And when they try to lowball you, we push back—hard.
If they won’t offer a fair settlement, we’re ready to take your case to trial. And they know it.
What to Do Next
If you’ve been hurt in an accident, don’t wait. Don’t sign anything. Don’t give a recorded statement to the insurance company without talking to us first.
Colorado’s statute of limitations gives you 2 years for most personal injury cases and 3 years for car accidents. Miss that deadline, and your case is gone.
Here’s what you should do right now:
Get medical care. Even if you feel okay, get checked out. Some injuries don’t show up for days or weeks.
Document everything. Photos of the scene, your injuries, the other vehicle. Names and contact info for witnesses. Every medical bill and pay stub.
Call us. We offer free consultations. We work on contingency, which means you don’t pay us unless we win. And we’ll tell you straight up whether you have a case.
You’re not just a case file. You’re a person who deserves to be heard and helped. We’ve recovered millions for injured Coloradans, and we’re ready to fight for you.
Contact Cheney Galluzzi & Howard today for a free consultation. It’s more than money—it’s about helping you put your life back together.
Frequently Asked Questions
What’s the average personal injury settlement in Colorado?
There isn’t one. Every case is different. Minor injuries might settle for a few thousand dollars. Serious injuries can reach six or seven figures. Your case depends on your injuries, your medical bills, your lost income, and how much fault the other side carries.
How long do I have to file a personal injury claim in Colorado?
Most personal injury cases have a 2-year deadline. Car accident cases have 3 years. If you’re filing against a government entity, you may have as little as 6 months to file a notice of claim. Don’t wait.
Will I have to go to court?
Probably not. Most cases settle before trial. But having a lawyer who’s ready to take your case to court gives you leverage in negotiations.
How much does it cost to hire a personal injury lawyer?
We work on contingency. You don’t pay us unless we win. Our fee comes out of your settlement—typically 33% to 40%—and we cover case costs upfront.
What if I was partly at fault for the accident?
Colorado’s comparative negligence rule reduces your settlement by your percentage of fault. If you’re 30% at fault, your settlement drops by 30%. If you’re 50% or more at fault, you can’t recover anything.
Do I have to pay taxes on my settlement?
Generally, no. Compensation for physical injuries isn’t taxable under federal law. But portions like punitive damages or interest may be taxable. Talk to a tax professional about your specific situation.
What if the other driver doesn’t have insurance?
Your own uninsured/underinsured motorist coverage can step in. We’ll help you identify every possible source of recovery.
When to Get an Attorney for a Car Accident in Colorado
