Frequently Asked Questions

We are aggressive trial lawyers who are willing to take a case as far as it needs to go to obtain the compensation you need. We prepare every case as if it will be tried, which strengthens our position in negotiation. Every case is handled by a licensed Colorado attorney, and we communicate in English or Spanish. You can read more about our team on the about page.

First we review the facts in a free case evaluation and explain your rights. If you hire us, we investigate by gathering police reports, witness statements, and medical records, then send a documented demand to the at-fault insurer. Most cases settle in negotiation. If an insurer refuses a fair offer, we are prepared to file suit and try your case to a Colorado jury.

To establish negligence in Colorado you must prove four elements: duty, meaning the at-fault party owed you a duty of care; breach, meaning they violated that duty; causation, meaning their breach directly caused the harm; and damages, meaning you suffered measurable harm as a result. Each element has to be supported with evidence.

Yes. If you are safely able to, always try to photograph the scene after a car crash. Capture the vehicles, road conditions, visible injuries, and anything that shows how the crash happened. Photos taken at the scene are evidence that an insurance company cannot easily dispute later.

The answer is almost always yes. Seeing a doctor helps you heal and creates a medical record of your injuries. It also prevents the insurance company from arguing that a gap in care means you were not really hurt. Some injuries, like whiplash and concussions, do not show symptoms until hours or days later.

Headaches, neck stiffness, back pain, shoulder pain, dizziness, and tingling or numbness in the arms or legs often appear hours or days after a crash. The adrenaline of the moment can mask them. See a doctor right away, because prompt medical records document these symptoms for your claim and protect your health.

Property damage is handled separately from your injury claim, usually through the at-fault driver's insurer or your own collision coverage. Repair or total-loss payments do not require you to settle your injury claim, and you should not let an adjuster bundle the two. We can help you understand your options so a quick car repair check does not undercut your injury recovery.

Most injury claims settle before trial, because going to trial is expensive for insurers. Having an attorney who is genuinely prepared to go to trial, and has done so in Denver District Court, is often the lever that produces a stronger settlement offer. We prepare every case as if it will be tried.

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)). Shorter deadlines can apply: most non-vehicle injury claims must be filed within two years, and claims involving a government vehicle or agency require a formal written notice within 182 days of discovering the injury. Contact an attorney early so your specific deadline can be confirmed.

Many Colorado personal injury claims that do not involve a motor vehicle carry a two-year deadline (C.R.S. 13-80-102), while motor vehicle cases generally get three years. The exact deadline depends on the type of claim and who is involved, and some situations are much shorter. Do not rely on a general rule; confirm your specific deadline with an attorney as soon as you can.

Before suing a Colorado public entity, you must submit a written notice of claim within 182 days after you discover the injury under the Colorado Governmental Immunity Act (C.R.S. 24-10-109). That notice is a jurisdictional prerequisite, and missing it permanently bars the claim, no matter how strong the facts are. This deadline applies to claims involving public buses, city vehicles, and government property.

Generally two years from when you discovered, or should have discovered, the injury, with an absolute three-year deadline from the date of the negligence (C.R.S. 13-80-102.5). Narrow exceptions exist, such as a foreign object left in the body or concealment. Claims against government-run hospitals have much shorter notice deadlines, so talk to a lawyer promptly.

The general deadline is two years from the date of death (C.R.S. 13-80-102). Strict exceptions apply. A claim against a government entity requires a formal notice of claim within a much shorter window, and certain circumstances can change the deadline. Because Colorado's standing rules for who may file are also time-sensitive, it is best to consult an attorney as soon as possible.

Often, yes. For many injury claims involving a minor, the filing deadline is tolled, which generally means the clock does not start until the child turns 18. Even with that extra time, evidence should be preserved early, because witness memories fade and records can be lost. A lawyer can confirm exactly how the deadline applies to a child's claim.

For civil claims based on sexual misconduct, Colorado eliminated the statute of limitations effective January 1, 2022, so these claims can now be filed at any time (C.R.S. 13-80-103.7). That open window also covers older abuse if the old deadline had not yet expired by January 1, 2022. Because that analysis is fact-specific, a confidential case evaluation is the way to determine where your situation stands.

If you file after the statute of limitations has passed, the court can dismiss your case and you may lose the right to recover anything, no matter how strong the facts are. That is why it is worth confirming your deadline early. A free consultation costs you nothing and tells you exactly how much time you have.

Yes. Standard MRI and CT scans often miss the microscopic axonal injuries that cause persistent symptoms in mild traumatic brain injury cases. Colorado courts recognize that the absence of visible structural damage does not mean the absence of injury. Your case may require advanced imaging, neuropsychological testing, and expert testimony to prove functional impairment despite normal initial scans.

Even a mild concussion is worth a legal consultation if symptoms last beyond a few weeks or affect your ability to work. Insurers routinely undervalue concussion claims. An attorney can determine whether your case needs neuropsychological testing, vocational assessment, or advanced imaging to prove the full extent of your damages, steps you likely would not know to request on your own.

A catastrophic injury is one that is permanent and life-altering, such as a spinal cord injury, a moderate to severe traumatic brain injury, an amputation, or a severe burn. The legal question is whether the injury permanently changes your ability to live independently. Colorado courts require medical experts to translate the diagnosis into a whole-person impairment rating using the AMA Guides to the Evaluation of Permanent Impairment.

Generally no. Colorado's workers compensation system is the exclusive remedy against your employer, meaning you usually cannot sue your employer for negligence. You can, however, pursue third-party claims against equipment manufacturers, subcontractors, or property owners whose negligence contributed to your injury. We look for every responsible party beyond the employer.

Both can be liable. The driver is responsible for their own negligence, such as speeding or distracted driving. The trucking company can be vicariously liable if the driver was an employee, or directly liable for negligent hiring, training, supervision, or maintenance. Many cases involve multiple parties, including the truck manufacturer and third-party maintenance contractors.

Responsibility depends on the driver's status at the time of the crash, which decides which policy applies. If the app was off, the driver's personal insurance typically covers damages. If the app was on but waiting for a request, the company's limited coverage applies after the personal insurer denies the claim. Once the driver is en route or has a passenger, the company's $1 million commercial policy applies. Proving app status usually requires app data and GPS records.

No. Colorado rejects the "one bite rule" for serious injuries. Under the strict-liability track in C.R.S. 13-21-124(2), the dog's history is irrelevant if your injury qualifies as serious bodily injury, and the owner is liable for your economic damages even if the dog had never bitten anyone before. For less serious injuries, the dog's history matters because you would proceed under a negligence theory.

In most cases the owner's homeowner or renter liability insurance pays, not the owner personally. Most Colorado policies include this coverage, though some insurers exclude certain breeds or cap the limits. We confirm the policy terms early so we know what coverage is available before negotiating.

Often, yes. A waiver generally protects a resort from liability for the inherent risks of skiing, but it does not shield the resort from gross negligence, such as equipment failure, operator error, unmarked hazards, or reckless employee conduct. An experienced ski accident attorney can investigate whether the waiver can be challenged based on these exceptions.

Possibly. Colorado's Dram Shop Act (C.R.S. 44-3-801) lets injured people sue a licensed vendor that willfully and knowingly served alcohol to a visibly intoxicated patron, or to anyone under 21, who then caused the harm. These claims carry a strict one-year deadline from the date of service, far shorter than most injury claims, so it is important to act quickly.

Yes. A recall fixes the part for free, but it does not pay for the injuries the defect already caused. If a defective vehicle or part hurt you, you can bring a product liability claim against the manufacturer under C.R.S. 13-21-401 et seq. The recall itself can be evidence that the manufacturer knew the part was dangerous.

Colorado follows a strict hierarchy. In the first year after the death, only the surviving spouse may file. In the second year, both the surviving spouse and the children may file. Parents may file only if there is no surviving spouse or children. Colorado's standing rules set a strict hierarchy that depends on who survived the deceased; confirm with an attorney whether you are a qualifying heir under C.R.S. 13-21-201. We can help you confirm whether you hold the right to file.

Often, yes. Schools, employers, healthcare facilities, religious organizations, and transportation companies may be held liable if they failed to provide adequate safeguards, ignored prior complaints, or otherwise contributed to conditions that enabled the assault. These claims involve complex theories of negligence, and we evaluate whether the organization where your assault occurred bears legal responsibility. Your first consultation is confidential.