Filing deadline: motor vehicle crashes
For injuries arising from a motor vehicle collision on I-25, US 287, or SH 14, Colorado gives you three years from the date of the crash to file a lawsuit (C.R.S. 13-80-101(1)(n)). That window sounds generous, but TBI symptoms can emerge or worsen weeks or months after the accident. Settling or waiting too long before consulting an attorney risks losing evidence that proves the full extent of the injury.
Filing deadline: general tort claims
Brain injuries caused by a slip and fall, a premises defect, or other non-vehicle negligence carry a two-year deadline under C.R.S. 13-80-102(1)(a). If a government vehicle or public entity is involved, a written notice of claim must be filed within 182 days of discovering the injury under C.R.S. 24-10-109(1), and missing that notice bars the claim entirely.
Modified 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 in proportion to your percentage of fault. Once you reach 50 percent or more at fault, you recover nothing. Insurers push fault onto injured people to reduce payouts, which is why early evidence preservation and accident reconstruction matter.
Non-economic damages 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 January 1, 2028. Two categories are not capped at all: economic damages (medical bills, lost wages, life-care plan costs) and compensatory damages for physical impairment or disfigurement. In a serious TBI case, uncapped economic and physical impairment damages typically account for the overwhelming majority of the total recovery.
Punitive damages (C.R.S. 13-21-102)
When the at-fault party acted with willful and wanton disregard for others, such as a drunk driver on US 287, punitive damages may be available. Colorado law limits exemplary damages to the amount of actual damages awarded (1:1), and a court may increase that award up to three times actual damages if the defendant continued the willful and wanton conduct during litigation.