Filing deadlines
A motor vehicle crash injury claim in Colorado must be filed within three years of the crash under C.R.S. 13-80-101(1)(n). That deadline applies to car, truck, and motorcycle crashes on I-70, US-6, and SH-93, and it also covers bicycle and pedestrian injuries caused by a motor vehicle. Three years sounds like ample time, but brain injury cases take longer to develop than most injury cases. Reaching maximum medical improvement, completing neuropsychological testing, and obtaining a life-care plan can consume much of that window. Waiting also means losing the ability to preserve crash-scene evidence, obtain witness statements while memories are current, and download electronic data from vehicles before it is overwritten.
Comparative fault: C.R.S. 13-21-111
Colorado uses modified comparative negligence. You can still recover if your share of fault is less than 50 percent, but your award is reduced by that percentage. If you are found 49 percent at fault you recover 51 percent of your total damages. If you are found 50 percent or more at fault you recover nothing. On I-70 and US-6, insurers routinely argue that a driver was speeding, following too closely, or otherwise contributed to the crash in order to inflate the plaintiff's fault percentage and reduce the award. Early accident reconstruction and preserved electronic data are the tools that counter those arguments at the Jefferson County courthouse.
Government-entity claims and CGIA
When a road defect on I-70, US-6, or SH-93, a government vehicle, or a public entity contributed to your injury, Colorado's Governmental Immunity Act imposes two constraints. First, a written notice of claim must be filed within 182 days of discovering the injury under C.R.S. 24-10-109(1), running from the date of discovery, not the crash date. Second, government liability is capped at $505,000 per person and $1,421,000 aggregate for claims accruing on or after January 1, 2026 under C.R.S. 24-10-114. These CGIA caps do not limit what you can recover from private parties, such as the at-fault driver, in the same incident.
The three damage categories and their ceilings
- Non-economic damages such as pain and suffering are capped at $1.5 million for claims accruing on or after January 1, 2025 under C.R.S. 13-21-102.5.
- Economic damages, including all medical costs past and future, lost wages, and the life-care plan, carry no cap. In a serious TBI case these often represent the majority of the total recovery.
- Compensation for permanent physical impairment or disfigurement is not capped under Colorado law. For a TBI survivor with lasting neurological impairment, this category is entirely separate from pain and suffering and is not subject to the $1.5 million ceiling.