Filing deadlines under C.R.S. 13-80-101
Colorado sets different filing deadlines depending on how a brain injury occurred. Motor vehicle crashes carry a three-year statute of limitations under C.R.S. 13-80-101(1)(n). Because TBI symptoms often emerge or worsen days or weeks after the injury, do not wait until symptoms plateau to consult an attorney. The clock runs from the date of the incident, not the date you understand the full extent of your injury.
Government entity notice requirement: C.R.S. 24-10-109(1)
If a government vehicle, a CDOT road-maintenance failure on US 36 or SH 42, or a Louisville city property caused or contributed to your brain injury, a separate and much shorter deadline applies. A written notice of claim must be served on the public entity within 182 days of discovering the injury under C.R.S. 24-10-109(1). This clock runs from the date of discovery of the injury, not from the date of the crash or fall. Missing this notice deadline bars the entire claim against that public entity, regardless of how strong the facts are. Claims against government entities are also subject to CGIA damage caps of $505,000 per person and $1,421,000 per occurrence for claims accruing on or after January 1, 2026, under C.R.S. 24-10-114.
Comparative fault under C.R.S. 13-21-111
Colorado follows modified comparative negligence. You can recover even if you were partly at fault for the crash or fall that caused your brain injury, as long as your share of fault is less than 50 percent. Your award is reduced by your percentage of fault. If you are found 50 percent or more at fault, you recover nothing. On US 36 multi-vehicle crashes and Coal Creek Trail collisions, insurers aggressively investigate the injured person's conduct, looking for any basis to push fault above 49 percent. Early legal intervention preserves the evidence that counters those arguments.