Filing deadline (C.R.S. 13-80-101)
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 apply to some other injury types, and government vehicles or agencies require a written notice of claim within 182 days of discovering the injury (C.R.S. 24-10-109(1)). Because brain injury symptoms can emerge or worsen weeks after impact, do not wait to get legal advice. Evidence fades and witnesses move on.
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 damages award is reduced by your percentage of fault. Insurers routinely try to push fault onto the injured person to cut payouts, which is exactly why early evidence preservation and accident reconstruction matter.
Non-economic damages cap (C.R.S. 13-21-102.5)
Colorado caps non-economic damages such as pain and suffering at $1.5 million for claims accruing on or after January 1, 2025 under C.R.S. 13-21-102.5, with inflation adjustments starting in 2028. Lower, inflation-adjusted caps apply to claims accruing before that date. Two categories carry no cap at all: economic damages (medical bills, lost wages, and life-care plans) and compensatory damages for physical impairment or disfigurement. In a serious TBI case, the uncapped categories typically represent the vast majority of the recovery.
Underinsured motorist coverage
Minimum auto insurance limits are often far too low to cover a brain injury that generates six figures in medical bills. Underinsured motorist (UIM) coverage lets you tap your own policy when the at-fault driver does not carry enough insurance to compensate you fully. We identify every available policy, including UIM coverage on every vehicle in your household, before valuing your claim.
Punitive damages (C.R.S. 13-21-102)
If the at-fault party acted with willful and wanton disregard, such as a drunk driver on I-25, you may also seek punitive damages. Colorado limits exemplary damages to the amount of actual damages awarded (C.R.S. 13-21-102(1)(a)), and a court may increase the award up to three times actual damages under C.R.S. 13-21-102(3) for continued willful and wanton conduct during the litigation.