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 from the use or operation of a motor vehicle (C.R.S. 13-80-101(1)(n)). For non-vehicle spinal cord injuries, the general personal injury statute of limitations is two years (C.R.S. 13-80-102). If a government vehicle or public entity is involved, a written notice of claim must be filed within 182 days of discovering the injury (C.R.S. 24-10-109(1)). The clock on that CGIA notice runs from the date you discovered the injury, not necessarily the date it occurred. Missing the CGIA deadline bars the claim permanently.
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 are reduced by your percentage of fault. If you are found 50 percent or more at fault, you recover nothing. Insurers defending high-value spinal cord claims aggressively investigate driver behavior on I-25 and Thornton arterials, looking for any basis to push fault above 50 percent. Early accident reconstruction and evidence preservation are the tools that protect you against that approach.
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. Two categories carry no cap at all: economic damages (medical bills, lost wages, and life care plans) and compensatory damages for permanent physical impairment or disfigurement. In a catastrophic spinal cord injury case, the uncapped economic categories, including decades of attendant care and equipment costs, typically represent the overwhelming majority of the total recovery.
CGIA caps if a government entity is at fault (C.R.S. 24-10-114)
If an Adams County public entity, a state vehicle, or another governmental defendant is responsible for the injury, the Colorado Governmental Immunity Act limits recovery. For claims on or after January 1, 2026, CGIA caps stand at $505,000 per person and $1,421,000 in the aggregate (C.R.S. 24-10-114). There is no willful or wanton exception that removes these caps. The CGIA notice deadline, 182 days from discovery, applies here as well and is separate from the lawsuit filing deadline.
Punitive damages (C.R.S. 13-21-102)
If the at-fault party acted with willful and wanton disregard for your safety, such as a drunk driver on I-25 near the 120th Ave interchange, you may also seek punitive damages. Colorado limits exemplary damages to an amount equal to actual damages (C.R.S. 13-21-102(1)(a)), and a court may raise the award up to three times actual damages when the defendant continues willful and wanton conduct during the litigation.