Filing deadlines that cannot be missed
Most motor vehicle crash claims in Colorado must be filed within three years of the crash (C.R.S. 13-80-101(1)(n)). Most other personal injury claims, such as a slip-and-fall that causes a TBI, carry a two-year deadline (C.R.S. 13-80-102). Brain injury symptoms can emerge or worsen long after the impact, which creates a false sense of security. Do not wait until you feel your worst to call an attorney, because the clock runs from the accident date, not from the date symptoms become undeniable.
Comparative fault (C.R.S. 13-21-111)
Colorado follows modified comparative negligence. You can recover damages as long as your share of fault is less than 50 percent, and your award is reduced by whatever percentage of fault is assigned to you. A person found 30 percent at fault recovers 70 percent of total damages. Recovery is barred entirely if you are found to be 50 percent or more at fault. Insurers push fault onto injured people on Westminster's busy corridors, often arguing speeding, lane changes, or failure to use crosswalks. Early evidence collection counters those arguments.
Damage caps under C.R.S. 13-21-102.5
Colorado caps non-economic damages (pain, suffering, emotional distress) at $1,500,000 for claims accruing on or after January 1, 2025. Two categories are not subject to this cap at all. First, economic damages including all medical bills, lost wages, future care costs, and a life-care plan are entirely uncapped. Second, compensatory damages for physical impairment or disfigurement are also uncapped. In a serious Westminster TBI case, the economic and physical-impairment categories often account for the majority of the total recovery, and the cap does not touch them.
Punitive damages (C.R.S. 13-21-102)
When the at-fault driver acted with willful and wanton disregard for others, such as driving drunk or street racing on US-36, Colorado allows punitive damages up to a 1-to-1 ratio with the actual damages awarded. A court may further increase punitive damages up to three times actual damages if the defendant continued the willful conduct after the lawsuit was filed.