§ 1The first weeks decide more than people expect
Long before anyone files anything, the record that will decide the claim is being made. Emergency room notes record how the injury happened. An adjuster's first call records what the injured person said about fault. A store's video system may record over the relevant footage within days unless someone asks for it to be kept.
A few habits protect a claim without requiring any legal judgment:
- Tell every medical provider every symptom, even ones that seem minor, and follow the treatment plan.
- Photograph the scene, the hazard or product, and the injuries, with dates.
- Write down witnesses' names and contact details, and your own timeline, while memory is fresh.
- Ask in writing that the business or property owner keep video and incident reports.
- Keep every bill, receipt, pay stub showing missed work, and letter from an insurer.
- Be careful about posting about the incident or your activities online; posts are routinely requested in discovery.
Public entitiesC.R.S. 24-10-109 If a city, county, school district or state agency may be responsible, written notice within 182 days of discovering the injury comes before anything else.
§ 2A Colorado tort claim, step by step
- 01
Claim opened with an insurer
The injured person, or a lawyer, reports the claim to the at-fault party's liability insurer. The insurer assigns an adjuster who investigates fault and asks for records.
- 02
Treatment reaches a plateau
Valuing a claim before the medical picture is clear risks settling for too little. Many claims wait until treatment ends or a doctor can project future care.
- 03
Demand package
A written demand gathers records, bills, wage loss proof and a settlement figure. The insurer responds with an offer or a denial, and negotiation follows.
- 04
Complaint filed and served
If no agreement is reached, a complaint is filed before the limitation period ends and served on each defendant, who generally has 21 days to respond.
C.R.C.P. 12(a) - 05
Case management and disclosures
The parties exchange mandatory initial disclosures: witnesses, documents, damage computations and insurance agreements. The court sets a schedule.
C.R.C.P. 16, 26(a)(1) - 06
Discovery and experts
Written questions, document requests, depositions and expert reports. A defense medical examination may be requested.
C.R.C.P. 30, 35 - 07
Mediation
A neutral mediator meets with both sides. Many Colorado civil cases resolve here, and courts commonly expect an attempt at alternative dispute resolution before trial.
- 08
Trial, verdict and judgment
A jury decides fault percentages and damages; the court applies comparative fault, caps and credits, then enters judgment. Either side may appeal.
§ 3County court or district court
| Court | What it hears | Notes |
|---|---|---|
| Small claims (county court division) | Small disputes up to a low statutory limit | Simplified, lawyers restricted; rarely suited to injury claims of any size. |
| County court | Civil cases up to its statutory dollar limit | Check the current limit in C.R.S. 13-6-104; it has been raised over time. |
| District court | Civil cases of any amount | Where most significant tort claims are filed. |
Venue, meaning which county's court, is governed by C.R.C.P. 98 and generally depends on where a defendant resides or where the injury happened. Colorado's judicial districts and their courthouses publish self-help resources, and the Colorado Judicial Branch website lists forms and filing information.
§ 4Discovery, and the simplified track for smaller cases
Colorado front-loads discovery. Within weeks of the defendants' response, each side must disclose the people likely to have information, the documents it may use, a computation of damages, and any insurance policy that may cover the claim. Discovery after that is limited by rule and by the court's case management order, which is meant to keep costs proportional to what is at stake.
For cases in which no party seeks more than $100,000, C.R.C.P. 16.1 provides simplified procedure with tighter discovery limits. It reduces cost but generally caps the recovery at that amount, so the choice to stay in or opt out is a real strategic decision.
The deposition
For most injured people, the deposition is the most stressful day of the case: hours of questions under oath from the defense lawyer, recorded by a court reporter. The questions cover the incident, prior injuries, work history and daily activities. Inconsistencies with medical records or social media posts are the usual targets. Preparation with counsel makes a large difference.
§ 5Settlement, offers and trial
Settlement can happen at any point. Colorado's offer of settlement statute, C.R.S. 13-17-202, can shift costs to a party who rejects a written offer and then does worse at trial, which adds pressure on both sides to make and consider realistic offers.
- an offer arrives before treatment is finishedAsk how future care is accounted for; a release usually ends all claims.
- a statutory offer of settlement is servedAsk about the deadline to respond and the cost consequences of rejecting it.
- the case goes to trialExpect the jury to decide fault percentages; the court applies caps afterward.
At trial, the jury answers special questions: was each party negligent, did that negligence cause the harm, what are the total damages in each category, and what percentage of fault belongs to each party and nonparty. The court then does the arithmetic described in the comparative fault section and the damage caps section.
§ 6Questions to ask a Colorado lawyer
Check the questions that matter to you, then copy or print them for a first meeting. Your selections stay in this browser only.
Colorado court rules require contingent fee agreements in personal injury cases to be in writing and to state how the fee is computed. Read the agreement before signing, and ask about anything unclear.
The bottom line
Protect the record early, mind the notice and limitation dates, expect most cases to resolve through negotiation or mediation, and walk into any lawyer meeting with written questions.
Colorado claim process questions
How long does a personal injury case take in Colorado?
There is no reliable average for an individual case. Claims that settle with an insurer before suit can resolve once treatment is complete; cases that go to court move on the court's case management schedule, and trial dates are commonly set many months out. The biggest variable is usually how long medical treatment takes to stabilize.
Do I have to go to court to get compensation?
No. Most tort claims resolve through negotiation with an insurer, and many lawsuits settle before trial, often at mediation. Filing suit is sometimes necessary simply to protect the statute of limitations while talks continue.
What is simplified procedure under Rule 16.1?
C.R.C.P. 16.1 is a streamlined track for civil cases in which a party seeks no more than $100,000 in damages. It limits discovery and is meant to cut cost and time. Parties can opt out in some circumstances, and a recovery under the rule is generally limited to that amount.
Should I give a recorded statement to the other driver's or owner's insurer?
You are generally not required to give a recorded statement to someone else's insurer, and what you say can be used to argue comparative fault or to dispute injuries. Many people speak with a lawyer first. Your own insurer is different, because your policy may require cooperation.
What should I bring to a first meeting with a lawyer?
Bring a written timeline, photos, the names of witnesses, insurance information for everyone involved, medical records and bills you have, any letters from insurers, and your list of questions. The printable checklist on this page is a starting point.
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Last reviewed November 2026. Colorado statutes are amended often. Check the current Colorado Revised Statutes, or ask a licensed Colorado attorney, before relying on any figure or deadline here.