How Personal Injury Claims Work

A personal injury case involves an injury or death caused by the negligence or unsafe actions of another and is a civil matter, usually addressed in state court. In Colorado, those seeking to file a personal injury claim must do so in the county or district where he or she lives or where the injury occurred. It is also important to be aware of the statute of limitations. In Colorado, most personal injury cases must be filed within two years of the incident.

Recoverable Damages

There are two types of damages one may recover in a personal injury claim:

  • Economic Damages – this includes money lost due to an injury, such as any incurred medical bills, lost wages, and lost future earnings.
  • Non-Economic Damages – this includes damages a victim suffered as a result of the injury, such as pain and suffering, loss of enjoyment, and emotional distress.

Colorado limits one’s ability to recover damages through what is known as “comparative fault,” which decreases compensation in cases where a victim is more than 50% responsible for the accident.


Those who file a personal injury claim do not necessarily have to take the case to trial. It is possible to settle a case through the process of mediation, during which both sides meet with an impartial third party to reach a fair settlement.

If, when a case goes to trial, the plaintiff loses, a notice of appeals may still be filed. An experienced personal injury attorney will be able to field someone through the options and the best course of action.

Recovered Millions for Our Clients

The Denver Trial Lawyers ® was founded in 2003 and has since represented thousands of clients, obtaining more than $300 million on their behalf. Several of our Denver personal injury attorneys hold records for largest verdicts obtained in certain practice areas and have been awarded and recognized for their excellence.

Arrange a free case evaluation with us today.