Anytime a person sustains an injury caused by the careless or negligent actions of another individual, business, or entity, they would likely be entitled to some sort of compensation for their losses. Often, this means that a victim can recover compensation for their medical bills, lost wages, loss of quality of life damages, property damage expenses, and more. However, there are deadlines that injury victims need to be aware of when it comes to filing personal injury lawsuits in the state of Colorado. Here, we will discuss these deadlines as well as whether or not most injury claims are resolved in or out of the courtroom.
The Colorado Personal Injury Statute of Limitations
The personal injury statute of limitations in Colorado is two years from the date an injury occurs. This means that any personal injury victim will have a two-year window with which to file a lawsuit against the alleged negligent party in their case. Failing to do so within this timeframe will result in the victim being unable to recover the compensation they are entitled to.
However, we need to point out that the statute of limitations for vehicle accidents in Colorado is different from the standard personal injury statute of limitations. In Colorado, vehicle accident victims will have three years from the date of the incident to file a lawsuit against the alleged negligent driver. Again, failing to file a lawsuit within this time frame will result in the victim being unable to recover the compensation they are entitled to.
We do need to point out that any insurance carriers involved in a personal injury or vehicle accident case will have their own reporting deadlines. Usually, injuries need to be reported to insurance carriers within a day or two after the incident occurs, or the claim will face challenges. It is not uncommon to see insurance carriers delay or deny claims that are not reported right away.
Are Most Injury Cases Settled in the Courtroom?
The vast majority of personal injury cases in Colorado are resolved through settlements with insurance carriers without ever resulting in a personal injury civil lawsuit. However, if the insurance carrier involved in the personal injury case refuses to offer a fair settlement or denies a claim, it may be necessary for an injury victim and their attorney to file a personal injury lawsuit in Denver civil court.
Even after a civil lawsuit has been filed, the chances of the injury victim going to court for their case are still fairly slim. Personal injury cases take a while to work their way through the court system, and they will have to go through the discovery phase. During this process, most injury cases end up being resolved between the two parties before having to go in front of a personal injury jury.
Personal injury cases in Colorado can become very complex. If you or somebody you care about has been injured due to the careless or negligent actions of another individual, business, or entity, we strongly recommend that you reach out to a personal injury lawyer in Denver for help. At Fuicelli & Lee, P.C., our team has extensive experience handling these cases, and we will make sure that your case gets filed on time. We understand what the statutes of limitation dictate, and we also know the importance of working quickly when dealing with aggressive insurance carriers. You can contact us for a free consultation of your case by clicking here or by calling 303-355-7202.