Can I File a Personal Injury Claim in Colorado Without a Lawyer?

What Steps Are Involved in Filing a Personal Injury Claim?

After sustaining an injury, it’s crucial to gather evidence. Take photos and videos of the accident scene and your injuries, exchange information with the other party, collect witness information, report the incident to law enforcement or a property/business owner, and get immediate medical attention. Don’t forget to preserve medical bills, receipts, and damaged personal property.

Immediately after taking the necessary steps to protect your health and document the incident, you should also notify your insurance company about the incident.

Then, contact the at-fault party’s insurer by phone or through their online claims portal. Provide basic information, including your name and contact information, the other party’s name and policy number, and a brief statement that their insured party caused an accident on a particular date, time, and location that led to you suffering injuries.

Typically, an adjuster from the company will contact you after reporting to get more information. Avoid admitting fault, giving recorded statements, or accepting a settlement.

It’s crucial to wait until you reach maximum medical improvement, also known as MMI (the point in time when your doctor determines your condition has become stable and no further treatment is reasonably expected to improve the condition), to send a formal demand letter to the at-fault party’s insurance company.

While the initial notice notified the insurer of the accident, a demand letter officially starts out-of-court settlement negotiations.

In the letter, you will include:

• Your information
• The at-fault party’s information
• The exact date, time, and location of the incident
• A statement stating that the letter serves as a formal demand for compensation
• A chronological narrative of the events leading up to and during the accident
• Why their insured party is legally responsible under Colorado law
• The injuries you sustained
• The economic and non-economic damages you have suffered
• The specific dollar amount to resolve the claim
• A deadline to respond

Don’t forget to include supporting evidence, such as:

• Copies of all medical records and bills
• Official incident/police reports
• Photos of the accident scene
• Signed written statements
• Pay stubs, tax returns, or a formal letter from your employer verifying missed work hours and lost wages
• Expert opinions, for instance, from an accident reconstructionist, medical specialist, financial professional, or vocational expert to provide more information about the accident and damages suffered

When the insurer receives your demand letter, an adjuster will inspect liability, review submitted evidence, and verify your losses. The company can then request additional information, accept your demand, make a counteroffer, or reject your claim.

If it agrees to pay the full requested amount, you will receive a Settlement Agreement and Release to close the case. If it makes a counteroffer, this will initiate back-and-forth negotiations until a fair settlement is reached.

If the company rejects your claim or a fair settlement can’t be reached, you can file a lawsuit to be fairly compensated in court.

You would then need to file your case in the appropriate court (the Small Claims Court, the County Court, the District Court, or the Federal District Court), depending on the amount of money you are seeking and the specifics of your case.

What Is Colorado’s Statute of Limitations for Personal Injury Claims?

The statute of limitations for general personal injury claims in Colorado is two years from the date of injury.

That of a personal injury claim arising from a motor vehicle accident is three years from the date of injury.

When filing a medical malpractice claim, you have two years from the date the injury is discovered or should have been discovered to recover damages. However, you cannot file a lawsuit more than three years after the date of the actual negligent act.

You must observe the statute of limitations to protect your eligibility to seek compensation.

What Types of Compensation Can You Seek?

When you file a personal injury claim or lawsuit, you can seek:

• Economic damages: These are measurable financial losses, such as medical expenses, lost wages, lost earning capacity, and property damage.
• Non-economic damages: These are subjective, non-financial impacts on your life, including pain and suffering, inconvenience, emotional stress, disfigurement, loss of enjoyment of life, and loss of consortium. It’s essential to keep a journal detailing daily personal struggles. Non-economic damages are capped under Colorado law.
• Exemplary/punitive damages: You can claim exemplary damages if the incident that resulted in your injuries involved circumstances of fraud, malice, or willful and wanton conduct. Exemplary damages cannot exceed the amount of actual damages awarded.

How Does Colorado’s Comparative Negligence Law Affect Your Claim?

Colorado’s comparative negligence law allows an injured person to be compensated even when they were partially at fault for an accident, provided such negligence was not as great as the negligence of the person against whom recovery is sought. Additionally, the injured party’s compensation will be reduced by their percentage of fault.

So, if it’s determined that you were 20% at fault for an accident and your compensation is $100,000, you will receive $80,000.

When Should You Consider Hiring a Personal Injury Lawyer?

Self-representation in a personal injury case can allow you to save costs, as you avoid attorney contingency fees. You also retain direct control of your claim, regarding strategy, evidence submission, and so on.

However, it also has risks. For starters, Colorado courts will hold you to attorney standards. One mistake can severely damage your case.

Moreover, negotiating with insurance adjusters without experience can be challenging. They are trained to keep payouts as low as possible. If you can’t calculate the true value of your claim or stay grounded when they are applying different tactics, they may take advantage of that, resulting in a lower financial recovery.

Many pro se litigants also find it difficult to obtain expert opinions. It can also be expensive for them to access expert witnesses. 

Working with an attorney ensures you build a strong case that protects your rights. If you are injured due to someone else’s negligence, consider hiring a personal injury lawyer as soon as possible. Ideally, do so after receiving initial medical treatment.

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