What Are the Steps To Filing a Personal Injury Lawsuit in Colorado?
If you’ve been injured due to someone else’s negligence in Colorado, you might be considering filing a personal injury lawsuit. Understanding the steps involved can help you navigate the process with confidence.
This guide outlines the typical steps to filing a personal injury lawsuit in Colorado.
Why File a Personal Injury Lawsuit?
Filing a personal injury lawsuit can help you recover compensation for medical expenses, lost wages, pain and suffering, and other damages. While many cases are settled through negotiations with insurance companies, sometimes a lawsuit is necessary to achieve a fair outcome.
Reasons to file a lawsuit include:
- The insurance company denies your claim
- Settlement offers are too low
- Disputes over who is at fault
- Severe injuries with long-term effects
A lawsuit can provide leverage in negotiations and ensure that your rights are protected.
Step 1: Initial Investigation
The first step is to gather all relevant information about the incident. This includes:
- Collecting evidence: Photos, videos, and physical evidence from the scene
- Obtaining medical records: Documentation of your injuries and treatments
- Gathering witness statements: Contact information and testimonies from anyone who saw the incident
- Reviewing police reports: Official records that may detail the circumstances
An attorney can organize this information to build a strong case. This step also helps your attorney maximize the value of your claim.
Step 2: Consulting a Personal Injury Lawyer
While not required, hiring an experienced personal injury lawyer can be beneficial. A lawyer can:
- Evaluate your case: Determine the viability and potential value
- Advise you on legal options: Explain your rights and possible strategies
- Handle communications: Interact with insurance companies on your behalf
Most personal injury attorneys work on a contingency fee basis, meaning you don’t pay unless they win compensation for your case.
Step 3: Filing an Insurance Claim
Before filing a lawsuit, you typically file a claim with the at-fault party’s insurance company. This involves:
- Submitting a demand letter: Outlining your injuries and damages
- Negotiating a settlement: Discussing terms with the insurance adjuster
- Reviewing settlement offers: Deciding whether to accept or reject offers
If negotiations fail to result in a fair settlement, proceeding to a lawsuit may be the next step.
Step 4: Filing a Lawsuit
To initiate a lawsuit, you’ll need to file a complaint with the appropriate Colorado court. This includes:
- Drafting the complaint: A legal document stating your allegations and desired compensation
- Filing within the statute of limitations: In Colorado, you generally have two years from the date of injury to file a personal injury lawsuit
- Paying filing fees: Required by the court to process your case
Once filed, the defendant must be served with the summons and complaint. If you hire an attorney, they can handle this step on your behalf.
Step 5: Service of Process
The defendant must be formally notified of the lawsuit. This involves:
- Delivering the summons and complaint: Typically done by a process server or law enforcement officer
- Providing proof of service: Documentation that the defendant was properly notified
Proper service of process is crucial; without it, the case may not proceed.
Step 6: The Discovery Process
Discovery allows both parties to obtain information from each other. This can include:
- Interrogatories: Written questions that must be answered under oath
- Requests for documents: Medical records, employment records, and other relevant documents
- Depositions: Oral testimonies taken under oath before a court reporter
- Expert witness reports: Opinions from specialists that support your case
Discovery helps build evidence for trial and can last several months.
Step 7: Settlement Negotiations Continue
Even after a lawsuit is filed, settlement negotiations can still occur. The benefits of settling include:
- Saving time and money: Trials can be lengthy and expensive
- Certainty of outcome: Avoiding the unpredictability of a jury decision
- Privacy: Settlements are often confidential, while trials are public record
Your lawyer can advise whether a settlement offer is fair or if proceeding to trial is better.
Step 8: Mediation or Arbitration (Optional)
Alternative dispute resolution methods like mediation or arbitration may be used to resolve the case without a trial.
- Mediation: A neutral mediator helps both parties reach a voluntary agreement
- Arbitration: An arbitrator hears both sides and makes a binding decision
These methods can be faster and less formal than court trials. However, they are not appropriate for every case.
Step 9: Going To Trial
If no settlement is reached, the case goes to trial. The trial process includes:
- Jury selection: Choosing impartial jurors to hear the case
- Opening statements: Each side presents an overview of their case
- Presentation of evidence: Witness testimonies, documents, and exhibits are presented
- Closing arguments: Final summaries and appeals to the jury
- Jury deliberation and verdict: The jury decides on liability and damages
Trials can be complex, and having skilled legal representation is essential. Most cases don’t reach this stage. However, it can benefit you to hire an experienced trial lawyer nonetheless – insurance companies and other defendants would take note of this fact.
Step 10: Collecting the Judgment
If you win the case, the court will award damages. Collecting the judgment involves:
- Receiving payment: The defendant or their insurance company pays the awarded amount
- Enforcing the judgment: If payment isn’t made, legal actions like wage garnishment may be necessary
Your lawyer can assist in ensuring that you receive the compensation ordered by the court.
Time Limits for Filing a Personal Injury Lawsuit in Colorado
Colorado has statutes of limitations that set deadlines for filing lawsuits:
- Personal injury claims: Two years from the date of injury
- Motor vehicle accident claims: Three years from the date of the accident
- Wrongful death claims: Two years from the date of death
There can be exceptions. Missing the applicable deadline can result in losing your right to compensation.
Contact a Denver Personal Injury Lawyer for Help Navigating the Process
Navigating a personal injury lawsuit can be complex and overwhelming. An experienced Denver personal injury attorney can guide you through each step, protect your rights, and work toward securing the compensation you deserve.
If you’ve been injured due to someone else’s negligence, don’t hesitate to seek legal assistance. Contact an attorney in Zaner Law Personal Injury Lawyers today at (720) 613-9706 to evaluate your case, explain your options, and help you make informed decisions.
