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Your Castle Rock Personal Injury Attorney
The short answer. In Colorado most injury claims must be filed within two years, and three years for injuries from a motor vehicle (C.R.S. §§ 13-80-102 and 13-80-101). The trial court for Douglas County sits in Castle Rock, at 4000 Justice Way, Ste. 2009, Castle Rock, CO 80109. To talk it through, send the form on this page and we will work to connect you with an attorney in our network.
An injury changes the pace of your days. Medical visits, paperwork and worry about money can crowd out everything else. If you were hurt in Castle Rock because of another person’s actions, this page explains how Colorado treats injury claims so you can plan your next step.
This page is general information, not legal advice. NeedAnAttorney.net matches people with attorneys and does not represent anyone. The legal points below come from Colorado’s statutes, and the form at the top of the page is how you reach an attorney.
What To Ask Before You Choose An Attorney In Castle Rock
Whoever you speak to, a few answers tell you a lot:
- The date. Ask the attorney to name the exact last day to file in your case. Colorado allows two years for most injury claims and three years when the claim comes from the use or operation of a motor vehicle (C.R.S. § 13-80-102, C.R.S. § 13-80-101).
- Punitive damages. Ask whether the facts could support them. Colorado calls them exemplary damages, they require fraud, malice or willful and wanton conduct, and they must be proved beyond a reasonable doubt (C.R.S. § 13-21-102, C.R.S. § 13-25-127).
- If you were partly to blame. Ask what happens to your award if a jury puts a percentage on your fault. Damages are diminished in proportion to your negligence, and the court enters judgment for the defendant if your share is equal to or greater than the defendant’s (C.R.S. § 13-21-111).
- Who will work on it. Ask who handles your file day to day and how fast messages are answered.
- Fees and costs. Ask what the fee is, when it is paid, and which expenses are deducted from a settlement.
Common Kinds of Injury Claims
Vehicle crashes
After a crash, see a doctor even if you feel fine, since some injuries show up later. Take photographs of the cars, the road and any injuries, get the other driver’s insurance details, and save every repair estimate.
Pedestrian and bicycle injuries
If a driver hit you while you were on foot or on a bike, note exactly where it happened, what the signals and lighting were like, and who saw it. Ask the people who stopped to leave their names and numbers.
Falls and unsafe property
Falls on someone else’s property usually depend on what the owner knew or should have known about the hazard. Photograph the spot before it changes, report the fall in writing, and keep the shoes you were wearing.
Wrongful death
If someone you love died because another person was careless or at fault, the law treats it separately. Colorado law lets an action for damages go forward even though the injured person has died, when the death was caused by a wrongful act, neglect or default that would have entitled the person to sue had death not occurred (C.R.S. § 13-21-202), and the time to sue is set by the general limitation statute (C.R.S. § 13-21-204). It is a heavy time to make decisions, and an attorney can explain the process at your pace.
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How Shared Fault Is Counted
Blame is counted by percentage in Colorado. The jury, or the court if there is no jury, finds the total damages and the percentage of negligence or fault of each party and of any nonparty the defendant has properly named (C.R.S. § 13-21-111.5).
Those percentages decide who pays what. A defendant is liable only for the degree of fault attributable to that defendant, with an exception for people who consciously conspire and deliberately pursue a common plan to commit a tortious act (C.R.S. § 13-21-111.5). Your own percentage also matters, because a share equal to or greater than the defendant’s ends the claim against that defendant (C.R.S. § 13-21-111).
Extra Damages And Government Claims
A claim for exemplary damages cannot be part of the first complaint. It may be added by amendment only after the exchange of initial disclosures, and only if the plaintiff shows prima facie proof of a triable issue (C.R.S. § 13-21-102).
If a city, county, school district or other public body may be responsible, a separate notice rule applies. A written notice must be filed within 182 days after the date of discovery of the injury, and failing to comply forever bars the action (C.R.S. § 24-10-109).
Filing Deadlines For Injury Claims
The standard deadline depends on the kind of claim: two years for most tort actions (C.R.S. § 13-80-102), three years for a motor vehicle tort action (C.R.S. § 13-80-101), and one year for assault, battery or false imprisonment (C.R.S. § 13-80-103).
Claims against a public body add a notice step, a written notice within 182 days after the injury is discovered (C.R.S. § 24-10-109). Because the limits differ by claim, ask early which one fits your facts.
What Auto Policies Must Cover
Minimum coverage is a floor, not a measure of your claim. Colorado’s required limits are $25,000 for one person, $50,000 for all persons in one accident and $15,000 for property (C.R.S. § 10-4-620).
If a crash leaves you with more bills than the other driver’s policy pays, your own uninsured motorist coverage may matter (C.R.S. § 10-4-609). Before accepting a payment, ask an attorney to check every policy that could apply.
The Court and Hospitals Behind a Castle Rock Claim
The Census Bureau places Castle Rock in Douglas County. Douglas County’s 23rd Judicial District district court is listed in Castle Rock, at 4000 Justice Way, Ste. 2009, Castle Rock, CO 80109. ADVENTHEALTH CASTLE ROCK in Castle Rock appears on the state trauma list as a Level III trauma center.
Ask every provider for your full records and an itemized bill, and keep a running list of appointments. A transfer between hospitals leaves two sets of records, so request both.
How The Intake Process Works In Castle Rock
The form at the top of this page is the starting point. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in Colorado. It costs nothing to use and does not commit you to anything.
Meanwhile, jot down the facts while they are fresh: date, time, place, who was there, what care you have had and what work you have missed. Save every bill and every message from an insurer.
Frequently Asked Questions
Can I recover punitive damages in an injury case?
Sometimes. Colorado calls them exemplary damages. You must show fraud, malice or willful and wanton conduct (C.R.S. § 13-21-102) and prove it beyond a reasonable doubt (C.R.S. § 13-25-127).
How much liability coverage must a Colorado driver carry?
The minimums are $25,000 per person, $50,000 per accident and $15,000 for property damage (C.R.S. § 10-4-620).
Which records matter most after an accident?
Keep your medical records and itemized bills, photographs of the scene and injuries, any police or incident report number, proof of missed pay, repair estimates, and all messages from insurers.
Should I speak with the other driver’s insurance company?
You are free to talk to them, but you are not required to give a recorded statement immediately. Saying that you want advice first is a reasonable answer.
Is a claim against a public body different in Colorado?
It is. The notice must be filed within 182 days after discovery of the injury, even if you did not yet know all the elements of a claim (C.R.S. § 24-10-109).
When will I know what my claim is worth?
It depends on how long you need treatment and how the insurer responds. Settlement usually comes after your condition is clear, and a lawsuit adds time.
What is the Colorado statute of limitations for an injury claim?
Generally two years, or three years for a motor vehicle tort action (C.R.S. §§ 13-80-102, 13-80-101). A claim accrues when the injury and its cause are known or should have been known with reasonable diligence (C.R.S. § 13-80-108).
Does Colorado count my share of the blame?
Yes, the jury states a percentage for each party (C.R.S. § 13-21-111). You can recover only when your share is less than the share of the person you are suing, and the award is reduced by your percentage.
Serving Injured Clients Across Colorado
People are hurt in every part of Colorado. These pages cover other communities.
