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Your Montrose 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 Montrose County sits in Montrose, at 1200 North Grand Avenue Bin A, Montrose, CO 81401. To talk it through, send the form on this page and we will work to connect you with an attorney in our network.
Getting hurt rarely comes at a convenient time. You may be in pain, missing work and answering calls from an insurance company while trying to learn what you are owed. If your injury in Montrose was someone else’s doing, start with the basics below and go at your own pace.
NeedAnAttorney.net is a matching service. It does not give legal advice about your case. What follows is general information about Colorado injury law, taken from the text of the statutes, so you know which questions to ask. The form at the top of the page connects you with an attorney when you are ready.
Questions To Ask A Montrose Injury Attorney
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).
- Claims against the government. Ask whether a public body could be responsible. A written notice must be filed within 182 days after the injury is discovered, and missing it can bar the claim (C.R.S. § 24-10-109).
- 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.
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
Injury Claims People Ask About
Vehicle crashes
Vehicle injuries start with the same few steps: medical care first, then photographs of the scene, names and numbers of anyone who saw it, the other driver’s insurance information and any estimates for repairs.
Pedestrian and bicycle injuries
Walkers and cyclists hurt by a vehicle should write down the location, the time of day, the lighting and the signals as soon as they can. Witnesses who stopped are valuable, so ask for their contact details before they leave.
Falls and unsafe property
Wet floors, icy steps and broken railings cause injuries that turn on how long the hazard existed and who was responsible for it. Photograph the hazard as soon as you can and report the fall to whoever runs the property.
Wrongful death
If a loved one died because of another person’s wrongful act or omission, a different set of rules applies. 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.
Injured in Montrose? Get matched with an attorney now.
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
Colorado calls punitive damages exemplary damages. A jury may award reasonable exemplary damages when the injury is attended by circumstances of fraud, malice or willful and wanton conduct, and the amount may not exceed the actual damages awarded (C.R.S. § 13-21-102). A court may raise the award to as much as three times the actual damages if the defendant kept up the behavior or aggravated the harm while the case was pending (C.R.S. § 13-21-102).
The proof standard is high. The party asking for exemplary damages must prove the wrong beyond a reasonable doubt (C.R.S. § 13-25-127).
How Long You Have To File
Time limits decide many injury cases. The usual Colorado rule is two years for tort actions (C.R.S. § 13-80-102) and three years for motor vehicle tort actions (C.R.S. § 13-80-101). Missing the date usually ends the case.
A wrongful death action must also be commenced within two years, counted from the date of death (C.R.S. § 13-80-102, C.R.S. § 13-80-108). The period is four years against a defendant who committed vehicular homicide and left the scene of the accident (C.R.S. § 13-80-102).
Coverage Limits Behind a Crash Claim
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.
Courts and Hospitals Near Montrose
Montrose County is the county the Census Bureau assigns to Montrose. For Montrose County, the Colorado court directory shows the 7th Judicial District district court in Montrose, at 1200 North Grand Avenue Bin A, Montrose, CO 81401. In Montrose, the state trauma list names MONTROSE REGIONAL HEALTH as a Level III trauma center.
Keep copies of everything the hospital or clinic gives you, ask for an itemized bill, and note each appointment as it happens. If you moved between facilities, collect the records from each one.
What To Do Once You Are Ready To Talk In Montrose
Use the form at the top of the page to tell us what happened. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in Colorado. There is no charge to submit it, and submitting it does not hire anyone.
Before the first call, collect the basics: the date, the place, names of witnesses, your medical visits and your missed work. A single folder for bills, letters and photographs saves time later.
Frequently Asked Questions
Which court would hear an injury case from Montrose?
An attorney will tell you which court has jurisdiction in your situation. The state judiciary’s court listing, described above, shows where its local courts are.
What is the deadline to sue for an injury in Montrose?
Two years for most tort actions (C.R.S. § 13-80-102), and three years for a tort action arising out of the use or operation of a motor vehicle (C.R.S. § 13-80-101). A wrongful death action has two years from the date of death (C.R.S. §§ 13-80-102, 13-80-108).
Can I still recover if the accident was partly my fault?
Sometimes. Colorado reduces damages in proportion to your negligence, but a share equal to or greater than the defendant’s ends the claim against that defendant (C.R.S. § 13-21-111).
What does Colorado require for exemplary damages?
Fraud, malice or willful and wanton conduct, proved beyond a reasonable doubt (C.R.S. §§ 13-21-102, 13-25-127). They cannot be part of the initial claim and may be added later with prima facie proof of a triable issue (C.R.S. § 13-21-102).
What are Colorado’s minimum auto insurance limits?
At least $25,000 per person and $50,000 per accident for bodily injury or death, and $15,000 for property damage (C.R.S. § 10-4-620).
What documents should I keep after an injury?
Medical records and bills, photographs, the police or incident report number, pay stubs showing missed work, repair estimates and every letter or email from an insurer.
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.
Are there special rules for claims against the government?
There are. Notice to the public entity within 182 days of discovery is a jurisdictional prerequisite, and missing it forever bars the action (C.R.S. § 24-10-109).
Help Elsewhere in Colorado
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