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Your Pagosa Springs 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 Archuleta County sits in Pagosa Springs, at 109 Harman Park Drive, Pagosa Springs, CO 81147. To talk it through, send the form on this page and we will work to connect you with an attorney in our network.
Nobody plans for the call that follows an accident. Whether you were hurt in a crash, a fall or something else in Pagosa Springs, the weeks afterward bring decisions that feel bigger than they should. Here is what Colorado law says, in plain terms, so you can ask better questions.
We match people with attorneys; we do not advise on cases. Treat what follows as a plain language guide to Colorado law drawn from the statutes. When you want to talk to an attorney, the form at the top of this page is the way to start.
Before You Hire: Questions For A Pagosa Springs Attorney
Bring these to your first call, whoever it is with:
- 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).
- The people. Ask who will be in touch with you and how quickly they return calls.
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
Personal Injury Types of Cases
Premises Liability
Many premises liability claims are from a property owner’s duty to maintain a property in the way that does not endanger others. There are may ways a property owner can violate this duty.
- Broken Stairs
- Unlit alleyways
- Slippery Floors
- Surfaces that are uneven
- Places to receive burns
- Places to receive chemical exposure
- Dog bites
- and other dangerous conditions
Motor Vehicle Accidents
As long as the person that was operating the vehicle that injured you was negligent in some way, you can could have a claim for compensation. This can include.
- Car Accidents
- Truck Accidents
- Bicycle Accidents
- 18 wheeler Accidents
- Motorcycle crashes
- Drunk Driving
- Distracted Driving
- Aggressive Driving
- and other types of motor vehicle accidents
Work Place Accidents
These types of personal injury lawsuits involve more that just a employee and employer. If you feel like your place of employment was negligent in some way, you might have a claim for compensation. These types of accidents can include.
- Slip and Fall
- Unsafe working conditions
- Unmaintained equipment
- Auto Accidents
- Death
- Electrical Hazards
- Occupational illnesses like COPD, contagious diseases, and asbestosis
- personal injuries at work
Wrongful Death
When negligence leads to fatal injuries, a wrongful death suit can help the surviving family members hold the negligent company, persons, and or person accountable for what was done. A wrongful death case can involve different types of compensation from other personal injury claims. After a fatal accident, family members can ask an attorney to review what compensation the surviving loved ones may have a right to. These types of accidents can include.
- Auto Accident
- Maritime Accident
- Drowning
- Electrocution
- Falls
- Helicopter Accident
- Fire
- Firearm
- and other types of wrongful deaths
Injured in Pagosa Springs? Get matched with an attorney now.
When Fault Is Shared
Colorado measures each person’s share of fault. Under C.R.S. § 13-21-111, your own negligence does not bar recovery if it was not as great as the negligence of the person you are suing, but any damages are diminished in proportion to your share. The jury returns a special verdict that states the damages and the degree of negligence of each party as a percentage.
The rule has a hard edge. If your share is equal to or greater than the defendant’s, the court enters judgment for the defendant (C.R.S. § 13-21-111). Ask an attorney how a fault argument by an insurer could affect your case.
Special Rules To Know
Ask early whether a special rule applies, because it depends on who is responsible. For a private defendant, exemplary damages need fraud, malice or willful and wanton conduct (C.R.S. § 13-21-102) and proof beyond a reasonable doubt (C.R.S. § 13-25-127), and the amount is limited to the actual damages unless the court raises it for conduct during the case.
For a public body, the notice must be filed within 182 days after the injury is discovered, even if you did not yet know every element of a claim (C.R.S. § 24-10-109).
Time Limits To Know
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
Colorado requires liability coverage of at least $25,000 for bodily injury or death to any one person in an accident, $50,000 to all persons in one accident, and $15,000 for property damage (C.R.S. § 10-4-620). Those are minimums, and a serious injury can cost far more.
Your own policy matters too. A motor vehicle liability policy must provide uninsured motorist coverage in the limits set in C.R.S. § 42-7-103, unless the named insured rejects it in writing (C.R.S. § 10-4-609).
The Court and Hospitals Behind a Pagosa Springs Claim
Pagosa Springs lies in Archuleta County, according to Census Bureau place and county names. For Archuleta County, the Colorado court directory shows the 6th Judicial District court in Pagosa Springs, at 109 Harman Park Drive, Pagosa Springs, CO 81147. In Pagosa Springs, the state trauma list names Pagosa Springs Medical Center as a Level IV trauma center.
Measured in a straight line from Pagosa Springs, the nearest Colorado acute care and critical access hospitals in the federal Hospital General Information file are Pagosa Springs Medical Center in Pagosa Springs, 4.2 miles, a critical access hospital, then Rio Grande Hospital in Del Norte, 45.1 miles, a critical access hospital, then Mercy Regional Medical Center in Durango, 45.3 miles, an acute care hospital. Pagosa Springs Medical Center is at 95 S Pagosa Blvd, Pagosa Springs, CO 81147.
Road distance from Pagosa Springs is longer than a straight line. Wherever you were treated, ask for the full records and an itemized bill, and keep a list of every visit.
Further down the same list are Animas Surgical Hospital, LLC in Durango (47.7 miles) and San Luis Valley Health Conejos County Hospital in La Jara (57.1 miles). The file lists 1 Colorado acute care or critical access hospital within 10 miles of Pagosa Springs, 1 within 25 miles and 4 within 50 miles, all in a straight line.
The nearest places in Colorado that this site has pages for, by the same coordinates, are Creede (40.7 miles north), Durango (48.1 miles west) and Silverton (52.4 miles northwest). Denver is 207 miles northeast of Pagosa Springs and Colorado Springs is 165 miles northeast.
Beginning Your Case Review In Pagosa Springs
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.
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
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 is the nearest hospital to Pagosa Springs?
On the federal list the nearest Colorado acute care or critical access hospital is Pagosa Springs Medical Center in Pagosa Springs (4.2 miles, straight line), then Rio Grande Hospital in Del Norte (45.1 miles) and Mercy Regional Medical Center in Durango (45.3 miles). In an emergency call 911; not every hospital has an emergency room.
Which other places near Pagosa Springs does this site cover?
By Census coordinates the nearest are Creede, 40.7 miles north; Durango, 48.1 miles west; and Silverton, 52.4 miles northwest, all in a straight line from Pagosa Springs.
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.
How long do I have to file an injury lawsuit in Colorado?
For most injury claims, two years (C.R.S. § 13-80-102). For a car, truck or other motor vehicle claim, three years (C.R.S. § 13-80-101). Assault, battery and false imprisonment have one year (C.R.S. § 13-80-103).
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.
Help Elsewhere in Colorado
If your injury happened outside Pagosa Springs, one of these pages may fit better.
