What should I look for when choosing a personal injury lawyer in Denver?
Choose a lawyer with specific experience handling cases like yours, a proven track record of settlements and verdicts, and strong communication skills. You want someone who knows Colorado's legal landscape and can explain complex issues in plain terms.
Start by checking their case results in your injury type—car accidents, slip and falls, or workplace injuries each require different expertise. Ask about their trial experience, not just settlement history. Many cases settle, but insurance companies negotiate harder against lawyers who won't go to court.
Verify their standing with the Colorado Supreme Court Attorney Registration and look for disciplinary records. Meet with at least three lawyers before deciding. Most offer free consultations where you can assess their approach and whether they're genuinely interested in your case.
How much does a personal injury lawyer cost in Denver?
Most personal injury lawyers in Denver work on contingency, meaning you pay nothing upfront and they only get paid if you win. The standard fee ranges from 33% to 40% of your settlement or verdict.
The percentage often depends on when your case resolves. If it settles before filing a lawsuit, expect around 33%. Cases that go to trial typically cost 40% because of the additional work involved. This fee structure protects you from financial risk while pursuing compensation.
Beyond attorney fees, discuss who pays case expenses like medical records, expert witnesses, and court filing fees. Some firms advance these costs and deduct them from your settlement. Others require reimbursement regardless of outcome. Get this agreement in writing before signing.
What types of personal injury cases do Denver lawyers handle?
Denver personal injury lawyers handle motor vehicle accidents, premises liability claims, workplace injuries, medical malpractice, and wrongful death cases. Each category requires specific knowledge of Colorado laws and insurance practices.
Common case types include:
- Car, truck, and motorcycle accidents on I-25, I-70, and Denver streets
- Pedestrian and bicycle accidents, particularly in high-traffic areas like downtown and Cherry Creek
- Slip and fall accidents in businesses, apartments, and public spaces
- Dog bite injuries under Colorado's strict liability statute (C.R.S. § 13-21-124)
- Construction site accidents and workers' compensation disputes
- Product liability claims for defective goods
Colorado follows modified comparative negligence under C.R.S. § 13-21-111, meaning you can recover damages even if you're partially at fault. However, if you're 50% or more responsible, you cannot recover anything. This makes case evaluation and evidence gathering crucial from the start.
How long do I have to file a personal injury lawsuit in Colorado?
You have two years from the date of injury to file a personal injury lawsuit in Colorado under C.R.S. § 13-80-102. Missing this deadline typically means losing your right to compensation permanently.
Some situations have different timeframes. Claims against government entities require filing a notice within 182 days of the injury. Medical malpractice cases also follow the two-year rule, but the clock may start when you discover the injury rather than when it occurred.
Don't wait until the deadline approaches to contact a lawyer. Evidence disappears, witnesses forget details, and building a strong case takes time. Starting early gives your attorney room to investigate thoroughly and negotiate from a position of strength.
What is my personal injury case worth in Denver?
Your case value depends on medical expenses, lost wages, future treatment needs, and non-economic damages like pain and suffering. Colorado law allows you to recover both economic and non-economic damages, but there's no simple formula.
Economic damages include:
- Past and future medical bills
- Lost income and reduced earning capacity
- Property damage
- Out-of-pocket expenses related to your injury
Non-economic damages cover:
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
Colorado abolished caps on non-economic damages for most personal injury cases in 2020. Severe cases with permanent injuries or life-altering consequences typically command higher settlements. Your lawyer should provide a realistic range after reviewing your medical records and understanding the full impact on your life.
Should I accept the insurance company's first settlement offer?
No, you should never accept the first settlement offer without consulting a lawyer. Insurance companies routinely lowball initial offers, hoping you'll settle quickly before understanding your case's true value.
Early offers often come before you finish treatment or know the full extent of your injuries. You might need surgery, ongoing therapy, or discover permanent limitations months after the accident. Once you accept a settlement, you cannot reopen the claim if complications arise.
Insurance adjusters count on unrepresented claimants not knowing what fair compensation looks like. An experienced Denver lawyer understands local verdict trends, knows what similar cases have settled for, and can negotiate from an informed position. Even after paying attorney fees, you typically walk away with more money than accepting that first offer alone.
How long does a personal injury case take to resolve in Denver?
Most personal injury cases in Denver settle within 6-18 months, though complex cases can take two years or longer. Timeline depends on your recovery status, case complexity, and whether you're willing to accept the insurance company's offer.
You shouldn't settle until reaching maximum medical improvement—the point where doctors believe you've recovered as much as possible. Settling too early means potentially leaving money on the table if your condition worsens. Severe injuries requiring surgery or long-term treatment naturally extend the timeline.
If your case goes to trial in Denver County District Court, expect additional delays. Court backlogs and attorney schedules can push trial dates back months. However, filing a lawsuit often motivates insurance companies to make better settlement offers before trial. Your lawyer should discuss whether the potential for higher compensation justifies a longer timeline.
What should I bring to my first meeting with a Denver personal injury lawyer?
Bring all documentation related to your injury, including accident reports, medical records, photos, and any communication with insurance companies. The more information your lawyer has upfront, the better they can evaluate your case.
Essential items include:
- Police or incident reports
- Medical bills and treatment records
- Photos of injuries, accident scene, and property damage
- Insurance policy information
- Contact details for witnesses
- Correspondence with insurance adjusters
- Pay stubs or tax returns showing lost wages
Write down a timeline of events while memories are fresh. Include details about how the injury happened, who was present, and how it's affected your daily life. Many lawyers provide questionnaires to help organize this information.
Don't worry if you're missing documents. Your lawyer can request medical records and police reports. The consultation helps determine what evidence matters most for your specific case.
Do most personal injury cases go to trial in Denver?
No, approximately 95% of personal injury cases settle before trial. Going to court is expensive and time-consuming for both sides, creating strong incentives to negotiate.
Insurance companies evaluate the strength of your case, potential jury verdict, and litigation costs when making settlement offers. A lawyer with trial experience in Denver courts adds leverage because insurers know they can't intimidate someone who's prepared to fight. Your attorney should be ready to file a lawsuit and go to trial if necessary, even if a settlement is the likely outcome.
Cases typically settle at different stages. Some resolve during initial demand negotiations. Others settle after depositions when both sides better understand the evidence. Many settle during mediation or right before trial as the reality of jury uncertainty sets in.
What is Colorado's comparative negligence rule and how does it affect my case?
Colorado follows a modified comparative negligence system under C.R.S. § 13-21-111, which reduces your compensation by your percentage of fault. If you're 50% or more at fault, you cannot recover anything.
For example, if you're awarded $100,000 but found 20% responsible for the accident, you'll receive $80,000. This rule applies to most personal injury cases, from car accidents to slip and falls. Insurance companies often argue that you share blame to reduce their payout.
Your lawyer must build a strong case showing that the other party bears primary responsibility. This involves gathering witness statements, accident reconstruction, video footage, and expert testimony. Even small percentages of fault significantly impact your recovery, making a thorough investigation essential.
Can I still recover compensation if I was partially at fault for my accident in Denver?
Yes, you can recover compensation as long as you're less than 50% at fault under Colorado law. Your award will be reduced by your percentage of responsibility.
This rule protects accident victims who made minor mistakes but weren't primarily responsible. Maybe you were speeding slightly when another driver ran a red light, or you were texting when you slipped on an unmarked wet floor. These factors might reduce your compensation, but won't eliminate it entirely.
Insurance companies exploit comparative negligence by exaggerating your role in the accident. They'll search for any excuse to shift blame—checking if you wore a seatbelt, maintained your vehicle properly, or followed safety rules. Your lawyer should anticipate these arguments and gather evidence showing that the defendant's actions were the primary cause.
What damages can I recover in a Denver personal injury case?
You can recover economic damages for financial losses and non-economic damages for pain and suffering. Colorado law permits full compensation for how the injury has impacted your life physically, emotionally, and financially.
Economic damages include:
- All medical expenses (emergency care, surgery, physical therapy, medications)
- Future medical costs and ongoing treatment
- Lost wages and benefits
- Reduced earning capacity if you cannot return to your previous job
- Property damage repair or replacement
- Home modifications for disabilities
Non-economic damages compensate for:
- Physical pain and suffering
- Mental anguish and emotional distress
- Loss of enjoyment of life
- Permanent scarring or disfigurement
- Loss of consortium (impact on relationships)
In cases of extreme recklessness or intentional harm, Colorado allows punitive damages to punish the wrongdoer. These are less common but can significantly increase your total recovery in drunk driving accidents or cases involving gross negligence.
How do I know if my Denver personal injury lawyer is experienced?
Check their track record with cases similar to yours, their trial experience, and their reputation among clients and other attorneys. Years in practice matter less than relevant experience and results.
Ask specific questions during consultations: How many cases like mine have you handled? What were the outcomes? When did you last take a case to trial? A lawyer specializing in medical malpractice may not be the best choice for a truck accident case. Look for someone who regularly handles your injury type.
Review their client testimonials and professional ratings on Martindale-Hubbell or Super Lawyers. Check Colorado Supreme Court records for any disciplinary actions. Strong lawyers often speak at legal conferences, publish articles, or teach other attorneys—signs of respected expertise in their field.
What questions should I ask during a free consultation with a Denver injury lawyer?
Ask about their experience with cases like yours, their fee structure, and who will actually handle your case. Use this meeting to evaluate both the lawyer's qualifications and whether you feel comfortable working together.
Critical questions include:
- How many cases like mine have you resolved and what were the results?
- What do you think my case is worth and why?
- What is your contingency fee percentage and what expenses will I owe?
- Will you personally handle my case or pass it to an associate?
- How often will you update me on case progress?
- What's your approach to negotiation versus going to trial?
- What are the weaknesses in my case?
Pay attention to how they answer. Good lawyers provide honest assessments, including potential challenges. They explain legal concepts clearly and show genuine interest in your situation. Avoid anyone who guarantees a specific outcome or pressures you to sign immediately.
