Best Personal Injury Lawyers Denver, CO (2024)

• J. Kyle Bachus
• Evan P. Banker
• Danielle Beem
• Sean Dormer
• R. Keith Fuicelli
• John Lee
• David McDivitt
• Luke J. Puszynski
• Beale C. Tejada
• Kurt Zaner

In this section, you’ll find many of the personal injury laws in Colorado. To find out more specifics about how to approach your own personal injury case, we are no substitute for one of the many great personal injury lawyers in Denver or all over Colorado.

Colorado Statute of Limitations

A statute of limitations is a law that limits the amount of time between when a crime or injury occurs and when a lawsuit must be filed. You may have heard this term used in TV shows or movies about criminal law. There is no statute of limitations on murder, for example. When it comes to personal injury law, Colorado has two different statutes of limitation:

• There is a two-year statute of limitations on all personal injuries. This two-year period begins on the date of the injury or the date that the victim knows of the injury.
• Colorado law allows an extra year for personal injury claims arising out of auto accidents. This means that car accident claims have a three-year statute of limitations.

Colorado Personal Injury Laws

Colorado does not have a lot of unique personal injury laws. The extra year that Colorado law gives for filing an auto accident claim is somewhat unusual, but statutes of limitations for personal injury claims in the two to three-year range are very common.

Colorado does have a few unique features to their personal injury laws:

• Many states assume that a dog is not dangerous until it has already bitten someone, called the “one bite” rule. This practice makes dog owners liable for dog bites only after the first bite. Colorado does not follow this trend and holds owners strictly liable for even the first time their dog bites someone.
• Colorado has caps on non-economic damages in injury cases. The law was passed in 1986 and capped non-economic damages at $250,000, or $500,000 if there is clear and convincing evidence that justifies the increase in damage awards. The law allows inflation adjustments to these amounts, which means that the current amounts are more than double the initial figures. In 2023, the caps on non-economic damages are $642,180 and $1,284,370.
• There is also a cap on non-economic damages in Colorado cases involving wrongful death. This cap is currently $598,350. this cap will be lifted, however, if the death was the result of a felonious killing.
• Colorado also capped non-economic damages in medical malpractice cases. These cases cannot award non-economic damages beyond $300,000.

Finding Fault and Defining Negligence

All personal injury lawsuits are based on the concept of negligence. there are four elements to negligence:

• Duty. Each of us owes everyone else certain duties and our society— the duty to obey traffic laws, the duty not to harm others, etc. Manufacturers have a duty to consumers to manufacture products that are reasonably safe and fit for the purpose that they are designed to fulfill. A doctor has a duty to perform their job in a reasonable way that is consistent with the standard of care.
• Breach. Someone owes a duty and fails to perform that duty. This is a breach. The breach of duty is what creates a cause of action in a negligence claim.
• Causality. The breach of duty causes you harm. In our doctor example, suppose they breached their duty by prescribing 1,000 mg instead of 10 mg. if this mistake doesn’t cause any harm, there is no negligence action possible. The breach must cause harm for it to be actionable.
• Damages. Finally, the injuries caused by the breach must result in a financial loss or a loss that can be paid back financially. For example, if the bad prescription caused a stroke, the cost of hospitalization, treatment, lost wages and other consequences of the stroke are the damages. The stroke itself is not a financial damage, but it can be paid back with money.

Colorado follows the modified comparative negligence rule when determining who has a right to recover after an injury. This rule allows anyone bearing less than half the responsibility for an accident to recover.

For example, imagine a slip and fall in the aisle of a grocery store that an employee of the grocery store had just mopped and used the wrong mopping fluid, so the floor was especially slippery. They had also failed to block the aisle as required by store policy.

The customer who slipped and fell was walking backward and not looking where they were going. The customer stepped into the slick spot and slid across the floor, throwing their basket into the air. The contents of the basket hit the employee. The jury finds that the accident was 90% the employee’s fault and 10% the customer’s fault.

• If the customer suffered $1,000 in damages, the modified comparative negligence rule allows them to recover $900. The rule prevents the customer from recovering all their damages because the customer was responsible for some of those damages themselves.
• If the employee wanted to sue the customer, the modified comparative negligence rule prevents the employee from doing so, because the employee is more than 50% responsible for the accident that led to their injuries.

How Can an Attorney Help You?

There are many other nuances to personal injury law. Personal injury law covers everything from birth injuries to wrongful death and animal bites to Zoloft class actions.

Making things even more complicated, Colorado can change its laws every year. The statute of limitations on certain types of personal injuries could change in the next legislative session. The laws concerning how much you can recover or what the filing process looks like could be different next year.

If you have been injured by medical malpractice, a traffic accident, a dangerous product, an assault or by any other act of negligence, the value of hiring an attorney cannot be overstated. In many circumstances, a personal injury lawsuit is the only way to hold those who have harmed you accountable. Sometimes, these lawsuits don’t just benefit the person being represented, either. Many of the consumer protections that are in place now are the result of lawsuits that were filed by personal injury attorneys.

When seeking a personal injury attorney in Denver, look for the following characteristics:

• Successful. This attribute may be obvious, but it is still worth stating. Your personal injury attorney should have a history of getting favorable results for other clients. Your attorney should be willing to provide references to back up these claims, including current and previous clients.
• Experienced. There’s nothing wrong with a young attorney learning on the job, but let them learn on the job with some other client. You should try to focus on attorneys who have a successful track record with the specific type of personal injury case that you are bringing. It doesn’t matter how many car accident cases an attorney has won if you need to find an attorney for a birth injury case.
• Well organized. Personal injury attorneys often represent many clients at the same time. Some personal injury cases only take a few weeks to resolve, but most take much longer. It is not uncommon for a good personal injury lawyer to handle dozens of cases at the same time, especially not with a solid legal team backing them up. When you have a consultation with an attorney, try to determine how well they—and their team—manage their caseload. The last thing you want is for your case to fall through the cracks and for you to have to start all over trying to find an attorney to represent you in a case against your first attorney for malpractice.
• Clear and communicative. No matter what kind of case you’re bringing, you will need to be updated and kept informed about developments in the case. Make sure that any attorney you are considering hiring communicates in a way that matches your expectations.

Personal injury cases in Denver are governed and decided according to negligence principles. This principle holds that people are accountable for the consequences of their careless and reckless choices.

When those choices result in someone sustaining an injury, the person who caused the injuries should pay the victim’s costs and expenses.

This principle is not the only law to consider in Denver personal injury claims. For example, Colorado’s comparative negligence statute describes what happens when an injured victim also commits a careless act contributing to the accident or the victim’s injuries.

This statute holds that so long as the victim is less than half to blame for their injuries, they can recover compensation. Any compensation they do receive is reduced in proportion to the victim’s fault. If the victim is primarily to blame or evenly at fault for causing the accident, they cannot recover compensation.

For example, suppose that you sustain $10,000 in damages following a car accident. However, a court finds you were 25% at fault in the crash. Colorado’s modified comparative negligence fault law would operate to limit your recovery to $7,500. However, if a court found you were 51% at fault, you would not receive compensation.

Another Colorado statute limits your compensation for certain damages as a personal injury victim. For example, your ability to recover compensation for your mental suffering and trauma following a medical malpractice case is capped at $250,000 unless the courts find compelling evidence that a higher award is justified.

Yet another statute that applies only in dog bite cases holds owners of dogs strictly liable for serious injuries. Under this statute, you are not required to show the dog’s owner knew or should have known that their canine would bite you.

Personal injury law focuses on seeking compensation for individuals harmed in some way by the careless actions of another person or entity. Just as there are many different circumstances under which you can be hurt, numerous types of lawsuits all fit under the umbrella of personal injury law in Denver. This includes the following types of cases:

• Motor vehicle accidents
• Dog bites
• Medical malpractice
• Slip and fall accidents
• Construction site accidents
• Bicycle or pedestrian accidents

Any accident that results in your or your loved one sustaining an injury because another person did not act reasonably and responsibly can be considered to be a personal injury case.

When searching for a Denver personal injury lawyer to represent you, consider the types of cases the attorney accepts. Not all personal injury lawyers accept all types of personal injury cases.

For example, some lawyers may focus on car accidents or medical malpractice cases. You want to ensure the attorney’s skills and focus match your needs.

Reaching a settlement in your personal injury case has potential ramifications you might not initially consider. An experienced personal injury lawyer in Denver can advise you on what these outcomes could be in your case and help you decide what to do about them.

One potential consequence is whether you must pay income tax on any settlement you receive. The Internal Revenue Service (IRS) considers many sources of money you receive as income subject to taxation. This could include some portions of your settlement award.

The general rule is that any settlement money you receive to compensate you for financial losses or injuries is not subject to taxation. However, if you receive compensation for emotional trauma or mental distress, this amount could be taxed by the IRS. Punitive damages could also be taxed in certain circumstances.
The same general rules apply to Colorado state income taxes.

For example, suppose that you receive a $50,000 settlement following a severe truck accident. After your attorney deducts their fees, you are left with $35,000 in compensation. The settlement specifies that $25,000 of this amount is to address your past and future medical needs, and the remainder is to compensate you for your emotional trauma.

In this situation, you could pay taxes on the $10,000 you receive for your emotional injuries. You would not be expected to pay any income taxes on either the $15,000 your lawyer kept as their fees or on the $25,000 that you received for your past and future losses and expenses.

Before you agree to any settlement, speak with a personal injury lawyer in Denver about the tax consequences you could face if you agree to the settlement.

Colorado’s personal injury statutes of limitations give you a short window to file an injury claim following a personal injury accident. These statutes encourage you to file a claim and seek damages quickly after an accident while evidence and witnesses can be located.

For most personal injury cases, the law gives you two years from the accident date to initiate your claim. Your case does not have to be completed within this period. Instead, you satisfy the statute of limitations when you file your personal injury lawsuit in the appropriate court.

If you were hurt in a car accident, you have a slightly longer to file your claim. In this case, you have three years from the crash date to bring your lawsuit.

In both situations, the time allowed by law typically begins to run on the date your accident occurs. In some situations, it may start on the date that a reasonable person would have known they were injured. With few exceptions, the statute of limitations “clock” does not stop running once it has commenced.

Failing to meet the statute of limitations can severely interfere with your ability to obtain damages for your expenses and injuries. While there are a few exceptions to the statutes of limitations, they do not apply in every circumstance.

Hiring a skilled Denver personal injury lawyer as soon as possible after a personal injury is one of the most effective ways to ensure you do not violate the statute of limitations. Your attorney can ensure your case is prepared and filed within these deadlines while you concentrate on your physical health and recovery.

Many personal injury cases do not end up in a courtroom. You and the other person who caused your injury may choose to settle your claim instead of taking your case to trial. A settlement agreement often represents a suitable way to resolve your case quickly and without the uncertainties of trial.

While you and the other party can settle any time before trial, the time it takes to settle a personal injury case depends on the case itself. How strongly the evidence demonstrates the other party’s fault, the extent of your injuries and the financial resources of the other party are just a few of the circumstances that affect how long your case will take to resolve.

One way to help expedite the resolution of your case is by keeping good records and collecting all of your bills, invoices and statements in one place. This makes it easier to know how you have been financially impacted by the accident and what damages you should receive from a settlement.

You do not need assistance from personal injury lawyers to settle your case. Denver residents may find such help useful, though, as a skilled attorney can objectively negotiate a resolution that is in your interests.

Those who do not negotiate settlements for a living can underestimate or overestimate the values of their claims. This can delay your case from reaching an appropriate and fair resolution.

You should remember that once you reach a settlement, you are bound by the terms of that agreement. You will not be able to seek additional compensation from the other party. Ensure that the amount you settle on addresses your losses and harm adequately.

To come up with the Best Personal Injury Lawyers in Denver in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical module considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.

Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:

• Legal experience
• Special licenses & certifications
• Ethics and bar disciplinary measures
• Legal thought leadership
• Education & employment background
• Scholarly lectures & writings
• Awards & honors

Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.

Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.

One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.