The Colorado Personal Injury Lawsuit Process: Official Court Procedures Explained

Most personal injury claims settle without ever going to court. But understanding the litigation process is essential—even if settlement is your goal. The credible threat of trial is often what motivates insurance companies to offer fair settlements.

This guide walks through each stage of a Colorado personal injury lawsuit, from filing the initial complaint through trial and potential appeal. We’ll explain what happens, what the Colorado Rules of Civil Procedure require, and what to expect at each step.

Stage 1: Pre-Litigation (Before Filing Suit)

Before a lawsuit begins, there’s typically a period of informal negotiation with the insurance company. During this phase:

Investigation and evidence gathering: Your attorney collects medical records, accident reports, witness statements, and other documentation.

Demand letter: A formal letter to the insurance company outlining your injuries, liability, and the compensation you’re seeking.

Negotiation: Back-and-forth with the insurer attempting to reach settlement.

Many cases resolve during this phase. But if the insurance company won’t offer fair compensation, litigation becomes necessary.

Stage 2: Filing the Complaint

A lawsuit officially begins when the plaintiff (the injured party) files a Complaint with the appropriate Colorado court. The Complaint is a formal legal document that:

– Identifies the parties (plaintiff and defendant)

– Establishes the court’s jurisdiction

– Sets forth the factual allegations

– States the legal claims (causes of action)

– Demands specific relief (damages)

Under Colorado Rule of Civil Procedure 3, the lawsuit is commenced when the Complaint is filed with the clerk of court. The plaintiff then has 63 days to serve the defendant with the Complaint and a Summons.

Where Is the Lawsuit Filed?

Personal injury cases in Colorado are filed in District Court if the amount in controversy exceeds $15,000 (as of current thresholds). Smaller cases may be filed in County Court. Venue is typically proper in the county where the defendant resides, where the accident occurred, or where the plaintiff resides if the defendant does business there.

Stage 3: Service of Process

The defendant must be formally notified of the lawsuit through service of process. Under C.R.C.P. 4, this typically involves having the Summons and Complaint delivered to the defendant personally, or through other authorized methods like certified mail or service on an agent.

Proper service is essential. If the defendant isn’t properly served, the court lacks jurisdiction over them, and any judgment could be void.

Stage 4: The Defendant’s Response

Once served, the defendant has 21 days to respond (C.R.C.P. 12). The response is usually an Answer—a document that responds to each allegation in the Complaint, either admitting, denying, or stating insufficient knowledge.

The defendant may also raise affirmative defenses—legal reasons why they shouldn’t be held liable even if the plaintiff’s allegations are true. Common defenses in personal injury cases include comparative negligence, assumption of risk, and statute of limitations.

Alternatively, the defendant might file a Motion to Dismiss arguing that the Complaint fails to state a valid legal claim. These motions must be resolved before the case proceeds.

Stage 5: Discovery

Discovery is the formal process of exchanging information between the parties. It’s often the longest phase of litigation, typically lasting several months to a year or more. Colorado Rules 26-37 govern discovery procedures.

Types of Discovery

Interrogatories: Written questions that must be answered under oath. Each party can serve up to 30 interrogatories (including subparts) without court permission.

Requests for Production: Demands for documents, photographs, electronic records, and other tangible evidence. In injury cases, this typically includes medical records, employment records, insurance policies, and accident documentation.

Requests for Admission: Written statements that the other party must admit or deny. Admissions can establish facts without needing to prove them at trial.

Depositions: Live, under-oath testimony taken outside of court but recorded by a court reporter. Parties, witnesses, and experts may all be deposed. Deposition testimony can be used at trial.

Independent Medical Examination

In personal injury cases, the defense typically requests that the plaintiff undergo an Independent Medical Examination (IME) by a doctor of the defense’s choosing. Under C.R.C.P. 35, courts can order such examinations when the plaintiff’s physical condition is in controversy.

Stage 6: Motions Practice

Throughout the case, either party may file motions asking the court to rule on specific issues. Common motions include:

Motion for Summary Judgment: Argues that there’s no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law. If granted, the case ends without trial.

Motion to Compel: Asks the court to order the other party to respond to discovery requests.

Motion in Limine: Pre-trial motion asking the court to exclude certain evidence from trial.

Stage 7: Mediation and Settlement Conferences

Most Colorado courts require the parties to attempt settlement before trial. This typically involves:

Mediation: A neutral mediator facilitates settlement negotiations. The mediator cannot force a settlement—both parties must agree. Mediation is confidential.

Settlement conference: A meeting with a judge (often a magistrate) who provides an evaluation of the case and encourages resolution.

The vast majority of personal injury cases settle before trial—often during or after mediation. Settlement allows both parties to avoid the uncertainty and expense of trial.

Stage 8: Trial

If the case doesn’t settle, it proceeds to trial. In Colorado, personal injury plaintiffs have a right to a jury trial. Here’s the basic structure:

Jury selection (voir dire): Attorneys question potential jurors and select the panel. Each side can strike a limited number of jurors without stating a reason (peremptory challenges).

Opening statements: Each side previews their case to the jury.

Plaintiff’s case-in-chief: The plaintiff presents evidence and witnesses. The defendant can cross-examine.

Defendant’s case: The defendant presents their evidence and witnesses. The plaintiff can cross-examine.

Closing arguments: Each side summarizes the evidence and argues why they should prevail.

Jury instructions and deliberation: The judge instructs the jury on the law. The jury deliberates privately and returns a verdict.

Personal injury trials in Colorado typically last anywhere from a few days to a few weeks, depending on complexity.

Stage 9: Post-Trial Motions and Appeal

After a verdict, the losing party may file post-trial motions challenging the result, such as a motion for new trial or motion for judgment notwithstanding the verdict.

Either party can also appeal to the Colorado Court of Appeals. Appeals are limited to legal errors—the appellate court generally doesn’t reconsider factual findings. The appeal process can add another year or more to the timeline.

Realistic Timeline Expectations

Every case is different, but here’s a general sense of timing:

Pre-litigation and filing: 1-3 months

Discovery: 6-12 months (sometimes longer in complex cases)

Motions and mediation: 2-4 months

Trial: 3-10 days (if the case doesn’t settle)

Appeal (if any): 12-18 months additional

From filing to resolution, most litigated personal injury cases take 1-2 years. Cases that settle early resolve faster; complex cases or those that go to trial and appeal can take longer.

We Guide You Through Every Step

Litigation is complex, but you don’t have to navigate it alone. At Flanagan Law, we handle every aspect of the legal process while keeping you informed and involved in key decisions.

If you have questions about bringing a personal injury claim in Colorado, call 720-928-9178 for a free consultation. We’ll explain your options and what to expect every step of the way.

Sources

Colorado Rules of Civil Procedure (C.R.C.P.)

Colorado Judicial Branch—District Court Civil Case Processing

Colorado Revised Statutes—Courts and Court Procedure