How to File a Spinal Cord Injury Lawsuit in Colorado

Spinal cord injuries can result in life-altering, long-term consequences. These may include paralysis, chronic pain, and ongoing medical care. When caused by someone else’s negligence, accident victims have a right to pursue compensation for their damages to cover medical, financial, and personal costs.

Filing a spinal cord injury lawsuit in Colorado requires an in-depth understanding of state law and procedural requirements. Because of the high value of these claims, victims may face aggressive opposition from large insurance companies and corporate defendants.

At Burg Simpson, our award-winning attorneys have decades of experience fighting for the rights of spinal cord injury victims across Colorado. We have recovered over $2 billion in verdicts and settlements for our clients. Our spinal cord injury attorneys can provide you with the legal guidance, resources, and trial-ready representation you deserve.

We proudly serve spinal cord injury victims in Denver and throughout Colorado. Call Burg Simpson at 303-792-5595 today to schedule your FREE consultation.

How Do I File a Spinal Cord Injury Lawsuit?

Filing a spinal injury lawsuit involves several critical steps that should be taken in a timely and strategic manner. They include:

Conducting a Thorough Investigation

The first step in any personal injury claim is an investigation to determine:

• How the injury happened
• Who should be held responsible
• What damages the victim has sustained

Establishing these facts requires a comprehensive review of available evidence, accident reports, and medical records. Legal teams may also consult with experts who can assist with accident reconstruction, injury prognosis, and more. In some cases, eyewitness testimony may also play a key part in the claim.

Ultimately, conducting this investigation as quickly as possible allows your legal team to preserve evidence that could otherwise be lost and quickly begin building a strong claim.

Evaluating Damages and Calculating Long-Term Costs

Once liability is established, it is vital that you have a clear and accurate picture of your losses. The damages from a spinal cord injury can be significant. As such, you need to carefully evaluate the financial impact of your current and future expenses, along with the impact the injury has on your ability to work. 

For example: If you are unable to continue in the same line of work because of a spinal injury, you may be eligible for (a) any lost wages to date, as well as (b) the long-term loss of earning capacity you may be facing.

It is also important to calculate your non-economic damages:

• Pain and suffering
• Loss of enjoyment of life
• Emotional distress
• And more

These losses do not have a hard-and-fast monetary value. When preparing a lawsuit, your lawyer will consult experts who can testify as to how the type of spinal cord injury affects your life.

Engaging in Pre-Litigation Settlement Negotiations

After you have a clear picture of the value of your claim, your attorney will likely begin negotiations with the at-fault party’s insurer or legal representation. If you can reach a fair settlement offer, it will generally be a quicker and less risky approach to recovering compensation.

That said, it is important not to yield to the insurer. Insurance companies will do whatever they can to minimize how much compensation they pay out, including offering early, “low-ball” settlements. While it may be tempting to accept an early offer, the amount may ultimately be insufficient to cover your long-term needs.

Relying on an experienced attorney to communicate with insurers can help you avoid their tactics and ensure your rights are protected.

Filing a Formal Lawsuit in Colorado Civil Court

If you are unable to reach an agreeable settlement with the other party, then your legal team can file a formal complaint in the appropriate Colorado district court. The complaint details your claim, the basis for liability, and the damages you are seeking.

This will initiate the lawsuit, leading to discovery, pre-trial motions, and potentially trial. You may still be able to negotiate a settlement at this point, though filing a lawsuit signals you are willing to take the case to trial if you cannot reach a fair settlement.

How Long Do I Have to File a Spinal Cord Injury Lawsuit in Colorado?

In Colorado, the statute of limitations for injury claims is typically two years from the date of the injury unless the injury occurred in a motor vehicle accident, in which case the statute of limitations is extended to three years.

You may lose your right to pursue compensation for a spinal cord injury if you wait too long. There are certain exceptions, such as when the victim is a minor or the injury is not immediately discoverable. However, you should never assume you will be granted an exception.

Instead, we recommend beginning the process as soon as possible to give yourself the best chance of recovering the compensation you need and deserve.

What Evidence Do I Need?

For your claim to be viable, you need evidence both for proving liability and for establishing your damages. To prove liability, you may need evidence such as:

• Police reports
• Video footage
• Eyewitness statements
• Accident reconstructions
• Physical evidence (such as vehicular damage)
• Expert testimony

The evidence should clearly show that the defendant’s actions led to the accident and resulted in your injuries.

When it comes to establishing damages, it is critical to collect all documentation to establish both the cause and effect of the accident, as well as the extent of your damages. Some of the evidence you will need to support this includes:

• All medical records
• Hospital bills
• Rehabilitation costs
• Wage statements
• And more

Because of the long-term consequences of many spinal cord injuries, you may also need to rely on the insight from medical experts (such as neurologists, spinal surgeons, rehabilitation specialists, etc.) to provide insight into the extent of impairment, long-term care needs, and pain and suffering.

Which Court Has Jurisdiction?

Generally, spinal cord injury lawsuits in Colorado are filed in the district court of the county where the injury occurred or where the defendant resides. Cases arising in Denver, for example, would generally be heard in the Denver District Court.

Certain exceptions may apply. For example, if the parties are from different states and the value of the claim exceeds $75,000, a federal court may have jurisdiction.

Will My Spinal Cord Injury Claim Go to Court?

It can be difficult to know whether or not a claim will go to court, which is why every case should be prepared as though it will. This strengthens your position and often results in better settlement offers.

Generally, our goal is to settle the claim outside of court. This avoids the complex and emotionally demanding trial process. However, the attorneys at Burg Simpsons are fully prepared to advocate for our clients in court when insurance companies refuse to offer fair compensation.

Regardless of who you choose to represent you, we highly encourage you to find a firm with a proven track record in spinal cord litigation to give you the best chance of achieving a successful resolution — whether through settlement negotiations or a verdict at trial.

Get Help with a Spinal Cord Injury Lawsuit in Colorado Today

Spinal cord injury cases require sophisticated legal representation, extensive resources, and in-depth knowledge of Colorado’s legal system. Burg Simpson has over 45 years of experience representing individuals across the state who suffer catastrophic injuries due to the negligence of others.

We understand the medical, financial, and emotional challenges faced by spinal cord injury victims and their families. Our firm fights to secure full compensation for all damages, both immediate and long-term.

If you or a loved one has suffered a spinal cord injury, contact Burg Simpson to schedule your FREE case evaluation. Our spinal cord injury lawyers represent accident victims in Denver and all of Colorado.