A spinal cord injury can change every part of a person’s life in a single moment. In Colorado, most of these injuries come from car and truck crashes, motorcycle wrecks, falls on unsafe property, and recreational accidents. If someone else’s carelessness caused the injury, a personal injury claim is how you recover the money needed for medical care, lost income, and a future that now looks very different.
Can I sue for a spinal cord injury in Colorado?
Yes, if another person or company’s negligence caused or contributed to the injury. Common examples include a driver who ran a red light, a trucking company that pushed a fatigued driver, a property owner who ignored an icy stairway, or a business that failed to maintain safe premises. To recover, you generally need to show the other party owed you a duty of care, breached it, and that the breach caused your injury and losses. The claim may be against an individual’s insurance policy, a commercial policy, your own underinsured motorist (UIM) coverage, or several of these at once. Spinal cord claims often involve multiple insurance layers because the losses exceed a single policy’s limits.
How much is a spinal cord injury claim worth in Colorado?
No honest lawyer can give you a number at the start, and no outcome is guaranteed. Value depends on the injury level and completeness (for example, incomplete versus complete injury, paraplegia versus tetraplegia), your age, your work history, the available insurance, and how clearly fault can be proven. Serious spinal cord injury claims are usually built around a life care plan, a detailed projection of future medical care, equipment, home modifications, attendant care, and therapy over your lifetime, along with an economist’s analysis of lost earning capacity. These future costs are often the largest part of the claim.
What damages can I recover after a spinal cord injury?
Colorado allows recovery of economic and noneconomic damages. Economic damages include past and future medical bills, rehabilitation, mobility equipment, home and vehicle modifications, in-home care, and lost wages and earning capacity. Economic damages are not subject to the general statutory cap. Noneconomic damages cover pain, suffering, emotional distress, and loss of enjoyment of life. Colorado also treats physical impairment and disfigurement as a separate category of damages, and juries are instructed to award them separately from pain and suffering (CJI-Civ 6:1). A spouse may also have a claim for loss of consortium.
For a full explanation of how noneconomic damages are valued and proven, see our guide to pain and suffering damages in Colorado.
Is there a cap on pain and suffering damages in Colorado?
Yes. Under HB24-1472, Colorado’s general cap on noneconomic damages in personal injury cases increased to .5 million for claims that accrue on or after January 1, 2025, and for lawsuits filed during 2025, with inflation adjustments every two years beginning in 2028 (C.R.S. 13-21-102.5(3)). Claims that arose before 2025 and are filed after 2025 remain subject to the older, lower cap. This is a major change for catastrophic injury victims, because under the old cap, noneconomic damages for a lifelong spinal cord injury were limited to a fraction of their real impact. Wrongful death and medical claims have their own separate caps, so confirm which rule governs your case.
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Are physical impairment and disfigurement damages capped in Colorado?
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No. The noneconomic damages cap does not “limit the recovery of compensatory damages for physical impairment or disfigurement” (C.R.S. 13-21-102.5(5)). Colorado’s pattern jury instructions have juries award those damages in their own category, separate from pain and suffering (CJI-Civ 6:1 and 6:1A). For someone living with paraplegia or tetraplegia, physical impairment damages can be one of the most significant parts of the claim, and they are not limited by the .5 million cap.
How long do I have to file a spinal cord injury lawsuit in Colorado?
Deadlines depend on how the injury happened. Colorado generally allows three years to file a lawsuit for injuries from a motor vehicle crash, and two years for most other negligence claims, such as a fall on someone’s property. Claims against a government entity, like a city bus or a poorly maintained public road, can require a written notice of claim within 182 days under the Colorado Governmental Immunity Act. Missing a deadline can end a claim entirely, so talk with a lawyer early.
What if I was partly at fault for the accident?
Colorado follows modified comparative negligence under C.R.S. 13-21-111. You can still recover as long as your share of fault is less than the share of the party (or parties) you are suing, but your damages are reduced by your percentage of fault. If you are found 50% or more at fault, you recover nothing. Insurance companies frequently argue that injured people were partly at fault, such as not watching where they were walking, to reduce what they pay. Evidence gathered early, like scene photos, video, and witness statements, helps counter those arguments.
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Can not wearing a seat belt reduce a spinal cord injury claim?
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Only in a limited way. Under C.R.S. 42-4-237(7), evidence that you weren’t wearing a seat belt cannot be used to prove you were at fault for the crash. It can be used only to reduce damages for pain and suffering, not economic losses or medical expenses. And the Colorado Supreme Court has held that it cannot reduce damages for physical impairment or disfigurement (Pringle v. Valdez, 171 P.3d 624 (Colo. 2007)). The defendant also has the burden of proving the seat belt wasn’t worn (CJI-Civ 5:3).
What should I do now to protect a spinal cord injury claim?
Focus on medical care first. Follow your treatment and rehabilitation plan, keep every bill and record, and keep a simple journal of daily limitations and pain. Avoid giving recorded statements to the other driver’s or property owner’s insurer before getting legal advice, and do not sign medical authorizations or releases you have not reviewed. Preserve evidence like photos, damaged equipment, clothing, and contact information for witnesses. Do not post about the accident or your recovery on social media.
Talk to a Colorado spinal cord injury lawyer
Mile High Legal represents people with life-changing injuries across Colorado. We can help you understand the insurance coverage in play and what a full claim should account for. Contact us for a consultation. You may also want to read about catastrophic injury claims and traumatic brain injury claims after a Colorado car accident.
This page is general information, not legal advice, and does not create an attorney-client relationship. Every case is different and past results do not guarantee future outcomes.
