5 Steps in the Colorado Personal Injury Lawsuit Process
By Michael M. Clawson, Colorado Personal Injury Lawyer
If you’ve been hurt in a car accident, truck crash, or another serious incident, you may be wondering what it actually looks like to file a personal injury lawsuit in Colorado. Many people feel overwhelmed at the thought of going to court, but the truth is: with the right Colorado personal injury lawyer, the process is straightforward and manageable.
Here’s a step-by-step breakdown of the Colorado personal injury lawsuit process, so you know what to expect.
Step 1: Filing the Lawsuit (The Complaint)
The process begins when your attorney files a complaint in court. This document outlines your injuries, explains how the defendant was at fault, and states the damages you’re seeking.
In Colorado, most personal injury lawsuits are filed after settlement negotiations with the insurance company have stalled or failed. Filing the complaint officially starts the lawsuit and preserves your right to compensation within the statute of limitations.
Step 2: The Defendant Responds
Once the complaint is filed, the defendant (often an at-fault driver or their insurance company) has the opportunity to respond. They may deny responsibility, claim you were partly at fault, or even file counterclaims.
Don’t worry — your Colorado Springs accident lawyer will handle all of these responses and begin building evidence to counter them.
Step 3: Discovery Phase
Discovery is where both sides exchange information. This is often the most time-consuming part of the case, but it’s also where your attorney builds the foundation of your claim.
During discovery, both sides may:
- Exchange documents and medical records
- Submit written questions (called interrogatories)
- Take depositions (sworn statements from witnesses, doctors, or even you)
In truck accident cases, discovery might also involve requesting driver logs, black box data, and trucking company safety records.
Step 4: Negotiation and Mediation
Before trial, both sides usually try to resolve the case through negotiation or mediation. Mediation is a formal meeting with a neutral third party who helps both sides work toward a settlement.
The majority of Colorado personal injury lawsuits end here, with a settlement. A strong and experienced Colorado Springs personal injury attorney can often secure fair compensation without ever stepping foot in a courtroom.
Step 5: Trial (If Necessary)
If a settlement isn’t possible, your case will move to trial. At trial, your lawyer will present evidence, call witnesses, and argue your case in front of a judge or jury. The jury then decides whether the defendant was at fault and how much compensation you should receive.
While trials can be stressful, they’re sometimes the best path to justice when insurance companies refuse to pay fairly. Having an attorney with courtroom experience is crucial in these cases.
The Colorado personal injury lawsuit process can seem intimidating, but with the right guidance, it’s a clear path toward recovering compensation for your injuries. From filing the complaint to negotiating settlements or taking your case to trial, every step is designed to protect your rights.
If you’ve been hurt in a car accident, truck crash, or any serious injury, your best step is to talk to a Colorado Springs personal injury lawyer who can evaluate your case. At Clawson & Clawson, we’ve helped clients across Colorado Springs, Pueblo, and Denver recover millions in compensation — and we’re ready to fight for you.
Call us today at (719) 602-5888 for a free consultation. We’ll explain your rights, deal with the insurance companies, and help you get the care you need without financial stress.
We don’t get paid unless we win for you.
Matthew C. Clawson
Colorado Family Law Attorney
Email: matthew@clawson.law