A personal injury suffered in a Castle Rock car accident can lead to financial stress, pain and suffering, and long-term recovery challenges. Fortunately, Colorado law allows injured individuals to seek compensation through a civil lawsuit against the party that injured them.
If you’re considering a lawsuit after a personal injury, it’s important to understand the civil litigation process in Colorado. The sections below describe the steps of a personal injury claim.
Step 1: Initial Case Evaluation and Eligibility
Before filing a lawsuit, your first step should be to determine whether you have a valid personal injury claim. Colorado is an “at-fault” state, meaning the person responsible for causing the injury can be held legally and financially liable for the resulting damages.
To bring a personal injury claim, you must establish the following:
- The defendant owed you a duty of care
- That duty was breached through negligence
- The defendant’s breach caused your injury
- You suffered measurable damages
If your situation meets these criteria, you may be eligible to seek compensation through a civil lawsuit. A personal injury lawyer can help you evaluate whether you have a right to damages.
Step 2: Sending a Demand Letter
Once your legal team has reviewed the facts of your case, they will typically send a demand letter to the defendant (usually an insurance company). This formal document outlines the details of the incident, the injuries you sustained, the medical care you’ve undergone, and the total financial impact on your life.
The demand letter is sent to the at-fault party or their insurance company and requests compensation for:
- Medical expenses
- Lost income
- Property damage
- Pain and suffering
- Other related losses
Insurance companies may respond by denying liability, offering a low settlement, or beginning negotiations. If a fair settlement can’t be reached, the next step is litigation.
Step 3: Filing a Lawsuit
If out-of-court negotiations fail, your attorney may file a formal complaint with the appropriate Colorado court. This document initiates the civil lawsuit and details:
- The parties involved
- The legal basis for your claim
- A summary of the facts and damages
- The compensation being sought
The defendant must respond to the complaint within a specified timeframe.
Step 4: Discovery Phase
After parties submit their pleadings and responses, the case will enter the discovery phase. This is the investigative stage where attorneys exchange evidence, conduct depositions, and gather sworn testimony from witnesses.
Discovery may include:
- Medical records
- Accident reports
- Surveillance footage
- Expert opinions
- Interrogatories (written questions)
- Depositions (in-person interviews under oath)
This process ensures that both sides have a clear understanding of the facts and avoids surprises if the case proceeds to trial.
Step 5: Mediation and Settlement Negotiations
Many civil lawsuits settle before reaching a courtroom, around 95%. Mediation is a common alternative to trial, where both parties meet with a neutral third-party mediator to attempt a fair resolution.
Mediation offers several benefits:
- Faster resolution
- Lower legal costs
- Confidential proceedings
- Greater control over the outcome
The mediator facilitates discussion but does not make a final decision. If both sides agree on a settlement, the case is resolved without a trial.
Step 6: Trial
If settlement efforts fail, the case will proceed to trial. Each side will present its arguments, evidence, and witnesses before a judge or jury. The court then determines who is liable and what compensation is owed (if any).
Trials can be time-consuming and expensive, but they may be necessary when the other party refuses to accept responsibility or offer a fair settlement.
Contact Our Castle Rock Car Accident Lawyer for Help with the Civil Litigation Process
Civil litigation in Colorado is governed by strict rules and procedures. Having an experienced car accident attorney in Castle Rock can be an asset to your case. Your attorney will help you build a compelling case, comply with legal deadlines, and maximize the value of your recovery.
Contact Casares Injury Law in Castle Rock today to schedule a free consultation to discuss your legal options and whether you can file a personal injury lawsuit after an accident.