Stage 1: Investigation and medical treatment (0–6 months)
Nothing meaningful can be valued until doctors reach maximum medical improvement (MMI) — the point where you're either healed or as recovered as you're expected to get. Settling before MMI almost always shortchanges you, because future treatment costs aren't yet known.
In parallel, your lawyer typically:
- Gathers the police report, 911 audio, and witness statements.
- Requests medical records, bills, and imaging.
- Documents lost wages and out-of-pocket costs.
- Preserves scene evidence, dashcam footage, and phone records.
Stage 2: The demand package (typically 6–12 months in)
Once your treatment stabilizes, your lawyer sends a demand letter to the insurer summarizing liability, injuries, treatment, and damages, along with a settlement figure. Adjusters usually respond within 30–60 days.
Stage 3: Negotiation
Insurers rarely accept the first demand. Expect several rounds of counter-offers. A good Denver lawyer knows the local adjusters, the judges, and what similar cases have settled or verdicted for in Colorado — that context is what turns a lowball offer into fair value.
Stage 4: Filing suit (if needed)
If negotiations stall or the deadline is approaching, your lawyer files a lawsuit in Denver District Court (or federal court, when applicable). Filing does not mean the case will go to trial — most still settle — but it forces the insurer to take the case seriously and opens formal discovery.
Stage 5: Discovery, mediation, and trial
- Discovery: written questions, document requests, and depositions. Usually 6–12 months.
- Mediation: a neutral mediator helps both sides settle. A large share of Colorado injury cases resolve here.
- Trial: if no settlement, a jury decides liability and damages. Trials in Denver typically run 3–7 days for a straightforward injury case.
Colorado-specific rules that affect value
- Modified comparative fault: your recovery is reduced by your share of fault; if you're 50% or more at fault, you recover nothing.
- Damage caps: Colorado caps non-economic damages (pain and suffering) — the cap adjusts and depends on injury type.
- Collateral source rule: what your health insurer paid may or may not be deducted; specifics matter.
How long does the whole thing take?
Simple soft-tissue cases can resolve in 6–9 months. Serious injuries often take 12–24 months. Cases that go all the way to trial can take 2–3 years. Faster is not always better — the timeline is usually driven by how long treatment takes.