Colorado Springs Child Injury Lawyer

Written by Timothy R. Bussey · Reviewed by Benjamin Wilcox · Last updated 29 September 2026

Key Takeaways

Deadline: 3 years if a motor vehicle was involved (C.R.S. 13-80-101(1)(n)); 2 years for most other injury claims (C.R.S. 13-80-102).
Who is liable: A parent or legal guardian brings it on the child's behalf — and a settlement of a minor's claim is not simply agreed between the adults.
If you were partly at fault: damages are reduced by your share and barred entirely at 50% (C.R.S. 13-21-111).
Where it is filed: El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903.

Who brings an injury claim for a child in Colorado?

A parent or legal guardian brings it on the child's behalf — and a settlement of a minor's claim is not simply agreed between the adults.

Court approval is generally required, and the proceeds are protected for the child rather than paid over to the parent, which is a safeguard rather than an obstacle. Parents may also have their own separate claim for the medical expenses they have paid.

Are children's injury claims valued differently?

Yes, and usually upward, because the consequence runs across a whole life.

A growth-plate fracture, a facial scar or a brain injury in a child is assessed on what it means at twenty and forty, not on what it means next month — which is also why these claims should not be settled early. Colorado's noneconomic cap of $1,500,000 for claims accruing on or after 1 January 2025 (C.R.S. 13-21-102.5(3)(a)(II)) applies to a child's claim as it does to an adult's, while the economic side — future care, future earning capacity — is uncapped.

Was Your Child Injured in Colorado Springs? The Bussey Law Firm, P.C. Can Help Your Family

Has your child recently been injured in an accident that wasn't their fault? Was the injury severe enough to warrant medical attention? Are you now contending with a mountain of medical bills and a loved one who is suffering potentially life-altering damages? If so, it may be time to seek legal representation with The Bussey Law Firm, P.C.

Throughout the state of Colorado, we have assisted many families who have been devastated by injuries to their children. We have seen just how difficult these kinds of accidents can be, both for the child and for the family. That is why we are ready to offer our assistance to parents in need. Call The Bussey Law Firm, P.C., at (719) 475-2555 to explore your rights and options in a confidential case consultation.

Child Injury Case Results

$55,000 - Child Injured in Restaurant

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How Your Child Could Become Injured

Children are smaller and more fragile than adults. Younger children’s bones may not have even finished fusing yet. This means that it takes far less force to leave a child with a catastrophic injury. There are any number of accidents that could lead to your child suffering serious injuries, and even lifelong disabilities. In our experience, some of the most common accidents that lead to child injuries include:

Of course, there are countless other ways for your child to be hurt, but if your child suffered those injuries as a direct result of someone else’s negligence, then you are well within your legal rights to hold the at-fault party liable for their actions.

Who Can Be Held Responsible for My Child's Injuries in Colorado Springs?

The key component of any successful personal injury case is establishing a breach of duty. Certain parties owe you and your child a duty of care. For example, all drivers owe a duty of care toward those on the road with them, meaning it is their responsibility to drive as safely as possible. When that duty of care is breached and people are hurt, that driver is legally responsible. To have a successful claim, you need to know who is at fault, how it was done, and be able to provide clear evidence to this point. While there are limitless scenarios in which this can happen, there are a few "repeat offenders" that we often see in child injury claims:

Schools

It stands to reason that one of the most frequent places children get hurt not of their own volition would be the place in which they spend the most time. While schools are usually considered a bastion of safety, there are always several outstanding incidents that prove otherwise. Reasons for this can stem from slippery floors, defective playground equipment, broken stairwells, and careless staff or students. Colorado has recently expanded its protection of students through the passage of the Claire Davis Bill. The bill, which was signed into law by Governor Hickenlooper in June 2015, holds schools liable for serious injuries or deaths resulting from violence that occurs on the property of a school or during school-sponsored activities.

Drivers

Like adults, a large majority of personal injury cases involving children stem from injuries sustained in automobile collisions. Because children are often transported in vans or buses from school to home and anywhere else, there is a reasonable chance they could be involved in a traffic accident as well. In Colorado, drivers owe a duty of care to other drivers as well as pedestrians to avoid causing serious harm to each other. See Ringsby Truck Lines, Inc. v. Bradfield, 563 P.2d 939 (1977). As a parent, can pursue a claim for your child when he or she is injured by a negligent driver. See Colorado Rules of Civil Procedure 17(c).

Product Manufacturers

Sometimes the most dangerous place for your child can be in is your very own home. Defective kid's products, made with substandard or poisonous parts, have been making their way onto shelves for years. Despite the increased number of consumer watchdog groups and government regulations, countless children are injured each year due to faulty goods.

Product liability cases in Colorado follow the "risk-benefit test." Pursuant to this test, if an injured party proves causation of the injury and offers evidence of a risk of harm posed by the product's claimed defect, the particular manufacturer must establish that the product's benefits outweigh its inherent risks. The Colorado Supreme Court has identified various factors to consider in analyzing the risk-benefit test in the case of Armentrout v. FMC Corporation, 842 P.2d 175 (Colo. 1992).

Parents & Bullies

This may come as a surprise, but the parents of the bully, so long as the bully is a legal minor, can be held responsible for their child's actions. According to Colorado law Rev. Stat. Section 13-21-107, parents can be ordered to pay up to $3,500, plus court costs and reasonable attorney fees, when their child under 18 who lives with them knowingly causes bodily injury to another person or maliciously or willfully damages property. The child must be living in the parent's home, however, so if the child is estranged for any reason and not in their parents' custody, then the parents are not considered liable.

If the bully is under 18 and living with their parents, however, then the parents can be held responsible for the full cost of the property damage, or up to $3,500. When it comes to injuries inflicted on another person, the same holds true. The parents are responsible for the cost of the medical bill, or up to $3,500. It is a parent's responsibility to raise their child to respect and care for others. If they fail in this, and their child acts in a cruel or negligent way, then it is the parents' responsibility to pay for the damages caused.

To assess these claims or any others, you will need seasoned and skilled litigators to review your claim, analyze the relevant case law, and fight for what is not only right, but what is fair.

Recovering Damages for Your Child

Of course, it is only natural to wonder - What good is a lawsuit or claim now? The damage has already been done.

This is a perfectly understandable question and one that we field quite often. The simple fact remains that a personal injury claim or lawsuit can only do so much. We cannot undo the past or turn back the clock on what has been done to your child. We understand that you are likely already dealing with the devastating impact of your child's injury. However, with a successful case, your family may be able to overcome the immediate financial hurdles presented and effectively plan for any long-term needs your child may have. Every situation is different, and there are no guarantees, but depending on the severity of the accident you could be eligible for one or all of the following damages:

Emergency medical transportation expenses
Therapeutic costs, both physical and mental
Doctor and specialist bills
Pain and suffering
Property damage

Keep in mind that the liable party and their insurance provider will not want to pay for the damages they caused. However, that doesn’t mean you shouldn’t bother with a claim. Afte rall, you are well within your rights to demand compensation for the damages your child suffered. But there are a few key differences between a typical personal injury claim and one for a child that you should be aware of.

Colorado Springs Child Injury Claims vs. Adult Injury Claims

First, a child is not allowed to file a claim on their own. Children need proper guidance and protection and cannot be expected to make informed decisions on their own. As such, there will be one party responsible for the claim. This party is usually one of the parents, however, other relatives or guardians can be appointed to the position. This person has the negotiating power in the claim and can decide what to pursue and what settlement to accept.

Second, the statute of limitations for a child injury case may be longer. Usually, a statute of limitations, or how long you have to file your claim, is two years for most injuries (C.R.S. 13-80-102(1)(a)) and three years for a car crash (C.R.S. 13-80-101(1)(n)). For a child, Colorado changes that only when no court has appointed a guardian or conservator for the child: the child may then bring the claim within the ordinary period or within two years after turning 18, whichever ends later (C.R.S. 13-81-103(1)(c)). If a court has appointed a legal representative, the ordinary period runs as it would for an adult, with at least two years after the appointment (C.R.S. 13-81-103(1)(a)).

However, we never recommend waiting that long to file a claim. The longer you wait, the more likely it is that your key evidence, such as photos of the accident, witness testimonies, and security footage, will be lost or forgotten. For the best possible chance to recover damages, you should file a claim as soon as possible and work with a skilled Colorado Springs child injury attorney who can offer you guidance.

Holding the Negligent Party Accountable

There is no worse feeling than seeing your child hurt. It's a parent's job to protect, provide for, and love their child, so when they do get harmed it can feel like the world is ending. That is why we at The Bussey Law Firm P.C. are so dedicated to helping parents in need. Don't let your chance at justice pass by. Contact the Colorado Springs personal injury attorneys at The Bussey Law Firm, P.C., by calling (719) 475-2555 today and let us begin building your case before it is too late.

Additional Information

Frequently Asked Questions

If you have additional questions or need more information specific to your child injury case in Colorado Springs, don’t hesitate to contact The Bussey Law Firm, P.C. for a free consultation. We are here to provide the guidance and support you need.

What should I do immediately after my child sustains an injury in Colorado Springs?

The first priority is your child’s health. Seek immediate medical attention. Ensure their injuries are documented. Afterward, consult with a Colorado Springs child injury lawyer to discuss the legal aspects of your case.

How do I know if I have a valid child injury claim?

To determine the validity of your claim, consult with a child injury lawyer. They will assess the circumstances of the injury and the responsible parties, advising you on your legal options.

Is there a time limit for filing a child injury claim in Colorado Springs?

Yes, there is a statute of limitations for filing child injury claims in Colorado Springs. It’s crucial to consult with a lawyer promptly to understand and adhere to the specific time constraints for your case.

What types of compensation can I pursue for my child's injury?

Depending on the details of the case, you may be eligible for compensation to cover medical expenses, pain and suffering, loss of income, and other associated costs. A lawyer can help you determine what you are entitled to.

Should I communicate with insurance companies after my child's injury?

It’s advisable to avoid direct communication with insurance companies without legal representation. Insurance adjusters aim to minimize payouts. Let your lawyer handle these discussions on your behalf.

What sets The Bussey Law Firm, P.C. apart as child injury lawyers in Colorado Springs?

The Bussey Law Firm, P.C. focuses on child injury cases. Our team brings extensive experience, personalized support, and a deep understanding of local laws to your case. We’re dedicated to helping you secure the compensation your child deserves.

Do I have to pay upfront for legal representation from The Bussey Law Firm, P.C.?

No, we offer a free initial consultation to assess your case. If you decide to work with us, we’ll typically work on a contingency fee basis, meaning you only pay if we secure compensation for your child’s injuries.

Can I handle a child injury claim on my own?

While it is possible to handle a claim independently, it’s often complicated and risky. Child injury cases require knowledge of local laws and legal procedures. Consulting with a Colorado Springs child injury lawyer is strongly recommended for a more successful outcome.

How long does it typically take to resolve a child injury claim?

The timeline for resolving a child injury claim can vary greatly based on the specifics of the case and the cooperation of the involved parties. An experienced attorney can give you a better estimate after reviewing your situation.

What should I expect during the legal process of a child injury claim with The Bussey Law Firm, P.C.?

When you choose The Bussey Law Firm, P.C., you can expect comprehensive support. We’ll conduct a thorough investigation, negotiate with insurance companies, and represent your interests in court if necessary. We’ll be by your side throughout the entire process.

How long does a child have to bring a claim?

Longer than an adult, and that is the one place time is on your side — a minor's claim is generally tolled, so the ordinary two- or three-year clock does not simply run out while they are still a child. Two important exceptions: a claim against a public entity still needs written notice within 182 days under C.R.S. 24-10-109(1), and a parent's own claim for medical expenses is not tolled. Because tolling rules are technical, confirm them rather than relying on "we have years".

What does a child injury claim cost to pursue?

Nothing up front, and nothing at all unless there is a recovery. A child injury review is free and the firm is paid a percentage of what it recovers rather than by the hour, so asking costs nothing. Call (719) 475-2555.

What can be recovered in a child injury claim?

Medical treatment already given, the cost of care the child will still need, and the child's own pain and loss. Where an injury will affect schooling, development or future earning capacity, that future loss is part of the claim and is usually the largest part.

Where is a child injury claim filed?

In the El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903 — the district court serving El Paso County. Most child injury claims settle without a court appearance; if one does not, the lawsuit is filed there and must be filed before the deadline runs.

Why are children's claims valued differently?

Because the loss runs for a lifetime rather than a recovery period, and because a child's injury often cannot be fully assessed until growth is complete. Settling before the long-term picture is clear is the single most common way these claims are undervalued.

How long do I have to bring a claim for my child?

Assume the ordinary deadlines apply — 3 years (C.R.S. 13-80-101(1)(n)) for a crash involving a motor vehicle and 2 years (C.R.S. 13-80-102) for most other injuries — and confirm the date with a lawyer immediately. Colorado does treat people under a legal disability differently, and whether and how that applies to your child's claim is not something to guess at.

What if my child was partly at fault?

You can still recover if you were less than 50% at fault. Colorado applies modified comparative fault (C.R.S. 13-21-111): your damages are reduced by your share and barred entirely at 50%.

What Are the Colorado Deadlines and Rules on This Claim?

Which deadline applies depends on how the injury happened, not on what it is called. Colorado gives three years to a claim arising from the use or operation of a motor vehicle and two years to most other injury claims. Missing the deadline normally ends the claim regardless of its merits.

Colorado deadlines and rules that apply to this claim
A claim arising from the use or operation of a motor vehicle	3 years — C.R.S. 13-80-101(1)(n)
Most other personal injury claims	2 years — C.R.S. 13-80-102
If you were partly at fault	Damages reduced by your share, barred at 50% — C.R.S. 13-21-111
Where a Colorado Springs claim is filed	El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903

Sources and References

Deadlines are cited by section to the Colorado General Assembly’s published 2024 revised statutes. This page is general information, not legal advice, and does not create an attorney-client relationship.

Past results do not guarantee future outcomes. Every case is decided on its own facts.