Colorado Springs Whiplash Lawyer
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).
- 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.
What is a fair settlement for whiplash?
There is no going rate, and the ranges circulated online are marketing.
Whiplash covers everything from a stiff neck for a fortnight to a permanently damaged cervical spine, and what separates them is the medical record: how soon treatment started, whether it was continuous, and what imaging and examination showed. Treatment cost and lost earnings are economic and uncapped. Pain falls under the $1,500,000 noneconomic cap for claims accruing on or after 1 January 2025 (C.R.S. 13-21-102.5(3)(a)(II)); a lasting restriction is physical impairment, and C.R.S. 13-21-102.5(5) says the cap does not limit damages for physical impairment or disfigurement.
Why do insurers fight whiplash claims so hard?
Because the injury does not appear on an X-ray and the car often looks undamaged.
The standard arguments are that low vehicle damage means low injury, that a gap between the crash and the first appointment means the pain came from elsewhere, and that a previous neck complaint explains it. Symptoms genuinely take 24 to 72 hours to appear — which is exactly why being seen the same day, and continuing treatment rather than stopping and restarting, matters so much.
Suffering Whiplash After an Accident in Colorado Springs? Get Legal Help Now
It is estimated that as many as 3 million people in the United States suffer from whiplash each year. Whiplash can damage the neck muscles and ligaments, as well as the discs in the spine. It can cause significant pain and discomfort, and sometimes, it can lead to long-term problems. Therefore, if you have been in an accident or have experienced any trauma to the neck, it is essential to see a doctor to check for a whiplash.
The Colorado Springs personal inury attorneys at The Bussey Law Firm, P.C. are committed to assisting our clients in getting the compensation they need to put their lives back together following whiplash or another serious injury. Call (719) 475-2555 to receive a no-cost consultation.
What Damage Can a Whiplash Injury Cause?
Whiplash is a neck injury that can occur when the head is suddenly and forcefully jerked forward or backward. The most common cause of whiplash is car accidents, which can also happen during falls, sports injuries, or trauma. Whiplash can cause various symptoms, including neck pain and stiffness, headaches, dizziness, and even arm or leg pain. In severe cases, it can lead to nerve damage, paralysis, and even death. While most people recover from whiplash within a few weeks, some experience long-term effects. If you have been in a car accident or any other type of accident that has caused you to experience neck pain or any other symptom of whiplash, it is vital to see a doctor immediately.
How Can a Whiplash Injury Be Diagnosed?
A medical professional can diagnose a whiplash injury through a physical examination and a review of the person's symptoms. For example, the medical professional will look for neck pain, tenderness, and decreased range of motion in the neck. They will also ask the person about their symptoms, such as whether they experienced a sudden jolt or jerk to the head and whether they are experiencing headaches, dizziness, or numbness in the arms or legs. Imaging tests, such as X-rays, CT scans, or MRIs, may also be ordered to rule out other potential causes of the person's symptoms.
Treatment for Whiplash
Most people with whiplash recover within a few weeks with conservative treatment, such as ice, heat, pain medication, and physical therapy. However, some people may experience persistent pain and disability. In severe cases, surgery may be necessary to repair damaged ligaments or vertebrae. A successful personal injury lawsuit can recover financial compensation to help cover the costs of these and all medical costs associated with your injury.
Car Crash Liability
If the accident that caused your injury happened due to a driver rear-ending you, that driver would likely be liable for your injuries. However, if both you and the other driver were at fault to a degree, then liability may be apportioned based on each of your respective degrees of negligence. In some cases, liability may also be imposed on a third party, a car manufacturer, if a defective part contributed to the accident.
Contact a Colorado Springs Whiplash Injury Lawyer After an Accident
You should contact Colorado Springs lawyer Timothy R. Bussey immediately if you've sustained a whiplash injury. Whiplash can be severe, and you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. The Bussey Law Firm, P.C. will be able to evaluate your case and help you get the compensation you deserve. Call (719) 475-2555 today for a free consultation.
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.
| 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
- Colorado Revised Statutes, Title 13 (Colorado General Assembly)
- El Paso County Combined Courts — Colorado Judicial Branch
- The Bussey Law Firm, P.C. — Google Business Profile
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.
Our Colorado Springs Office
The Bussey Law Firm, P.C.
12 E. Boulder Street
Colorado Springs, CO 80903
(719) 475-2555
Monday to Friday, 8:00 a.m. to 10:00 p.m.
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