PERSONAL INJURY DEMAND LETTER — STATE OF COLORADO

PRIVILEGED AND CONFIDENTIAL
FOR SETTLEMENT PURPOSES ONLY — PURSUANT TO C.R.E. 408

ATTORNEY / FIRM INFORMATION

CLAIM INFORMATION

RE: Personal Injury Claim of [________________________________] v. [________________________________]
Claim No.: [________________________________]
Date of Loss: [__/__/____]

Dear [________________________________]:

1. INTRODUCTION AND PURPOSE

This firm represents [________________________________] ("Claimant") in connection with personal injuries sustained on [__/__/____] as a direct and proximate result of the negligence of your insured, [________________________________] ("Insured" or "Tortfeasor"). This letter constitutes a formal demand for settlement of all claims arising from the above-referenced incident.

This demand is made pursuant to Colorado Rule of Evidence 408 and is intended solely for settlement negotiation purposes. Nothing herein shall constitute an admission or waiver of any rights or claims. Claimant expressly reserves all rights to pursue litigation, including but not limited to claims for compensatory damages, exemplary (punitive) damages under C.R.S. § 13-21-102, prejudgment interest at 9% under C.R.S. § 13-21-101, costs, and any other relief available under Colorado law.

We have conducted a thorough investigation into this matter and have concluded that your insured bears primary liability for the incident described herein. Under Colorado's modified comparative negligence system (C.R.S. § 13-21-111), our client is entitled to full recovery, reduced only by any percentage of fault attributable to the Claimant, provided the Claimant's negligence is less than that of the defendant.

Please direct all communications regarding this claim to this office. Do not contact our client directly.

2. COLORADO STATUTORY FRAMEWORK

The following Colorado statutes govern this personal injury claim:

2.1 Negligence and Comparative Fault

• C.R.S. § 13-21-111 — Modified Comparative Negligence (50% Bar): Contributory negligence shall not bar recovery if such negligence was not as great as the negligence of the person against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the injured person. If the plaintiff is 50% or more at fault, recovery is barred entirely.

2.2 Statute of Limitations

• C.R.S. § 13-80-102 — General personal injury: 2 years from date of injury
• C.R.S. § 13-80-101 — Motor vehicle accidents: 3 years from date of accident
• The date of loss in this matter is [__/__/____], making the applicable filing deadline [__/__/____].

2.3 Damages Caps

• C.R.S. § 13-21-102.5 — Non-Economic Damages Cap (effective January 1, 2025):
• General tort cases: $1,500,000
• May be exceeded upon showing of clear and convincing evidence justifying a higher award based on the severity of the physical impairment
• Adjusted biennially for inflation beginning January 1, 2028
• C.R.S. § 13-21-102 — Exemplary (Punitive) Damages:
• General cap: Amount equal to compensatory damages
• Enhanced cap (willful and wanton conduct): Up to 3× compensatory damages

2.4 Prejudgment Interest

• C.R.S. § 13-21-101 — Interest on damages at 9% per annum from the date the action accrued. In personal injury cases, interest accrues from the date of injury. In wrongful death, from the date of death. Prejudgment interest does not apply to exemplary damages.

2.5 Pro Rata Liability

• C.R.S. § 13-21-111.5 — Colorado has abolished joint and several liability and adopted pro rata liability. Each defendant is liable only for the percentage of negligence or fault ascribed to that defendant by the trier of fact.

3. FACTUAL BACKGROUND

3.1 The Incident

On [__/__/____], at approximately [____] [a.m./p.m.], the Claimant was [________________________________] at or near [________________________________] (the "Incident Location") in [________________________________], Colorado.

At that time and place, your insured, [________________________________], negligently [________________________________].

As a direct and proximate result of your insured's negligence, the Claimant sustained serious and significant personal injuries as described in detail below.

3.2 Scene and Conditions

3.3 Law Enforcement Response

3.4 Witness Information

3.5 Narrative Summary

[________________________________]

[________________________________]

[________________________________]

4. LIABILITY ANALYSIS

4.1 Duty of Care

Your insured owed the Claimant a duty of reasonable care as established under Colorado common law and applicable statutes. Specifically, your insured had a duty to [________________________________].

4.2 Breach of Duty

Your insured breached this duty of care by:

☐ Operating a motor vehicle in a negligent manner
☐ Failing to maintain a proper lookout
☐ Failing to yield the right-of-way (C.R.S. § 42-4-703)
☐ Following too closely in violation of C.R.S. § 42-4-1008
☐ Exceeding the posted speed limit in violation of C.R.S. § 42-4-1101
☐ Careless driving (C.R.S. § 42-4-1402)
☐ Reckless driving (C.R.S. § 42-4-1401)
☐ Operating while under the influence (C.R.S. § 42-4-1301)
☐ Distracted driving / texting while driving (C.R.S. § 42-4-239)
☐ Running a red light or stop sign
☐ Failing to maintain premises in a safe condition
☐ [________________________________]
☐ [________________________________]

4.3 Causation

The Claimant's injuries were the direct and proximate result of your insured's breach of duty. But for your insured's negligent conduct, the Claimant would not have sustained the injuries described herein.

4.4 Comparative Fault Analysis (C.R.S. § 13-21-111)

Under Colorado's modified comparative negligence system, the Claimant is barred from recovery only if the Claimant's negligence is as great as or greater than the defendant's negligence (50% or more).

Our position is that your insured bears [____]% fault for this incident. The Claimant's fault is well below the 50% bar, entitling the Claimant to full recovery minus any nominal comparative fault reduction.

5. INJURIES AND MEDICAL TREATMENT

5.1 Summary of Injuries

As a direct and proximate result of the incident, the Claimant sustained the following injuries:

Primary Diagnoses:
☐ Traumatic brain injury (TBI) / Concussion
☐ Cervical spine injury (herniation, bulge, fracture)
☐ Thoracic spine injury
☐ Lumbar spine injury (herniation, bulge, fracture)
☐ Shoulder injury (rotator cuff tear, labral tear, dislocation)
☐ Knee injury (ACL, MCL, meniscus tear)
☐ Hip injury / fracture
☐ Rib fractures
☐ Wrist / hand fractures
☐ Ankle / foot fractures
☐ Facial lacerations / scarring
☐ Internal organ damage
☐ Soft tissue injuries (sprains, strains, contusions)
☐ Post-traumatic stress disorder (PTSD)
☐ Depression / anxiety
☐ [________________________________]
☐ [________________________________]

ICD-10 Codes:
| Code | Description |
|---|---|
| [________] | [________________________________] |
| [________] | [________________________________] |
| [________] | [________________________________] |
| [________] | [________________________________] |

5.2 Chronological Treatment History

Emergency / Acute Care

Primary Care / Follow-Up

Specialist Care

Physical Therapy / Rehabilitation

Surgical Procedures

Diagnostic Imaging

Mental Health Treatment

Prescription Medications

5.3 Current Condition and Prognosis

[________________________________]

[________________________________]

Treating physician's prognosis:
☐ Full recovery expected
☐ Permanent partial impairment — rated at [____]% whole person impairment
☐ Permanent total impairment
☐ Ongoing treatment required (estimated duration: [________________________________])
☐ Future surgery likely or recommended
☐ Maximum medical improvement (MMI) reached on [__/__/____]
☐ MMI not yet reached

5.4 Impact on Daily Living

[________________________________]

6. DAMAGES CALCULATION

6.1 Summary of Economic Damages

A. Past Medical Expenses

B. Future Medical Expenses

C. Past Lost Wages / Income

D. Future Lost Earning Capacity

E. Property Damage

F. Out-of-Pocket Expenses

6.2 Total Economic Damages

6.3 Non-Economic Damages

The Claimant seeks compensation for the following categories of non-economic loss:

☐ Physical pain and suffering (past and ongoing)
☐ Mental and emotional distress
☐ Loss of enjoyment of life
☐ Loss of consortium (spouse: [________________________________])
☐ Disfigurement and scarring
☐ Inconvenience
☐ Impairment of quality of life
☐ [________________________________]

Non-Economic Damages Claimed: $[________]

COLORADO STATUTORY CAP ANALYSIS (C.R.S. § 13-21-102.5):

For civil actions filed on or after January 1, 2025 and before January 1, 2026, the non-economic damages cap is $1,500,000.

☐ Standard cap applies: Non-economic damages limited to $1,500,000
☐ Enhanced award justified: Clear and convincing evidence supports an award exceeding the cap based on the severity of physical impairment
☐ Wrongful death cap applies (C.R.S. § 13-21-203): $2,125,000 for 2025

6.4 Total Compensatory Damages

7. INSURANCE COVERAGE ANALYSIS

7.1 Tortfeasor's Liability Coverage

7.2 Claimant's Coverage

COLORADO INSURANCE NOTE: Colorado requires minimum auto liability coverage of $25,000/$50,000/$15,000 (C.R.S. § 10-4-609). Colorado is a traditional tort state — voters rejected a no-fault PIP system in 2003. UM/UIM coverage must be offered but may be rejected in writing by the insured.

7.3 Coverage Adequacy Assessment

☐ Claimant's damages are within tortfeasor's policy limits
☐ Claimant's damages exceed tortfeasor's policy limits — excess exposure
☐ UM/UIM claim may be necessary
☐ Umbrella/excess policy may be implicated

8. PREJUDGMENT INTEREST (C.R.S. § 13-21-101)

Pursuant to C.R.S. § 13-21-101, the Claimant is entitled to prejudgment interest at the rate of 9% per annum on compensatory damages.

In personal injury cases, prejudgment interest accrues from the date the action accrued — i.e., the date of injury.

Date of injury / interest accrual: [__/__/____]
Applicable rate: 9% per annum
Estimated prejudgment interest through date of demand: $[________]

IMPORTANT: Colorado's 9% prejudgment interest rate is among the highest in the nation. Continued delay in settling this claim substantially increases the total liability exposure. Prejudgment interest does not apply to exemplary damages.

9. EXEMPLARY (PUNITIVE) DAMAGES (C.R.S. § 13-21-102)

☐ Exemplary damages are applicable to this claim.

Under Colorado law, exemplary damages must be specifically pled and are available where the injury complained of is attended by circumstances of fraud, malice, or willful and wanton conduct.

The conduct of your insured warrants exemplary damages because:

☐ Willful and wanton conduct
☐ Fraud
☐ Malice
☐ Driving under the influence (C.R.S. § 42-4-1301)
☐ [________________________________]

Caps on exemplary damages:
- General: Amount equal to compensatory damages awarded
- Enhanced (willful and wanton): Up to 3× compensatory damages if court finds conduct was willful and wanton

Exemplary damages claimed: $[________]

NOTE: Exemplary damages in Colorado are not covered by liability insurance. Your insured faces personal liability for any exemplary damages awarded.

☐ Exemplary damages are NOT sought at this time. Claimant reserves the right to plead exemplary damages in litigation.

10. SETTLEMENT DEMAND

10.1 Demand Amount

Based on the foregoing analysis, the Claimant hereby demands the total sum of:

$[________]

to fully and finally resolve all claims arising from the incident of [__/__/____].

10.2 Response Deadline

This demand shall remain open for thirty (30) calendar days from the date of this letter, expiring on [__/__/____].

10.3 Consequences of Non-Response

1. Filing of a civil complaint in the District Court of [________________________________] County, Colorado
2. Pursuit of all available damages, including compensatory, exemplary, prejudgment interest at 9%, costs, and attorney's fees
3. Continued accrual of prejudgment interest at 9% per annum under C.R.S. § 13-21-101
4. Potential bad faith claim — Colorado recognizes first-party and third-party bad faith claims against insurers

11. RESERVATION OF RIGHTS

The Claimant expressly reserves the following rights:

☐ To amend or supplement this demand based on additional information
☐ To file suit at any time prior to expiration of the statute of limitations
☐ To seek exemplary damages under C.R.S. § 13-21-102
☐ To seek prejudgment interest at 9% under C.R.S. § 13-21-101
☐ To pursue claims against additional parties
☐ To seek costs and attorney's fees as permitted by law
☐ To file a UM/UIM claim against Claimant's own insurer
☐ All other rights and remedies available under Colorado law

12. ENCLOSED DOCUMENTS AND EXHIBITS INDEX

Medical Records and Bills

☐ Emergency room records and bills — [________________________________]
☐ Hospital admission/discharge records — [________________________________]
☐ Primary care physician records — [________________________________]
☐ Specialist consultation records — [________________________________]
☐ Physical therapy / rehabilitation records — [________________________________]
☐ Surgical records and operative reports — [________________________________]
☐ Diagnostic imaging reports — [________________________________]
☐ Mental health treatment records — [________________________________]
☐ Pharmacy / prescription records — [________________________________]
☐ Life care plan — [________________________________]

Liability Documentation

☐ Police / incident report — Report No. [________________________________]
☐ Photographs of accident scene
☐ Photographs of vehicle / property damage
☐ Photographs of injuries
☐ Witness statements
☐ Surveillance / dashcam footage
☐ Expert accident reconstruction report

Financial Documentation

☐ Employer verification of lost wages
☐ Tax returns (prior [____] years)
☐ Vocational assessment / economic loss report
☐ Property damage estimate / repair invoice
☐ Out-of-pocket expense receipts

Insurance Documentation

☐ Declaration page — Tortfeasor's policy
☐ Declaration page — Claimant's policy

13. SIGNATURE AND CERTIFICATION

Respectfully submitted,

______________________________________
[Attorney Name]
[Firm Name]
Colorado Bar No. [________________________________]
[Street Address]
[City], Colorado [ZIP]
Telephone: [________________________________]
Email: [________________________________]

Date: [__/__/____]

14. SOURCES AND REFERENCES

Colorado Statutes

• C.R.S. § 13-21-101 — Interest on Damages (9% per annum)
• C.R.S. § 13-21-102 — Exemplary (Punitive) Damages
• C.R.S. § 13-21-102.5 — Non-Economic Damages Cap ($1,500,000 for 2025)
• C.R.S. § 13-21-111 — Modified Comparative Negligence (50% Bar)
• C.R.S. § 13-21-111.5 — Pro Rata Liability (Joint and Several Abolished)
• C.R.S. § 13-21-201 et seq. — Wrongful Death
• C.R.S. § 13-21-203 — Wrongful Death Non-Economic Damages Cap ($2,125,000 for 2025)
• C.R.S. § 13-80-101 — Motor Vehicle Accident SOL (3 years)
• C.R.S. § 13-80-102 — General Personal Injury SOL (2 years)
• C.R.S. § 10-4-609 — Mandatory Auto Liability Insurance (25/50/15)

Key Colorado Case Law

• Presser v. Siebert, 150 P.3d 868 (Colo. App. 2006) — Comparative negligence application
• Lira v. Davis, 832 P.2d 240 (Colo. 1992) — Exemplary damages standard
• Dale v. Whitfill, 2013 COA 4 — Prejudgment interest calculation

Recent Legislative Changes

• HB24-1472 — Significant increases to damage caps effective January 1, 2025 (non-economic damages raised from ~$642,100 to $1,500,000)

Regulatory Resources

• Colorado Division of Insurance — https://doi.colorado.gov/
• Colorado Judicial Branch — https://www.courts.state.co.us/

This template is designed for use by licensed Colorado attorneys. It must be customized for each individual case. All statutory citations should be verified against current law before use. This document does not constitute legal advice.