How long a pedestrian accident lawsuit takes in Colorado depends on several factors, including your injuries, whether liability is contested, and whether the case settles or goes to trial. A dispute can linger for months over a single piece of evidence.
Attorneys may argue about whether a document can be admitted, what information the opposing side must disclose, or whether the parties should settle before the issue reaches a courtroom.
Heuser & Heuser, LLP, has represented injured people across Colorado Springs and Pueblo. Our Colorado Springs pedestrian accident lawyers have helped our clients recover hundreds of millions of dollars in settlements and awards. Call today for a free consultation.
What Are the Main Stages of a Pedestrian Accident Lawsuit?
A pedestrian accident lawsuit starts with an investigation. Your attorney will gather the police report, medical records, witness statements, and other evidence. Then they will send a demand letter to the liable driver’s insurance company.
If the insurer denies the claim or won’t offer fair value, the next stage is usually filing a formal lawsuit in district court, such as the El Paso County Combined Courts in Colorado Springs or the Pueblo County Judicial Building. Discovery and depositions follow.
The final stage is resolution, either through a negotiated settlement or a trial verdict. A case that proceeds to trial adds several months, sometimes close to a year, beyond the discovery period. Heuser & Heuser, LLP, handles each stage directly.
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What Factors Can Make a Pedestrian Accident Lawsuit Take Longer?
Every case is unique and has variables that will influence the specific timeline. Examples include:
Ongoing Medical Treatment
Your attorney may want to wait until you reach maximum medical improvement before valuing your claim, since settling too early can mean undervaluing future treatment costs.
Disputed Liability
Colorado follows a modified comparative fault rule, which bars recovery if you are found 50 percent or more at fault. Insurers often contest fault to reduce or deny a claim. Heuser & Heuser, LLP, will work to identify who is at fault for your pedestrian accident in Colorado and limit your share of liability as much as possible.
Court Schedules
A case that names more than one driver, property owner, or government entity requires coordinating depositions and discovery among all parties involved.
Heuser & Heuser, LLP, will gather medical records and crash evidence as soon as possible, so disputes over fault don’t add unnecessary time to your case.
Does Settling Out of Court Take Less Time Than Going to Trial?
Most pedestrian accident lawsuits in Colorado settle before trial, and this is almost always a quicker outcome. A case that settles can often resolve once treatment is complete and a demand has been negotiated with the insurer.
A case goes to trial when the insurance company disagrees about responsibility or offers less money than the claim is worth. Going to trial can lead to scheduling delays and additional investigations, which can extend the timeline. However, settling quickly may not always be the best choice.
Accepting an offer before your medical treatment is finished can mean paying for future care out of pocket. Heuser & Heuser, LLP, won’t recommend an early settlement until our attorneys understand the full extent of your medical treatment and future needs.
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What Compensation Can I Recover From a Pedestrian Accident Lawsuit?
A pedestrian accident lawsuit can recover economic and non-economic damages tied directly to the accident. Heuser & Heuser, LLP, will document every category of loss tied to your pedestrian accident lawsuit, from your first medical bill to the income you’ll lose while you recover.
- We will pursue medical expenses covering your emergency care, surgery, and ongoing rehabilitation.
- Our team will seek lost wages to replace the income you miss while you recover.
- We can also seek compensation for the pain and suffering caused by your physical and emotional harm.
- Our attorneys will pursue wrongful death damages if the accident caused a death.
Colorado allows exemplary damages when fraud, malice, or willful and wanton conduct caused the injury. These damages aren’t claimed in the original complaint; a court must find evidence first. Heuser & Heuser, LLP pursues exemplary damages when the facts of a case support them.
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How Long Do I Have to File a Pedestrian Accident Lawsuit in Colorado?
Colorado law gives you three years from the date of the accident to file a pedestrian accident lawsuit when a motor vehicle caused your injuries. Claims not involving a vehicle fall under a two–year deadline.
If a government entity contributed to the accident, the Colorado Governmental Immunity Act generally requires written notice within 182 days of the incident, well before the lawsuit deadline arrives.
Missing your deadline bars you from recovering compensation, no matter how strong your evidence is or how severe your injuries are. Heuser & Heuser, LLP, will track every deadline that applies to your claim to keep your case moving.
Talk to Our Team if You’ve Been Hurt in a Pedestrian Accident
How long a pedestrian accident lawsuit in Colorado takes varies greatly, and no two cases are identical. Factors such as the length of your treatment, whether the at-fault driver’s insurer disputes liability, and whether the case settles or goes to trial play a role in determining the timeline.
Heuser & Heuser, LLP, represents pedestrian accident victims throughout Southern Colorado on a no-fee-unless-you-win basis, meaning you owe us nothing unless we recover compensation for you. Contact us today to schedule your free consultation and get started on your pedestrian accident claim.
Reviewed by Brennan Heuser | October 2026
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