Colorado · Fire loss claim: what can I do?
Fire loss claim: what can I do?
See If You Qualify
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| Filing deadline | 2–3 years depending on claim typeColo. Rev. Stat. §§ 13-80-102, 13-80-101(1)(a) |
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Deadlines vary with the facts of each case. A lawyer can confirm yours.
Updated
01 · Your filing deadline
What is the deadline in Colorado?
Colorado: 2 years for personal injury, 3 years for property damage (Colo. Rev. Stat. §§ 13-80-102, 13-80-101(1)(a)). Discovery rule applies for latent injuries. Government immunity may apply to claims against public utilities depending on the entity's classification. A lawyer can confirm yours.
Source: Colo. Rev. Stat. §§ 13-80-102, 13-80-101(1)(a)
Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.
02 · Where cases are heard
Where would my case be heard?
Colorado's wildfire litigation landscape was transformed by the 2021 Marshall Fire, the most destructive wildfire in state history, which destroyed 1,084 homes in Boulder County. Lawsuits against Xcel Energy alleging failure to de-energize power lines during extreme wind conditions have established Colorado as a major wildfire liability jurisdiction. Colorado does not have an inverse condemnation doctrine equivalent to California's, so claims proceed under negligence theories.
Marshall Fire litigation is concentrated in Boulder County District Court and the U.S. District Court for the District of Colorado (Denver). Class action and individual claims against Xcel Energy have been filed in both venues. Colorado follows a modified comparative fault system (Colo. Rev. Stat. § 13-21-111) where plaintiff recovery is reduced by their percentage of fault and barred if the plaintiff is 50% or more at fault. Colorado does not cap compensatory damages in negligence cases but does limit punitive damages to the amount of actual damages awarded unless the court finds the defendant's conduct was especially egregious. Boulder County's experienced bench and plaintiff-favorable demographics make it a strong venue for wildfire claims.
How this works nationally
For the overall process and updates, read the Fire loss claim: what can I do? overview. This page covers the local information available for Colorado.
What happens when I check?
You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.
Live in Colorado? Read what applies in your state.
Register your interest. If a participating law firm takes these cases, it may contact you.
Register your interestSources
- Colo. Rev. Stat. §§ 13-80-102, 13-80-101(1)(a)