Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
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Quick Answer
What Can a Denver Child Injury Attorney Do for My Family?
If your child was hurt in Denver because someone acted carelessly, a child injury attorney can investigate what happened, find every responsible party, save important evidence, and deal with insurance companies for you. Your attorney can seek money for medical bills, future care, pain and suffering, emotional harm, and the effect the injury may have on your child's future. colorado law gives children special rules, so an experienced lawyer can also make sure the deadline, court approval process, and other rules work for your family. Frenkel & Frenkel offers a free consultation with no obligation and no upfront cost.
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Yes. Children cannot file lawsuits on their own, so Colorado law lets a parent or legal guardian bring the claim as the child’s next friend. This means you can help investigate the case, speak with insurance companies, and file a lawsuit in your child’s name. You may also have your own claims for medical bills you paid, wages you lost while caring for your child, and the emotional pain you suffered while watching your child go through this. A Colorado child injury attorney can explain both types of claims and help make sure nothing is missed.
As a parent, you are not just watching from the side. You can make decisions for your child, get updates from your lawyer, join settlement talks, and speak up for your child’s future needs. You may also have your own right to recover money for what this has cost you, both financially and emotionally.
Colorado courts take parental harm seriously. A parent who sees their child hurt and then watches the recovery can sometimes recover damages for mental anguish. These claims are separate from your child’s claims and are handled alongside them.
Colorado also recognizes the attractive nuisance doctrine, which holds property owners responsible when a hazardous condition on their land attracts children who are too young to appreciate the danger. Common examples include swimming pools, trampolines, construction equipment, and heavy machinery. Colorado courts have confirmed that the attractive nuisance doctrine was not eliminated by the state’s Premises Liability Act, so property owners remain responsible even when a child was trespassing.
Colorado evaluates attractive nuisance claims using a 5-factor test: (1) whether trespassing by children was foreseeable, (2) whether the condition posed an unreasonable risk of harm, (3) whether the child lacked the capacity to recognize the danger, (4) whether the cost of fixing the hazard was slight compared to the risk, and (5) whether the owner failed to exercise reasonable care. Children under 7 are generally presumed incapable of negligence; those between 7 and 14 are evaluated based on their individual maturity.
Colorado uses modified comparative fault. That means a child may still recover money even if they share some blame, as long as their fault is not more than 50 percent. Any recovery is reduced by the child’s share of fault. In real cases, Colorado courts and juries usually give very young children little or no fault, especially if they are too young to understand the risk. The younger the child, the less likely it is that a jury will blame them.
A Colorado child injury claim can seek two main types of damages. Economic damages are the financial losses you can count, such as past and future medical bills, long-term care, special education and therapy, adaptive equipment like wheelchairs or prosthetics, and lost future earning ability. Non-economic damages cover harm that is real but harder to price, such as pain, emotional suffering, disfigurement, physical limits, and loss of enjoyment of life. In serious cases, a certified life care planner may help map out the child’s lifetime medical needs. Because a child has many years ahead, future damages can be large in a severe injury case.
Quick Answer
What evidence can be lost if I wait to hire a child injury attorney?
Waiting even a few weeks after your child is injured can cost you critical evidence:
Colorado gives injured children until their 20th birthday to file — but the evidence window is much shorter. Contact us today.
Don't Wait — Call (720) 807-3985
Colorado law also provides important protections for injured minors. Under C.R.S. § 13-81-103, the statute of limitations is paused while a child is under 18. Once the child turns 18, the applicable limitations period begins to run. For most personal injury cases, that means two years after the 18th birthday — giving the injured person until age 20 to file. For motor vehicle accidents, the limitations period is three years, meaning a minor injured in a car accident may have until age 21 to file a claim.
There is an important exception: if a court has appointed a guardian or conservator for the child, tolling may not apply, and standard deadlines could run from the date of injury rather than from the child’s 18th birthday. This makes early legal consultation especially important in any case involving a child with a court-appointed guardian.
Note that claims against public schools or government entities are also subject to the CGIA’s 182-day notice requirement — a separate and much shorter deadline that cannot be extended by minority tolling.
Our attorneys have spent decades fighting for children hurt by negligence and their families. We have the knowledge and resources to take on even the most complex child injury cases involving schools, daycares, municipalities, and major corporations.
Our founding attorneys used to defend insurance companies. Now, they use that inside knowledge to fight for injured people like you. We know the tactics companies use, and we know how to counter them.
We have recovered over $1 Billion in settlements and verdicts for our clients. For 16 straight years, our attorneys have been named among the Best Lawyers in Denver.
Settlement - Catastrophic Injury Case
Verdict - Commercial Vehicle Collision
Settlement - Trucking Accident Case
Settlement - Serious Motor Vehicle Wreck
Denver records more than 50,000 motor vehicle accidents each year, ranking second in Colorado for total collisions. Children walking to school and playing near busy roads are among the most at risk.
Colorado reports an injury-related child death rate of 19.3 per 100,000 children ages 1 through 19, which is a little higher than the national average of 18.7, according to public health data.
Frenkel & Frenkel helps Denver families in many kinds of child injury cases, including but not limited to:
Playground accident claims against schools, cities, and property owners
Daycare and childcare negligence, including poor supervision and unsafe environments
School injury claims, including the limited exceptions to governmental immunity that apply to public school districts
Dog bite and animal attack cases
Pool and drowning claims against homeowners, apartment complexes, hotels, and public facilities
Claims involving defective toys, car seats, strollers, cribs, high chairs, playground equipment, and other products designed for or used by children that have design defects, manufacturing flaws, or inadequate safety warnings.
Car accident claims where a child was a passenger, pedestrian, or bicyclist
Premises fault claims involving attractive nuisances and unsafe property conditions
Sports and recreation injuries caused by careless coaching, bad equipment, or unsafe facilities
Burn injuries caused by unsafe conditions at a business, daycare, school, or private property
Traumatic brain injury and spinal cord injury cases that need long-term life care planning
Cases involving child abuse or assault where a third party's negligence helped the harm happen
Colorado usually gives personal injury cases two years from the date of injury. For children, that clock is paused under Colorado Civil Practice and Remedies Code Section 16.001. The child's own claims, such as pain and suffering and future medical costs, usually can be filed until two years after the child turns 18. That gives the child until age 20. But a parent's separate claims, including medical expenses already paid and loss of the child's services, are still subject to the normal two-year deadline. That is why it helps to call a lawyer quickly, even when the child's deadline seems far away.
In most cases, yes. Because minors cannot legally make binding agreements, Colorado requires court review and approval for settlements involving children. A judge appoints a guardian ad litem, who reviews the deal to make sure it is fair and in the child's best interest. The judge also reviews attorney's fees and the settlement terms before making it final. Many families find this reassuring. For claims of $25,000 or less, Colorado law allows a simpler process that may not need a full hearing.
Many daycare centers ask parents to sign liability waivers when they enroll a child. In Colorado, these waivers usually do not protect a daycare from gross negligence, reckless conduct, or violations of mandatory safety rules. If a daycare failed to keep the required caregiver-to-child ratios, left your child alone, or allowed access to dangerous materials, a waiver is unlikely to block your claim. A lawyer can review any waiver you signed and explain your rights under Colorado law.
Public school districts in Colorado usually have governmental immunity, which limits when they can be sued. The most common exception is the motor vehicle exception, which covers harm caused by a school bus or other school vehicle. There are also narrow exceptions for premises defects and, as of September 2025, gross negligence tied to employee sexual misconduct. Private schools do not have governmental immunity and can be sued under normal negligence rules. When governmental immunity applies, strict notice rules and damage caps make these cases time-sensitive. A lawyer can review the facts and see whether a claim exists against the district, an employee, or a third-party contractor.
Colorado courts use several tools to protect settlement money until the child becomes an adult. Smaller amounts may go into the county court registry until the child turns 18. Larger settlements are often placed in a Section 142 trust run by a bank trust department. The trust can pay for the child's health, education, and welfare with court approval. Structured settlement annuities are another option. They provide guaranteed tax-free payments over time on a schedule that matches the child's future needs. Your lawyer can help you choose the best option for your family.
Frenkel & Frenkel handles child injury cases on a contingency fee basis. That means there is no upfront cost and no attorney's fee unless we recover money for your family. Your first consultation is free. We believe every family should have access to skilled legal help when a child is hurt through no fault of their own.
It depends on the facts, but in many cases it is not too late. Because Colorado pauses the deadline for minor children, your child's claim may still be open. Still, the sooner you call a lawyer, the better. Evidence can disappear. Video may be deleted in days. Witnesses may forget details. The scene may be repaired. Calling now, even months later, gives you the best chance to save what evidence still exists and build a strong case.
