Looking to file a personal injury lawsuit in Pueblo, Colorado?
Read on for an overview of the Pueblo court system—how the courts are structured, where to file various types of civil matters, and a step-by-step guide to filing a personal injury lawsuit in the Pueblo area.
Pueblo Municipal Court
The Pueblo city municipal court handles ordinance violations, municipal traffic offenses, and other city-level matters (not state civil personal injury matters). The Pueblo city municipal court is located at 200 S. Main St., Pueblo, CO 81003.
Pueblo County Court
County courts typically handle civil cases worth less than $25,000. This includes misdemeanors, traffic infractions, small claims, and similar. Pueblo County civil court matters (not small claims) are handled at the Dennis Maes Judicial Building at 501 N. Elizabeth St., Pueblo, CO 81003. If the claim is worth more than $25,000, you must go to District Court.
Pueblo small claims division
Small claims court is intended to be a streamlined, simpler method for handling disputes of lower amounts. Most parties represent themselves (i.e do not use lawyers) and present evidence to a judge who makes the final determination on damages.
Colorado allows small claims cases up to $7,500 (which does not include interest and court costs) in the small claims division.
Pueblo District Court
For a civil case of any amount, and more complex matters, the 10th Judicial District Court is the court of general jurisdiction. District Courts hear civil cases with no maximum amount, as well as domestic relations, criminal, juvenile, probate, and mental health cases.
If you’re filing a personal injury lawsuit seeking damages above the County Court jurisdiction, or if you anticipate complex issues, you would typically file in District Court.
Federal Court
Most personal injury cases are handled in state court. However, the U.S. District Court for the District of Colorado hears civil cases that meet certain conditions. If a case involves federal law, or has diversity jurisdiction that involves potential damages of more than $75,000, it would go to district court. Otherwise, it would be in state court (County or District), rather than federal.
Where to file a personal injury lawsuit in Pueblo, CO
| Court | Typical use | Pueblo location |
|---|---|---|
| Municipal Court | City ordinance/traffic matters | 200 S. Main St., Pueblo (Pueblo Municipal Court) |
| Small Claims (County) | Money claims ≤ $7,500 | Dennis Maes Judicial Building, 501 N. Elizabeth St. |
| County Court | Civil matters up to ~$25,000 | Dennis Maes Judicial Building, 501 N. Elizabeth St. |
| District Court | General jurisdiction, civil unlimited | Dennis Maes Judicial Building, 501 N. Elizabeth St. |
| Federal Court | Federal claims or diversity > $75,000 | U.S. District Court (Denver panel includes Pueblo) |
10 Steps for filing a personal injury lawsuit in Pueblo
This is a general guideline for filing a personal injury lawsuit in Pueblo County. Your specific case could be a little different or require additional steps, but this framework can guide the process.
Step one: Evaluate your claim
Consider the facts, like how you were injured, who is responsible, what damages (costs) you’re likely to incur, and so on. You can begin to gather documents like incident reports, medical records, witness statements, photos of your injuries or the scene, and insurance information.
Step two: Consider legal representation
A personal injury lawsuit can involve complex issues in insurance law, medical causation, and complex damages. Your chances of a positive outcome are increased if you hire a Pueblo personal injury lawyer.
Step three: Identify the correct court and venue
Your lawyer will work with you to determine the appropriate court for your claim. If the claim is above County Court limits, you’ll likely file in Pueblo District Court of the 10th Judicial District. Jurisdiction depends on where the injury occurred or where the defendant resides.
Step four: Prepare and file the complaint (or “petition”)
Draft a complaint that names you as plaintiff, lists the defendant(s), states the nature of your injury/negligence claim, the damages sought, and why the court has jurisdiction and venue.
File the complaint with the Clerk of the appropriate court. Your lawyer will assist with this process. You will need to pay the filing fee, which varies depending on the court and the amount of the claim.
Step five: Serve the defendant
To initiate a lawsuit, the plaintiff must serve the defendant with the complaint and a summons, which is the official notice of the lawsuit. Your lawyer will hire a process server for this purpose. Service must comply with Colorado rules of civil procedure (e.g., personal service by sheriff or process server) and proof of service must be filed with the court.
Step six: Await the defendant’s response
The defendant has a certain period to file an answer or otherwise respond. If they fail to respond, you may file a motion for a default judgment.
Step seven: Engage in discovery and pre-trial procedures
Each party shares information through interrogatories, document requests, depositions, and admissions. If possible, participate in alternative dispute resolution such as mediation. Sometimes this is required, in other cases it can still be beneficial.
Step eight: Trial (or settlement)
If the parties aren’t able to come to a mutually agreed-upon settlement, the case must go to trial before a judge or jury. Your lawyer will present evidence, call witnesses, and so on. Following the trial, the court will enter a judgment.
Step nine: Post-judgment and collection
If you’re awarded damages, you must collect the judgment. The court does not automatically do this on your behalf, but your lawyer can assist. Either party has the right to appeal, depending on the outcome of the case.
Step ten: Monitor and comply with deadlines
Make sure to monitor any deadlines for post-judgment motions or appeals. Likewise, if you haven’t filed a lawsuit yet, be sure to bear in mind that there’s a statute of limitations. The statute of limitations is the amount of time you have in which to file a lawsuit. If you miss that time period, the court can refuse to hear the case. Typically, the statute of limitations begins on the date of injury, and it’s usually between one and three years from that date, depending on the type of accident in Colorado.
Filing a lawsuit can be a stressful situation, but it doesn’t have to be. It starts out with a problem—after all, the reason you’re filing a lawsuit is that you were injured. But a good Pueblo personal injury attorney can help alleviate the stress and uncertainty, and guide you toward a resolution.
See our guide Choosing a personal injury attorney.