Contingency Fee Representation in Colorado
This page covers contingency fee representation as it applies in Colorado — the state and federal laws that govern it, filing deadlines, where to get help, and notable in-state decisions. For what contingency fee representation protects generally, see the national overview.
Compiled from primary legal sourcesNot legal adviceHow we source this
Quick answer
In Colorado, a contingency fee agreement lets you hire a lawyer for personal injury, wrongful death, medical malpractice, and similar money-damages cases without paying attorney fees up front. The lawyer's payment is a percentage of whatever you recover through a settlement or award, and if you recover nothing, you generally owe no attorney fee. The agreement must be in writing, signed by you, and must describe the exact percentage and how case costs will be handled. Some deadlines are as short as 182 days from the date of injury, so contact a lawyer as soon as possible after any accident or loss.
Laws that govern contingency fee representation in Colorado
Colorado state law
- Colorado Rules of Professional Conduct, Rule 1.5 — FeesColo. RPC 1.5
Requires every contingency fee agreement to be in writing and signed by the client, and sets out what the written agreement must disclose about the percentage, costs, and whether the fee covers appeals.
- General Limitation of Actions — Two YearsC.R.S. § 13-80-102
Sets the two-year filing deadline for most civil tort claims, including personal injury, in Colorado.
- Limitation of Actions — Medical or Health CareC.R.S. § 13-80-102.5
Sets the two-year limitation from discovery and the three-year outside limit for medical malpractice and other health care claims in Colorado.
Federal law
- Federal Tort Claims Act
Federal law allowing private parties to sue the United States in federal court for most torts committed by federal employees. Codified at 28 U.S.C. §§ 1346(b), 2671-2680.
Colorado-specific deadlines for contingency fee representation cases
Enter the date your problem happened to see which deadlines may already have passed. Not every deadline applies to every situation — this is a general estimate, not legal advice. Deadlines can be shorter, paused, or extended.
- Deadline to file a personal injury lawsuit in Colorado: 2 years
The two-year clock generally starts on the date of your injury. Missing this deadline typically bars the lawsuit permanently.
C.R.S. § 13-80-102
- Deadline to file a medical malpractice lawsuit in Colorado: 2 years from discovery
No lawsuit can be brought more than three years after the medical act or omission, even if you discovered the injury later. Both the two-year and three-year limits must be checked.
C.R.S. § 13-80-102.5
- Written notice of claim against a Colorado state or local government entity: 182 days
This is a required written notice under the Colorado Governmental Immunity Act that must be submitted before a lawsuit against a public entity can be filed. Missing the 182-day deadline bars the lawsuit.
C.R.S. § 24-10-109
- Administrative claim against the federal government under the Federal Tort Claims Act: 2 years
You must file a written administrative claim with the appropriate federal agency within two years of your injury. After the agency denies the claim, you have six months to file a lawsuit in federal court.
28 U.S.C. § 2401(b)
These deadlines are general estimates. They can be shorter than they appear, and can be paused (“tolled”) or extended in specific situations. This is not legal advice. If any deadline is near or has passed, talk to a lawyer right away.
Where to go & how to get help
Government agencies and non-profit legal-help organizations for contingency fee representation in Colorado.
The Colorado Supreme Court office that oversees attorney conduct; file a complaint here about a fee dispute or other concerns about your lawyer's conduct.
- Colorado Legal Serviceslegal aid
Provides free civil legal help to income-eligible Coloradans and seniors; may be able to refer you to a contingency-fee or pro bono attorney if you qualify.
Official U.S. government starting point for finding free or low-cost legal help and legal-aid programs near you.
Locate the LSC-funded legal-aid organization that serves your county for civil (non-criminal) legal problems.
Find your state or local bar association lawyer-referral service and free legal-answer programs.
Find your state attorney general to file consumer-protection, civil-rights, or other complaints.
How to take action in Colorado
- 1
Find a lawyer whose practice matches your claim
Contact the Colorado Bar Association's Find-A-Lawyer service or a local legal aid organization to locate an attorney who handles your type of case, such as personal injury or medical malpractice, on a contingency basis.
- 2
Review and sign the written fee agreement before work begins
Colorado's Rules of Professional Conduct require the agreement to state the exact percentage the lawyer will receive and whether that percentage is calculated before or after case costs are deducted from the recovery.
- 3
Understand how out-of-pocket costs are handled
Even in a contingency case you may owe money for filing fees, medical records, and expert witnesses. Your signed agreement must explain when and how these costs are paid and whether they reduce your share of any recovery.
- 4
Ask your lawyer about the deadline for your specific claim
Different cases carry different filing deadlines, and missing one can permanently bar your right to sue. Bring your relevant documents to your first meeting so your lawyer can identify the correct deadline.
- 5
Send any required written notice to a government entity right away
If your injury involves a Colorado state or local government entity, the Colorado Governmental Immunity Act requires a written notice of claim to be filed within 182 days of discovering your injury before any lawsuit can be started.
- 6
Receive a written closing statement when your case ends
When your case settles or concludes, Colorado rules require your lawyer to give you a written statement showing how any recovery was divided among your share, the lawyer's fee, and any costs or expenses.
A general roadmap, not legal advice — the right steps depend on your situation and deadlines.
Common questions about contingency fee representation in Colorado
What is a contingency fee agreement?
A contingency fee agreement is a written contract setting your lawyer's payment as a percentage of money you recover. If you win or settle, the lawyer receives that percentage out of the proceeds. If nothing is recovered, you generally owe no attorney fee, though you may still owe out-of-pocket expenses such as court filing fees and costs for medical records.
Does Colorado limit how much a lawyer can charge under a contingency fee?
Colorado does not set a specific percentage cap for most civil contingency cases. Under Colorado's Rules of Professional Conduct, the fee must simply be 'reasonable' given the circumstances of the case. Workers' compensation cases have their own separate limits. You should ask about the percentage and compare agreements from more than one lawyer before signing.
What is the difference between fees calculated before costs and fees calculated after costs?
'Before costs' means the lawyer's percentage is taken from the full recovery first, and then case expenses are deducted from your share. 'After costs' means expenses are deducted from the total recovery first, and the lawyer's percentage is taken from what remains. The difference can significantly affect how much you receive, so your written agreement must state which method applies.
What types of cases are usually handled on contingency?
Contingency fees are most common in personal injury, wrongful death, medical malpractice, and product liability cases — situations where a person seeks money damages from another party. Lawyers accept these cases on contingency because their payment depends entirely on winning or reaching a settlement.
Can a lawyer take a criminal defense case on contingency?
No. Colorado's Rules of Professional Conduct specifically prohibit contingency fees in criminal defense cases. In family law, a contingency fee cannot be tied to obtaining a divorce or to the amount of alimony, support, or property settlement. These prohibitions exist to protect clients and preserve the fairness of those proceedings.
What can I do if I think my lawyer's fee is unfair?
You can contact the Colorado Office of Attorney Regulation Counsel, which handles complaints about attorney conduct including potentially unreasonable fees. The Colorado Bar Association also offers a voluntary fee arbitration program for resolving fee disagreements. A fee dispute alone is not automatically considered misconduct, but a clearly unreasonable fee can lead to a disciplinary review.
Does a contingency fee automatically cover appeals?
Not automatically. Your fee agreement must specifically state whether the same percentage applies if the case is appealed to a higher court. If the agreement is silent on that point, ask your lawyer to put the terms in writing before any appeal is filed so there are no surprises about additional costs or a different percentage.
Not legal advice. State-specific statutes, deadlines and procedures are being sourced and will appear here.