A valuable but underutilized tool for personal injury lawyers is requesting a preferential trial setting for their client's case. Colorado law allows certain cases to "jump the line" and get a relatively quick trial date. Here, we explain what cases qualify for a preferential trial date and why it can be a very effective tactical move for the plaintiff.

Who can get a preferential trial date? Colorado Revised Statute 13-1-129 allows certain individuals the right to ask the court to set a preferential trial for their case. Two categories of claimants are included: 1. any person who can demonstrate by clear and convincing medical evidence that they have an illness raising substantial medical doubt of survival beyond one year; and 2. any person who at the time of filing the case is at least 70 years old and the court determines the request is meritorious. 

What does a "preferential trial date" mean? Normally in Colorado, personal injury cases will get a jury trial date about a year after the plaintiff files their case. And although a lot gets accomplished while the case awaits trial, a year is a long time to wait for your day in court.

If the judge grants a motion for preferential trial date under C.R.S. 13-1-129, the plaintiff will get a trial date no more than 119 days after the motion was filed.  

Why would a plaintiff want such a quick trial date? Every case is different, but when a plaintiff has a terminal illness it is essential to resolve their case prior to their death. Because after they pass away, the majority of the damages (unless the case can be converted into a wrongful death action) will no longer be applicable. With elderly plaintiffs, getting their case to trial sooner means they will hopefully get compensation for their injuries without having to wait a year or more from filing their lawsuit. Also, insurance companies love to delay cases as long as possible and any tool to put them on their heels should be used. 

As one example, we had an elderly client in her early 80's who was seriously injured in a medical transport van. We filed her lawsuit within two months of her injury, received a preferential trial date, and went to a jury trial within 6 months of the incident. She won her case and had money to pay for her care the rest of her life. 

The downside to requesting a preferential trial date is an expedited schedule to do all necessary discovery and depositions within a very short timeframe. But, if your lawyer is up for the challenge, the decisiveness in aggressively filing your case can pay dividends for the injured client.