Personal injury litigation is subject to different regulations in every state. To bring a case in Colorado it is very important that you consult an experienced Colorado personal injury lawyer, who can guide you through the states unique laws.
Personal injury litigation includes many types of action, including car accident cases, defective products cases and medical malpractice cases. A personal injury claim in Colorado can arise from negligence or intentional wrongdoing.
In Colorado you must prove four elements to win any negligence case:-
1. The defendant owed you a duty
2. The defendant did not fulfill that duty
3. The defendants breach of duty resulted in your injuries
4. You suffered damages
Colorado follows the doctrine of modified comparative negligence. This means that a defendant is responsible for the proportion of the damages equal to their proportion of the blame in the injury. However, a plaintiff cannot recover if they were 50% or more at fault for the injury. If the plaintiffs negligence was 49% responsible for an accident, a defendant can still be required to pay 51% of the damages. However, if the plaintiff was 50% responsible for the accident the defendant will not have to cover any damages.
Colorado personal injury law follows a doctrine of several liability when determining liability between defendants. The doctrine of several liability means that each defendant is responsible to pay only for the portion of the damages equal to their portion of the fault in the case.
Colorado law does not allow plaintiffs to ask for punitive damages unless they can show that the defendant's wrongful action was intentional or malicious. In general punitive damages cannot exceed compensatory damages. However, the court can assess punitive damages of three times the value of compensatory damages if the offending behavior continues during the trial.
Colorado law specifically prohibits non-economic damages in most breach of contract cases. You can recover non-economic damages in insurance litigation cases if you can show that the defendant willfully violated the contract. In medical malpractice cases non-economic damages are limited to $300,000.
In Colorado you have two years to file a personal injury lawsuit under the states statute of limitation.
If you are considering pursuing a claim in Colorado you need the counsel of a personal injury attorney who understands the nuances of Colorado law. The sooner you begin working with an attorney the easier it will be to build your case and reach a successful outcome.