Colorado personal injury law provides a clear framework for people who have been harmed by the wrongful actions of another party. You deal with strict deadlines, complex insurance policies, and detailed documentation at every step.
“Insurance adjusters apply state laws to determine the value of claims, often weighing fault and evidence,” says Amy Gaiennie, a personal injury attorney at Amy G Injury Firm. The state’s modified comparative fault system is applied by courts, which can preclude you from getting paid or cut your check if you’re partially at fault for your injury.
This article discusses the basics of Colorado personal injury law so you can feel equipped to make smart decisions after being in an accident.
Types of Personal Injury Cases in Colorado
Automobile accidents are the most frequent type of personal injury cases in Colorado. Medical costs and lost wages come in close second, especially after wrecks that were caused by distracted or intoxicated drivers.
Slips and falls are also a large contributor, and property owners are responsible for hazards on their property. You notice those lawsuits come to life in malls, apartment complexes, and public areas throughout the state.
Dog bites impose strict standards of liability upon pet owners irrespective of prior behavior. Many other accidents result from medical malpractice or defective products that hurt you when you’re least expecting them.
Statute of Limitations and Filing Deadlines
Colorado has strict time limits on the amount of time you have to file a personal injury lawsuit. Two years is generally the time limit for most cases, but claims related to car accidents have a few extra months, giving you three years.
You generally lose the right to seek compensation entirely by not meeting these deadlines. The clock starts with filling out the date of injury or discovery in most cases, so every day counts.
Courts impose the rule of filing without exception unless there are extraordinary circumstances. Close attention to dates maintains your options open and prevents any claim from being dismissed before a judge reviews the facts.
Fault Finding and Comparative Negligence Laws
Colorado uses a modified rule of comparative fault to decide who pays in cases of personal injury. When more than a single party is at fault, each person’s fault is found as a percentage.
If your share of fault is under 50%, you can recover damages, but any award is lessened according to your share of fault. Being over 50% at fault usually cuts short your right to recover anything at all.
For instance, if an individual is 30% at fault, his/her award is reduced by the same percentage. Judges, adjusters, and attorneys utilize police reports, witness testimony, and physical evidence to determine each person’s contribution in terms of percentages.
Difficulties of Personal Injury Claims
Reporting a personal injury case brings several obstacles right from the outset. Insurance companies usually try to pay out lower sums, using their resources to dispute medical reports or deny the source of injuries.
Witnesses become forgetful as time goes on, and this complicates elaborating an exact account of how things happened. The medical bills grow rapidly while you stay in limbo as far as coverage and fault are concerned.
Court processes can also appear slow and confusing when filing deadlines, filings, and technical arguments compete for airspace. Tight planning and guidance from experts keep your claim solidly rooted past each challenge.
What to Do to Strengthen a Claim
Shortly after the accident, receive medical attention so that your injuries are documented immediately.
Evidence gathering is also crucial. Photos, witnesses’ names, and police reports become beneficial later in the way of negotiation or court hearings.
Having an attorney well-versed in Colorado personal injury law can help you through complex paperwork or settlement negotiations. Proper communication with a lawyer will help you avoid expensive mistakes and missed deadlines.
Wrapping Up
With every action you take following an accident, the outcome is determined, from the first consultation with a doctor to the final meeting with your attorney. Colorado law requires caution and tenacity in all directions.
Fortunately, you do not have to handle it all by yourself. There is legal aid from seasoned personal injury attorneys who are available to those who are willing to find it, ask, and claim their rights.
Also read: Top-Rated Personal Injury Law Firm in Las Vegas: Get the Compensation You Deserve
