to determine the amount of damages he or she may receive. However, you will not be able to recover the full amount for your injuries and you recover nothing if you were 50% or more responsible for the accident. Colorado since changed its laws concerning negligence to incorporate the concept of “comparative negligence.” The rule of comparative fault. For questions about modified comparative negligence in personal injury cases in Colorado or to confidentially discuss your case with one of our skilled Colorado personal injury attorneys, do not hesitate to contact us. In Colorado negligence lawsuits, a defendant is only obligated to compensate the plaintiff for the proportion of the injury the court determines them to be at fault. 3. Modified comparative negligence in Colorado is a: method of determining the degree of fault of each party to determine the amount of damages he or she may receive. Kalamaya | Goscha has law offices in Edwards, Aspen, and Glenwood Springs. We are not a pure comparative negligence state, and that means that the consequences and the stakes are really high with respect to comparative negligence. The money damages awarded by the jury will be adjusted based on the plaintiff’s degree of fault in causing his or her own injuries. How will this affect my award of damages in my lawsuit? Courts and Court Procedure § 13-21-111. The use of this form or website for communication with anyone at Kalamaya | Goscha does not establish an attorney-client relationship. Please complete the form below and we will contact you momentarily. Modified comparative negligence – you can seek damages from the other party’s insurance company based on your percentage of fault, but only within the state’s limits. If the plaintiff is 50% or more responsible for his or her own injuries, the plaintiff is not allowed to recover anything in damages.[3]. His end award is now $45,000. The Court must then reduce the award by Ed’s percentage of fault: 20%. Allison is badly hurt in the car accident and sues Fredrick for negligence. Maybe a pedestrian j-walks across a road and a car hits them. If the amount awarded at trial to the pedestrian for damages is $100,000, the law of comparative negligence would reduce the pedestrian’s award by 25% and that person would get $75,000. At trial, the jury determines that Allison is 60% at fault and Fredrick is 40% at fault. Copyright © 2020 Colorado Legal Defense Group. How to decide what type of expert should value a business in a divorce. [10] It should be noted that the jury is only instructed as to willful and wanton conduct as it relates to the defendant's conduct, and only for the purpose of determining whether exemplary damages should be awarded. At trial, the jury decides that the store is 90% responsible for the accident for allowing a puddle of water to remain on the floor without any warning and that Reginald is 10% at fault for not looking where he was going. 4. He is severely injured and sues Helene in a personal injury lawsuit. The Colorado law states that liability doesn’t need to be 100% on one party or the other. Colorado Legal Defense Group was a great resource for legal help. Then, the judge or jury must determine the relative fault of each party. Below, our Colorado personal injury attorneys address frequently asked questions about modified comparative negligence in personal injury lawsuits and the injuries you may have suffered: Modified comparative negligence in Colorado is a: (Also see our article on gross negligence cases.). Serv. What is modified comparative negligence in Colorado? Negligence cases - comparative negligence as measure of damages Richard W. Laugesen, Colorado Comparative Negligence, 48 Denv.L.J. Fault is not always clear. Under this law, if any party involved in an accident is determined to have been 50 percent responsible or above, that party forfeits any right to receive … Colorado comparative negligence laws allow recovery for damages even if you were partly responsible for your accident (CSR section 13-21-111). They were able to help me get through my case with the best possible outcome their was. The Colorado law states that liability doesn’t need to be 100% on one party or the other. Comparative negligence is “a rule of law applied in accident cases to determine responsibility and damages based on the negligence of every party directly involved in the accident. Colorado is a modified comparative negligence state. to figure out the amount of damages he or she may receive.[1]. With the help of an experienced personal injury attorney, a plaintiff can use evidence such as: The best way to avoid a reduction in the personal injury award is to properly prove that the other party caused the accident and that it was through no fault of the plaintiff. Comparative Negligence Explained. How do I prove who was responsible for the accident? There can be some type of proportion of liability that the parties share, called comparative. If the court determines that you were also at fault in your accident, they may reduce the compensation you’ll get.. How Modified Comparative Negligence … If a jury finds the defendant to not be at least 51% liable, they will owe nothing. Colorado Negligence Law Definition. Insurance companies in Colorado commonly use the concept of comparative negligence to fight claims or to contest lawsuits. Modified Comparative Negligence Defined. The store is at fault for not putting a wet floor sign out, but the owner or … Colorado state law uses 50% modified comparative negligence. Because if you are found to be 50% at fault or … Pub. On the contrary, only two cases have mentioned the Blackman comparative-negligence holding, and both have found it … Kalamaya | Goscha is a Colorado law firm founded by, Divorce Tips for Social Media & Cyber Security, Top Five Tips: Navigating Holidays During a Divorce, Discovery During Divorce: Rule 16.2 & You Part 2, Kalamaya | Goscha Opens New Office in Denver, Discovery During Divorce: Rule 16.2 & You, Joint or Retained Expert? As the negligence laws by state differ, it is crucial to know about the rules and regulations of your territory. Take another look at the reckless driving example mentioned above. The boutique mountain law practice specializes in personal injury. 3.1 How does this all work in a real situation? Because he was found to be 10% at fault, his damages are reduced by 10% ($5,000). Under Colorado’s modified comparative negligence law, a plaintiff’s damages gets reduced by the plaintiff’s percentage of fault for the wreck or accident; however, if the plaintiff’s fault is greater than or equal to the combined fault of the defendant(s), the plaintiff gets nothing. A plaintiff/claimant must prove the defendant was negligent, and the negligence caused damages. So, if a jury finds the pedestrian and the driver were both 50% at fault for the accident, the pedestrian wouldn’t be able to recover anything. ... Colorado law firm for workers' compensation, car accidents & personal injury. Automatic Temporary Injunctions During a Divorce: What can you do. Her car slams into his, causing him to hit a guardrail. Helene fails to check her blind spot and attempts to change lanes into Ed’s lane. The jury will determine the amount of fault each party has in causing the injuries. 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