Colorado is considered an at-fault state for insurance. This means the person found to be at fault for an accident can be held liable for damages.
There are three options for recovering compensation. You can file:
A claim against your own insurance policy for medical payment benefits and/or uninsured/underinsured motorist coverage;
A claim against the liability insurance coverages of all negligent parties; or,
A civil suit against all negligent parties.
Modified Comparative Fault
Colorado is also what is known as a modified comparative fault state. This means if an injured party is found to be 50% or more at fault for an accident, they CANNOT recover any damages.
If the party is less than 50% at fault, they can recover damages, BUT the damages will be reduced by their percentage of fault.
For example, let's say you are in a car collision, and you are found to be 10% at fault for the crash and the other driver is found to be 90% at fault. If a jury finds your damages to be $100,000, you would be eligible to collect only $90,000.
Statute of Limitations
The statute of limitations for personal injury claims in Colorado depend on what type of accident the injuries occur during.
Common statute of limitation personal injury case types:
Auto accident = 3 years
Medical malpractice = 2 years
Slip and fall = 2 years
The statute of limitations runs from the date of the injury, meaning for a car crash, you would have to file the case with the court within 3 years after the date of the collision. There are other statutes that may reduce the amount of time you have to file a claim or notice of claim, so you should seek the advice of an experienced personal injury attorney as soon as possible to ensure you protect your rights. In certain circumstances, you must provide notice of a claim within 182 days.
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