Personal Injury in Colorado

The term personal injury is often used when talking about accidents caused by other average individuals. These accidents can happen at places of employment, they can also happen everyday while driving home from school. What many people forget is that companies can be liable for causing personal injuries too.

 

 

Colorado Personal Injury Laws at a Glance

Colorado Personal Injury Laws

Statute of Limitations

2 Years
Damages Recoverable Permanent disfigurement and/or disability, future earning ability, medical expenses, property damage, pain and suffering, lost wages, cost of household help
Strict Liability Product manufacturer may be liable for injuries caused by a consumer product
Joint Liability Each defendant liable for percent of damages as determined by court
Contributory Negligence Comparative negligence: Any  awards will be reduced in proportion to the amount of the injured party's negligence.

Understanding Strict Liability

In the state of Colorado, individuals can file personal injury suits against companies that are selling a product which has caused the injury. These suits fall under the strict liability legal theory which makes the seller responsible if certain criteria are met. While many consumers are intimidated by the idea of filing a claim against a large corporation it is important that you do not waste your opportunity. If a company is responsible for causing you harm it is important that you seek compensation.

Proving Liability

Like most states, personal injury in Colorado requires a proof of negligence or danger. This is done to help avoid frivolous lawsuits which could damage a company’s reputation and waste the courts time. Before filing suit, you must be sure that you can prove that the company or the seller of the product was responsible for your injury.

First of all, in order to claim injury at all you must have suffered some damages. It is best to document these damages if possible. Pictures are best if physical injury has occurred. Secondly, you must be able to prove the product was in some way defective and therefore dangerous enough to cause you, or anyone else, serious harm. Lastly, you must be able to prove that you were not at fault! This means that you will need to prove to the court that you were following all instructions and using the product correctly in such a way that injury would not have occurred if the product was not defective.

Contributory Negligence

Colorado uses a modified comparative negligence theory, which states that the contributory negligence of someone does not bar that person's recovery if the injured party's negligence was less than the defendant's negligence. As long as the plaintiff's fault is less than 50% of the combined fault of all those that helped to cause the incident, that person may recover. Any damages awarded will be reduced in proportion to the amount of the injured party's negligence.

What Damages Can Be Recovered?

When seeking damages from a product seller or corporation you are entitled to the same recompense that you would receive from an average person. According to Colorado, a company found in the wrong will be responsible for seeing that are compensated for any and all time missed from work. This includes the time that was missed due to the initial injury, the time that was missed during recovery, and the time that was missed for follow up appointments.

In addition to missed time from work they will also be responsible for any physical damage done to you, especially if it is permanent, and any emotional difficulties the injury caused you or your family.

For more specific information about your case, contact a Colorado Personal Injury Lawyer.

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