In Colorado, as in every state, after a slip and fall accident on someone else's property, it's probably a good idea to look into your options for getting compensation for your losses -- especially if it's fairly clear that the property owner's negligence played a part in your accident.. 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. 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, on the other hand, follows modified comparative negligence. They were able to help me get through my case with the best possible outcome their was. That’s because Colorado utilizes modified comparative negligence. The boutique mountain law practice specializes in personal injury. 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. Today, you will know more about Colorado negligence law, along with the punishment for negligence in Colorado. The Court must then reduce the award by Ed’s percentage of fault: 20%. Alhilo v. Liem, App.2016, 412 P.3d 902 (2016). The Colorado statute provides that a person may recover damages in proportion to the degree of negligence of each party. No Colorado appellate case issued since Blackman has authorized a medical provider accused of malpractice to assert a comparative negligence defense against the plaintiff-patient. 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? How will this affect my award of damages in my lawsuit? 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. Call and tell us your situation. Modified comparative negligence in Colorado is a: Modified comparative negligence is used in a Colorado personal injury case when a plaintiff is argued to be at least partially responsible for his or her own injuries. Instead, fault is de… Personal Injury Cases Modified comparative negligence is used in a Colorado personal injury case when a plaintiff is argued to be at least partially responsible for his ... Our team of attorneys and investigators are available 365 days a year, ready to come to your aid. Visit our page on Colorado DUI Laws to learn more. Do I Need to Report an Accident to the DMV in Colorado? For example, if the plaintiff is found to be 25 percent responsible for the accident, … Insurance companies in Colorado commonly use the concept of comparative negligence to fight claims or to contest lawsuits. 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.). He is severely injured and sues Helene in a personal injury lawsuit. In Colorado, the type of negligence law practiced is called comparative negligence, or more specifically, modified comparative negligence. Justia US Law US Codes and Statutes Colorado Revised Statutes 2016 Colorado Revised Statutes Title 13 - Courts and Court Procedure Damages and Limitations on Actions Article 21 - Damages Part 1 - General Provisions § 13-21-111. To avoid having the jury award reduced, it is important to properly prove that the other party was responsible for the accident and not the plaintiff. Comparative negligence, called non-absolute contributory negligence outside the United States, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff's own negligence contributed to cause the injury. Richard W. Laugesen, Colorado Comparative Negligence, 48 Denv.L.J. If the plaintiff is 49% or less at fault for his or her injuries, the plaintiff can still recover, but the damage award will be adjusted down by the percentage the jury decides. 4. Pub. 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