Understanding Colorado's Modified Comparative Fault Statute | Front Range Injury Attorneys
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Front Range Injury Attorneys - Denver Personal Injury Lawyers
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Denver, Colorado 80205
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Colorado adheres to the modified comparative fault system, a legal framework that introduces its own set of rules and guidelines. According to this statute, an injured party can seek compensation as long as their degree of fault does not surpass 50%. However, if the injured party's responsibility is found to be 50% or more, they are prohibited from recovering any damages.
To illustrate the practical application of Colorado's modified comparative fault statute, let's consider a hypothetical scenario. In a motor vehicle accident, it is determined that the plaintiff is 30% at fault, while the defendant shoulders 70% of the responsibility. Under Colorado law, the plaintiff can still pursue damages, but the total award will be reduced by their percentage of fault, in this case, 30%. If the jury awards the plaintiff $10,000 in damages, in this scenario that sum is reduced by 30% to $7,000.
Navigating the intricate landscape of Colorado's modified comparative fault statute can be a formidable task. Thus, enlisting the expertise of a seasoned personal injury attorney becomes paramount. A proficient Denver car accident lawyer can strategically construct a case, marshal compelling evidence, and adeptly negotiate with insurance entities, ensuring that you receive just compensation.
When a defendant asserts a comparative negligence defense, it affects both insurance negotiations as well as litigation. If the at-fault driver's insurer believes you are partially at fault, they will adjust settlement offers down to reflect that. Often that requires filing a lawsuit to pursue a fair outcome for your case. The lawsuit is more complex because you and your attorney must present a compelling case for your damages but also defend your acts.
As experienced auto accident lawyers, we understand these tactics and prepare to pursue the strongest case from the outset. Your lawyer will engage the insurance company early in discussions to determine if they believe there is shared fault and begin working to gather evidence and determine the liable parties and their share of liability for your injuries. Your personal injury lawyer will also determine whether litigation is a superior option for your case and prepare to take your case to trial if necessary.
Insurance companies often allege shared liability for your injuries as a way to chop down settlement offers and convince you to settle for less than you deserve. If they know you do not have a personal injury lawyer on your side, they know the likelihood that you will overcome their allegation of comparative negligence is extremely slight. By hiring an attorney, the insurance company knows your case is serious and you take it seriously.