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Colorado Personal Injury LawThe following summary of Colorado personal injury laws and theories of liability will help you understand important aspects of injury claims...Colorado Statute of Limitations:ANY Personal Injury: For general personal injury, the statute of limitations is 2 years, however if the injury is occasioned by a motor vehicle accident, the statute of limitations is 3 years.Medical Malpractice, including Veterinary Malpractice: 2 years but from discovery of the injury, but no more than three years from the act that would have given rise to the claim. Products Liability: 2 years Minors: A child who is under the age of six at the time an injury occurs must file a claim by the time that child is eight. Caps on Personal Injury Awards in Colorado:With regard to medical malpractice claims, there is a 1 million dollar cap on physicians or medical facilities per patient claim, of which $250,000 is the maximum allowable for non-economic claims.This rule can be exceeded however, if a judge determines that the injuries cannot be fairly compensated (i.e. it is too difficult to place a dollar value on the gravity of the injury). Colorado Serious Injury Threshold:There is no serious injury threshold in the state of Colorado.Colorado is a Fault state, therefore an insurance adjuster will first assess who is at fault and pay accordingly. Personal Injury Claims & Theories of Liability in Colorado:Wrongful Death Case: This refers to any death that occurs as a result of personal injury. This is limited, however by a balance of liability.Slip and Fall Accident: This is a personal injury case in which an individual slips and falls on property owned by someone else. The owner will be liable if he/she is aware of the dangerous condition and failed to correct it. Auto Accident Claim: These injuries occur when a driver causes an accident due to his/her conduct. Colorado follows the modified comparative fault theory, therefore if the injured party is 50% or more at fault, they may not recover. Medical Malpractice Cases: This occurs when a health care provider fails to follow the governing standard of care when providing treatment to a patient which then causes the patient to suffer an injury. Product Liability Lawsuit: If a product fails to perform the way it is supposed to and the result is serious injury or even death, the manufacturer or distributor may be liable to the injured party under this theory. Workers' Compensation Law: If an employee is injured while working, the employer will be responsible for compensating the injured party for his injury provided it occurs during the scope of employment. For More Information Check out these sites: Official Colorado State Website Colorado Division of Insurance Return from Colorado Personal Injury Law to all Personal Injury Laws Return from Colorado Personal Injury Law to Personal Injury Claims How Much Is Your Case Worth? Find out NOW! Complete this form for a FREE case review by an experienced attorney... The accuracy of information on this site is not guaranteed. Information on this site is strictly opinion and should not be considered formal legal advice. Under no circumstances should the information on this site be used to make decisions about the proper course of a legal matter. Click below to read our full User Agreement, Disclaimer and Copyright Information.
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