Have you been injured in an auto accident? Or sustained an injury at work that now hinders your working ability? We provide below some helpful information if you live in Colorado and are filing a personal injury claim. This information is to help make the process easier for you and without a lot of hassle.
Statute of Limitations in Colorado
First and foremost, you must know that there is a statute of limitations for filing a personal injury claim in Colorado. Most states do have a time limit in which the claim must be filed or it may not be heard by a court. For the state of CO, there must be a personal injury claim filed within 2 years of the incident occurring. However, for automobile accidents you have up to 3 years to file a claim.
What Auto Insurance Must you Carry in Colorado
Owning a car comes with the added responsibility of carrying insurance on that car. Colorado has some minimum requirements to the car insurance you must have to protect drivers during auto accidents:
- $25,000 per person for bodily injury
- $15,000 per accident for property damage
- $50,000 per accident for bodily injury.
Who is at Fault for an Accident in Colorado?
Colorado used to be a state that used the no fault rule. However, that changed in 2003 and now uses comparative fault rule. This basically means if you are found at fault at all your award in the claim will be reduced by as much as you are found to be responsible. However, if you are found to be 50% or more at fault you will receive nothing.
A great example of this would be the following: You work with a street crew cleaning up the streets each evening. As you are walking down the street you are talking to a fellow coworker about your day and walking out to far and a car hits you. Later we find out that the driver of the car was texting so they were not paying attention, however, you were found at fault as well because you were talking and not paying attention to where you were going. Therefore, if you were requesting $5,000 in damages and were found to be 15% at fault, you would only receive $4,250 and not the full amount you were hoping for.
A Prior Colorado Personal Injury Claim
According to ColoradoLaw.net, one of the many large settlements that can be found is that involving a 28-year-old woman named Susan and a semi-truck. Susan was driving when the truck traveling in the opposite direction crossed the center line and hit her head-on. Susan was left with two broken legs, a fractured ankle and an elbow fracture. She was in the hospital for almost 2 months and eventually had to learn how to walk again. After much litigation Susan was awarded $1.85 million, not only for what she had been thru but all the medical expenses she would encounter in the future.
Damage Caps in Colorado
Damage Caps in CO can be quiet significant. For non-economic damages like emotional stress, pain and suffering and negative impacts on a person life due to injuries the cap is $468,010, which can be increased to $936,030 by the court if there is enough compelling evidence. However, in a personal injury case where the person has been left with a physical impairment and/or disfigurement, such as the example with Susan, there is no cap on these claims. If you have been injured in a Colorado accident, consider contacting an experienced personal injury attorney.