Colorado personal injury law in auto accidents

Personal injury law, commonly referred to as “tort” law, enables a victim of an accident or other incident to bring a civil action in court and get compensation (known as damages) for all losses resulting from the incident. The goal of the personal injury system is to enable the injured party to receive monetary compensation or to be “made whole” after suffering harm as a result of another party’s negligence or willful behavior. When you hire a Denver car accident attorney at our law firm, you can trust that you’ve hired an experienced lawyer in personal injury law.

Personal injury law basics

There are several distinct circumstances in which personal injury law is applicable, including:

Accidents. When someone acts negligently and that carelessness results in harm to another person, personal injury laws apply. Among other types of instances, examples include car accidents, slip-and-fall occurrences, and medical negligence. Find out more about carelessness in cases of personal injury.

Who Makes Personal Injury Laws?

Numerous personal injury regulations originated as “common law norms” in the past. As contrast to laws made by legislators or enacted through bills and statutes, common law is law decided by judges.

When a judge hears a case and renders a decision, her ruling on the relevant legal question becomes binding precedent for all state courts that are “lower” than the court that rendered the decision. Following the application of the first judge’s ruling by these other courts, a body of “common law” is eventually established as a result of all of this binding precedent.

There are other sources of personal injury law outside common law. Personal injury-related legislation (laws) have been passed by legislative bodies. For instance, when legislators enacted rules governing workers’ compensation, they effectively removed all cases of job-related injuries from the purview of personal injury claims and made workers’ compensation the sole remedy available to those who sustain injuries at work (in most cases precluding injury-related lawsuits against employers).

Personal injury laws in Colorado car accidents

At the core of most car accidents under Colorado law is the question of fault for your injuries. Colorado is a tort law state, which means the person primarily responsible for compensating you for your injuries is the personal who caused them. Under tort law, or personal injury law, fault is both a question of fact and law. You must be able to prove a negligent person factually caused your injuries and damages. You also must prove as a matter of law that you have the right to pursue that person for compensation.

How does fault affect my car accident case in Denver?

When it comes to responsibility for injuries and other damages following an automobile accident, Colorado adheres to the standard “fault”-based system.

A dozen or so states have a “no-fault” system for auto accidents, at least in terms of auto insurance, which means that your own insurance will pay some costs following an accident regardless of who caused it.

However, this is not the case in Colorado, where the party responsible for the collision is additionally liable for any resulting injuries, property damage, and other consequences. In real terms, that implies that the at-fault driver’s auto insurance provider will pay for other people’s damages brought on by the collision, up to the limits of the driver’s liability policy.

Personal injury statute of limitations in Colorado

In the majority of states, the wider statute of limitations that is applicable to all personal injury cases also applies to actions involving automobile accidents. Legislators in Colorado established a precise timetable for lawsuits arising from auto accidents.

All tort claims for physical harm or property damage resulting from the use or operation of a motor vehicle must be “commenced within three years after the cause of action accrues,” according to Colorado Revised Statutes section 13-80-101. The “clock” starts ticking on the day of the accident, which implies that any injury claim resulting from a vehicle accident must be lodged within three years. A lawsuit for auto accident-related property damage has the same deadline.

The statute of limitations period is normally two years, with the “clock” beginning on the day of the person’s death, if they die in an automobile accident in Colorado and their family wants to file a wrongful death claim (which might be different from the date of the accident).

Comparative negligence in Colorado car accident law

A circumstance when more than one party is at least partially responsible for an accident is referred to as “comparative fault.” States have many strategies in this situation.

According to Colorado Revised Statutes § 13-21-111, you are entitled to compensation from any party who contributed to your injuries more than you did, but your damages (your financial recovery) will be diminished by a percentage that reflects your amount of fault. Colorado is a “modified comparative negligence” state.

Our Denver car accident attorneys help clients recover damages for car accidents and other personal injury claims. Contact Front Range Injury Attorneys today for your free consultation. We are available 24/7 by phone, text and email. You can speak with a car accident lawyer near you today.