In Colorado, the type of negligence law practiced is called comparative negligence, or more specifically, modified comparative negligence. This means the law allows victims to seek compensation for any part of an injury caused by another’s negligence, even if the victim is partially at fault. A negligence attorney can help support your case so that less of the percentage of fault is put on you.
While the Colorado negligence law operates under the modified comparative negligence law, it also follows a strict ordinance, known as the 50% rule. What this means is that you can be found partially at fault for the accident, but your fault cannot exceed 50%; otherwise, you will not be entitled to seek damages. Therefore, if you are proven to be 49% at fault, you can still collect compensation for your damages. The less fault that is proven on you, the more money you can possibly recover in your injury claim.
To claim negligence, you must be able to prove the following:
- You suffered from injuries or damage;
- The party at fault owed you a duty;
- The party at fault broke that duty; and
- The injury was caused by the other party’s failure.
Colorado operates under additional laws that may affect your claim. In addition, keep in mind that there may be other parties, also known as third parties, that may be accountable for your accident and injuries. That is why it is advised to have an experienced attorney review your case and help you determine your right to compensation.
Contacting a Colorado Attorney for Legal Help
If you further questions about Colorado negligence laws or need help with your case, speak with an attorney at the Law Office of D.J. Banovitz. Call 1-303-300-5060 and request your free booklet 7 Costly Mistakes that can Ruin Your Colorado Injury Case.