Understanding Colorado Laws and Revised Statutes

Colorado’s laws and revised statutes outline the legal framework for handling personal injury cases, defining liability, compensation limits, and deadlines for filing claims. In other words, these statutes determine whether an injured party has the right to seek damages and how much they may recover.

Understanding these laws is essential for anyone pursuing a personal injury case in the state. In this guide, the experienced personal injury lawyers in Colorado from Boesen Law cover key laws affecting personal injury cases, including negligence rules, statutes of limitations, liability laws, and how they impact compensation.

Key Colorado Laws That Impact Personal Injury Cases

Colorado’s legal landscape encompasses different statutes, and the laws that apply to your personal injury case will depend on factors like how the accident occurred, who was at fault, and the type of damages involved. 

Below are some key Colorado statutes that may impact your case:

Colorado Comparative Negligence Law – C.R.S. § 13-21-111

Under Colorado’s modified comparative negligence framework, an injured individual is entitled to recover damages only if their share of fault in the incident is less than 50%. 

As per C.R.S. § 13-21-111, the compensation awarded is proportionally reduced based on the individual’s degree of fault. For instance, if you’re found to be 20% at fault in an accident resulting in $100,000 in damages, your recoverable amount would be adjusted to $80,000.

Statute of Limitations for Personal Injury – C.R.S. § 13-80-101

The statute of limitations establishes the timeframe within which a personal injury claim must be filed. In Colorado, the general period is two years for personal injury claims (C.R.S. § 13-80-102) and three years for motor vehicle accident-related claims (C.R.S. § 13-80-101).

There are some exceptions to these deadlines, such as cases where the injury wasn’t immediately discoverable or incidents involving minors. An experienced lawyer can help you determine the time limits that apply to your situation and ensure your case is built on time.

Premises Liability Act – C.R.S. § 13-21-115

According to C.R.S. § 13-21-115, property owners in Colorado bear a legal responsibility to ensure the safety of individuals on their premises. The duty of care owed varies based on the visitor’s status:

• Trespassers enter without permission, and property owners are only required to avoid willful harm.
• Licensees are social guests with permission to enter, and owners must warn them of any known hazards.
• Invitees enter for business purposes, and property owners have a duty to inspect for and fix dangerous conditions.

Common premises liability claims encompass incidents like slip and fall accidents, where negligence in maintaining safe conditions leads to injury.

Dog Bite Liability in Colorado – C.R.S. § 13-21-124

According to C.R.S. § 13-21-124, Colorado enforces strict liability on dog owners for serious injuries inflicted by their pets. This means dog owners are automatically responsible for serious injuries caused by their dogs, even if the dog had no history of aggression or the owner wasn’t negligent.

However, strict liability only applies in serious bodily injury cases, as defined by C.R.S. § 18-1-901. This encompasses harm posing a substantial risk of death, significant disfigurement, or prolonged impairment of health. 

Colorado’s dog bite laws may still allow you to pursue compensation if a dog bite didn’t cause serious bodily injury but resulted from the owner’s negligence, such as failing to restrain the dog.

Wrongful Death Claims – C.R.S. § 13-21-201

C.R.S. § 13-21-201 allows claims for deaths caused by negligence or criminal intent. In Colorado, the right to file a wrongful death lawsuit is structured as follows:

• Spouse of the deceased
• Spouse and heirs (if the spouse allows it in writing)
• Heirs of the deceased
• Designated beneficiary (if one was legally assigned)
• Siblings (only if no spouse, heirs, or designated beneficiary exist)
• Parents (if the deceased was an unmarried minor or adult without descendants)

Recoverable damages in wrongful death cases include funeral expenses, lost earnings, and compensation for emotional distress.

Workers’ Compensation Laws – C.R.S. § 8-40-101 to 8-47-209

Employees who sustain injuries in the workplace are generally covered under Colorado’s workers’ compensation system, which operates on a no-fault basis (meaning you don’t need to prove who was at fault). Benefits available include coverage for medical treatment and compensation for lost wages.

In certain circumstances, such as when a third party’s negligence contributes to the injury, it may be possible to pursue a personal injury claim in addition to receiving workers’ compensation benefits.

How Colorado Laws Affect Compensation in Personal Injury Cases

The types of damages recoverable through a personal injury claim include:

• Economic damages: Tangible financial losses, such as medical expenses and property damage.
• Lost wages and future earnings: Compensation to cover the income lost due to the injury and potential future earnings impacted by long-term or permanent disability.
• Non-economic damages: Intangible losses including pain and suffering, emotional distress, and loss of enjoyment of life.

Colorado’s legislative framework significantly influences the nature and extent of compensation available to personal injury victims. For example, non-economic damages are capped based on the type of case.

Currently, most personal injury cases have a $1.5 million cap for non-economic damages. However, for medical malpractice, the cap is $300,000 (increasing to $875,000 over five years from January 2025), while wrongful death cases have a $2.125 million cap.

What to Do If You Have a Personal Injury Claim in Colorado

Following an injury caused by someone else’s negligence, follow these steps to protect your rights and support a potential legal claim:

• Seek immediate medical attention: Obtain prompt medical care and ensure all injuries are thoroughly documented.
• Gather evidence: Collect pertinent information such as photos of the scene, witness statements, and official accident reports.
• Be mindful of legal deadlines: Familiarize yourself with the statute of limitations relevant to your case to avoid forfeiting your right to file a claim.
• Consult an experienced personal injury lawyer: At Boesen Law, we can help you understand your rights after an accident and explain your legal options.

How We Help – Get Legal Support for Your Personal Injury Case in Colorado

Navigating Colorado’s personal injury laws can be daunting without the right legal assistance. At Boesen Law, we have decades of experience helping clients handle personal injury claims in Colorado, securing hundreds of millions in settlements and verdicts, as showcased in our case results.

We offer a free in-person consultation to assess your case and discuss potential strategies. Plus, our personal injury lawyers operate on a contingency fee basis, so there are no fees unless we successfully secure compensation on your behalf! 

Contact us today to schedule your consultation and learn about the next steps.