Understanding Comparative Fault Laws in Denver

In Colorado, the application of comparative fault directly impacts how damages are awarded, making it crucial for accident victims to comprehend how these laws work. Whether you’re dealing with a car accident, a defective product incident, or another type of personal injury case, comparative fault could significantly affect your case’s outcome.

This blog post discusses Denver’s comparative fault laws, showing how they influence personal injury cases and why working with an experienced personal injury lawyer is essential.

What is Comparative Fault?

Comparative fault is a legal doctrine used to apportion responsibility and damages among the parties involved in an accident. In the context of personal injury law, it helps determine the degree of fault each party holds in causing the accident, which directly influences the amount of compensation they can recover. This principle is especially relevant in cases where multiple parties share blame, as it ensures that each party is only held accountable for their portion of the fault.

Modified Comparative Fault Rule in Colorado

Colorado operates under a “modified comparative fault” system, as outlined in C.R.S. § 13-21-111, which stipulates that a party can recover damages as long as they are found to be less than 50% at fault for the accident. If a party is 50% or more at fault, they are barred from receiving any compensation.

For instance, if you are awarded $100,000 in damages but are found to be 40% at fault for the accident, your compensation will be reduced by 40%, resulting in a final award of $60,000. This rule proves the importance of accurately determining fault, as even a slight increase in your percentage of fault can drastically reduce or eliminate your compensation.

How Comparative Fault Impacts Personal Injury Cases in Denver

The impact of comparative fault on personal injury cases in Denver cannot be overstated. The degree of fault assigned to each party determines not only the amount of compensation a victim can recover but also whether they can recover any compensation at all.

Determining Fault in Colorado

In Colorado, determining fault in personal injury cases is a meticulous process that involves gathering and analyzing various forms of evidence. This includes accident reports, witness statements, expert testimony, and physical evidence from the scene. The court or jury will evaluate this evidence to assign a percentage of fault to each party involved in the accident.

For example, in a car accident case, the court might consider evidence such as traffic camera footage, skid marks, and testimony from accident reconstruction experts to determine who was at fault. The percentage of fault assigned to each party will then influence the amount of compensation awarded, making the accuracy of this determination crucial for a fair outcome.

Effect on Compensation

As we mentioned before, the compensation you receive is directly linked to your percentage of fault. If you are found to be partially at fault for an accident, your compensation will be reduced by the same percentage. This reduction applies to all types of damages, including economic damages like medical expenses and lost wages, as well as non-economic damages such as pain and suffering.

To understand more about the types of damages that can be affected by comparative fault, you can schedule a free consultation with a personal injury lawyer at Boesen Law.

Comparative Fault and Insurance Companies

Insurance companies often leverage comparative fault to reduce their financial liability in personal injury claims. These companies commonly attempt to attribute a higher percentage of fault to the victim to minimize their payout obligations. We have seen how they often argue that the victim’s actions were more contributory to the accident than the evidence suggests. These strategies can include disputing the victim’s account of the events, downplaying the severity of the other party’s negligence, or even misinterpreting evidence to shift more blame onto the victim.

To effectively counter these tactics, it is crucial to have an experienced attorney who can challenge the insurance company’s assertions, present compelling evidence, and ensure that fault is assigned fairly. An experienced Denver personal injury lawyer will advocate on your behalf to ensure that the insurance company does not unfairly reduce your compensation.

What to Do if You’re Partially at Fault

If you believe you may be partially at fault for an accident, it’s important to take specific steps to protect your rights and ensure that you receive fair compensation.

Consulting with a Lawyer

Consulting with a lawyer at Boesen Law as soon as possible is crucial if you think you might share some fault in an accident. A lawyer can help assess your situation, advise you on the best course of action, and develop a strategy to minimize your percentage of fault. We can also guide you through the legal process, ensuring that your rights are protected every step of the way.

Documenting the Accident

Thorough documentation is essential in cases where you may be partially at fault. This includes keeping records of your recollection of the events, any communication with other parties involved, and gathering any available physical evidence. Proper documentation can be critical in building your case and ensuring that fault is accurately assigned.

Acting quickly is crucial, as delays can lead to lost evidence and weakened claims.

How a Denver Personal Injury Lawyer At Boesen Law Can Help with Comparative Fault Cases

At Boesen Law, we have decades of experience handling personal injury cases involving comparative fault. Our team is dedicated to securing the best possible outcome for our clients, leveraging our deep understanding of Colorado’s legal landscape to build strong cases.

Choosing us means choosing a firm with a proven track record of success. We are committed to providing personalized, client-focused representation that addresses the unique needs of each case. Contact us today to schedule your free initial consultation and discuss your case with an experienced lawyer.