It is important to know the state-specific laws that apply to personal injury claims when you have been injured and need to file an injury claim. If you live in Colorado, you should understand the specific Colorado laws that may impact your personal injury lawsuit. However, it is difficult for a layman to understand all the legalities concerning personal injury law in Louisville, CO and Boulder County, Colorado. Therefore, seeking help from a Louisville, CO personal injury lawyer is advised.
If you get hurt in an accident and contact a personal injury attorney in Boulder County, CO to file a personal injury claim to seek compensation, you should know about comparative fault, or comparative negligence as the other party can allege that you as the plaintiff, also played a role in the accident, and thus that you should also be financially responsible for your losses.
In many cases, it is better that the injured person seek compensation with the help of a personal injury attorney in Louisville, CO. This is necessary because the individual or the company responsible may turn around and blame the injured person. They may accuse the injured person of partial or total fault. The comparative fault rule in Colorado is applicable when the injured person is actually responsible for some amount of the legal fault for the accident. There is a modified comparative fault law applicable in Colorado. In order to understand this, take the example of a slip and fall injury case where you don’t watch where you are going and you trip on a broken floor tile before you noticed its presence. In such a case, the percentage of your fault is 10% while that of the store is 90%. This percentage varies from case to case. To determine the percentage of fault, you should get the help of a personal injury attorney in Louisville, CO.
In negligence cases, the courts of Colorado are required to apply Modified comparative fault rule. In order to prevent yourself from being shocked, just know that the insurance adjuster may mention something like the possibility of shared fault during the settlement negotiations. Again, do not make a pact unless you have consulted an experienced personal injury attorney in Louisville, CO.
In Colorado, comparative fault does not bar a plaintiff from recovering after they have suffered a serious harm. However, it does reduce the damage award by the proportion for which fault is attributed to the plaintiff. To understand the local laws concerning personal injury in Louisville, CO and to understand how comparative negligence works, get help from a Colorado personal injury lawyer.
Statute of Limitations for Filing Colorado Injury Lawsuits
There are deadlines in Colorado known as statute of limitations because they are based on the state’s law or statute. You have to file for an injury-related case within the deadline and that is two years. Someone who fails to file the case within the mentioned time limit may be barred from bringing the case to the court at all.
In the majority of cases, this two-year deadline starts the day you encountered the accident. In some cases, the injured person may be unable to detect the harm he suffered as a result of the accident. In cases as such, the deadline may start running at the date on which the harm was discovered.
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