The amount of compensation that you are able to recover for a personal injury may be affected by the modified comparative negligence laws in Colorado. What are these laws? How will they affect your settlement or verdict? Here’s everything that you need to know:
The Basics of Comparative Negligence
In order to recover compensation in a personal injury claim, you must be able to show that the defendant caused your injuries. But in some cases, it’s possible that both you and the defendant contributed to the cause of your injuries. For example, if you slip on a puddle of water inside a retail store and injure yourself, you may try to recover compensation from the property owner because he allowed this hazard to exist on his property. However, let’s say you were distracted by a cell phone at the time of the accident. If you could have easily avoided the accident by paying attention to where you were walking, you may be partially at fault.
In these cases, the defendant and plaintiff will each be assigned a percentage of the blame. In the above example, the property owner may be assigned 80% of the blame whereas the victim may receive 20% of it. The percentage of blame that is assigned to you is important because it will affect the amount of compensation that you are able to recover.
How Modified Comparative Negligence Laws Affect Compensation
Your compensation will be reduced by the percentage of fault that has been assigned to you. Let’s say that the total compensation awarded to you was $10,000 in the above slip and fall example. Because you were found to be 20% at fault, your compensation would be reduced by 20%, or $2,000 and you would only receive $8,000.
However, some victims may not be able to recover any compensation at all if they are partially to blame for the accident. This occurs in cases where the victim is found to be over 50% responsible. Because the victim is assigned more of the blame than the defendant, the victim is not eligible for compensation.
The concept of modified comparative negligence can come into play in any type of personal injury case. It’s important that you work with an attorney who knows how to prove that the other party was at fault and that your contribution to the cause of the accident was minimal.
Have you been injured in an accident that wasn’t your fault? Seek legal representation from Reisch Law Firm today. Our team of attorneys can gather the evidence needed to prove that you were not at fault for the accident so you can recover the maximum amount of compensation. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.