Personal injury law may follow general principles across the United States, but each state brings its own legal nuances that can significantly influence the outcome of a case. Colorado is no exception. With its unique laws, outdoor culture, and evolving legal framework, personal injury cases in the Centennial State stand apart from those in other parts of the country. Whether you’re an injured party seeking compensation or an attorney navigating state-specific laws, here’s what makes Colorado personal injury cases truly distinctive.
1. Modified Comparative Negligence Standard
One of the most defining characteristics of Colorado personal injury law is its modified comparative negligence rule. Under this rule, an injured party can only recover damages if they are found to be less than 50% at fault for the accident. If they’re found to be equally or more responsible, they lose the right to compensation altogether.
For example, if a court finds you 30% responsible for a car crash and your total damages are $100,000, you’d only be entitled to recover $70,000. This system is outlined in Colorado Revised Statutes §13-21-111.
2. Caps on Non-Economic Damages
Colorado law imposes caps on non-economic damages, which include pain and suffering, emotional distress, and loss of enjoyment of life. As of the most recent adjustments for inflation:
- The general cap is around $642,180
- This may increase to $1,284,370 if the court finds clear and convincing evidence of significant harm
In medical malpractice cases, additional caps apply under the Health Care Availability Act.
These limits can significantly impact high-value claims, especially those involving catastrophic injuries or wrongful death.
3. Fault-Based Auto Insurance System
Unlike some states with no-fault insurance systems, Colorado follows a fault-based system. This means that injured parties can file claims directly against the at-fault driver without meeting a medical injury threshold first.
This change came after Colorado repealed its no-fault system in 2003. For more on this transition, visit the Colorado Division of Insurance.
4. No Joint and Several Liability
In most personal injury cases, Colorado no longer recognizes joint and several liability. Instead, defendants are only liable for the percentage of damages that corresponds with their degree of fault.
For instance, if a jury finds a defendant 40% at fault in a case with $100,000 in damages, that defendant is only responsible for $40,000—even if other liable parties are unable to pay. This can complicate multi-defendant cases and may affect the plaintiff’s ability to recover full compensation.
5. Recreational Injury Protections
Given Colorado’s outdoor lifestyle, personal injury claims frequently stem from skiing, snowboarding, hiking, and mountain biking accidents. However, the Colorado Ski Safety Act limits the liability of ski resorts for inherent risks associated with skiing and snowboarding.
Skiers, for example, assume certain risks by participating in the sport. For more information, you can review the Colorado Ski Safety Act here.
6. Premises Liability Act
Under the Colorado Premises Liability Act, the duty of care a property owner owes depends on the classification of the injured person:
- Invitee (e.g., customer at a business)
- Licensee (e.g., social guest)
- Trespasser
This classification determines the extent to which an owner can be held liable for injuries that occur on their property.
7. Longer Statute of Limitations for Auto Accidents
Colorado gives victims of auto accidents three years to file a personal injury claim—one year longer than the two-year deadline for general injury cases.
The longer statute of limitations for car accidents is particularly beneficial for injuries that take time to manifest.
8. Pre-Judgment Interest Can Increase Awards
Colorado allows plaintiffs to collect pre-judgment interest on personal injury awards at a rate of 9% per year, compounded annually. This interest accrues from the time the cause of action arises, not the date of judgment—potentially increasing the overall payout significantly.
More on this can be found in C.R.S. §5-12-102.
9. Loss of Consortium Is Recognized
Colorado allows the spouse of an injured person to file a separate claim for loss of consortium—which includes the loss of companionship, affection, and emotional support due to injury. While this isn’t unique to Colorado, not every state recognizes it so clearly.
Final Thoughts
Colorado’s personal injury laws are a patchwork of protective legislation, nuanced liability rules, and evolving policies tailored to the state’s unique lifestyle and values. From skiing accidents to comparative fault laws, anyone involved in a personal injury case in Colorado should be aware of how these distinctions impact case strategy, settlement negotiations, and potential recovery.
If you’ve been injured in Colorado and want to better understand your legal options, it’s essential to work with an attorney, such Treviño Law, who understands these complex, state-specific elements. Their expertise can mean the difference between a dismissed claim and a substantial settlement.
