Colorado Insurance Requirements
In Colorado, drivers are required to carry liability insurance with a minimum coverage limit of:
- $25,000 liability coverage for bodily injury per person in an accident
- $50,000 liability coverage for bodily injury to two or more persons in a single accident
- $15,000 liability coverage for property damage per accident.
State Laws Addressing Personal Injury Claims
There are some important laws to consider that address personal injury claims in Colorado. These laws cover important aspects, such as the time limit you have for filing a claim and the amount of damages that may be recovered.
Statute of Limitations
The Colorado auto accident statute of limitation states that all tort actions for bodily injury or property damage arising out of the use or operation of a motor vehicle must be commenced within three years of the accident occurring (Colorado Revised Statute 13-80-101(1) (n) (I)).
Comparative Negligence in Colorado
Additionally, the state of Colorado operates using the "modified comparative negligence" rule (Colorado Revised Statutes section 13-21-111). Under this principle, in a personal injury lawsuit, an accident victim may recover damages against any party who was more at fault for the traffic crash. However, your compensation will be reduced by a percentage equal to your level of fault.
For example, if you win a personal injury settlement of $100,000, but the judge finds that you were 20% at fault for the accident, then your compensation will be reduced by $20,000. This means that you will only be eligible to receive $80,000. However, under the modified form of comparative negligence, you will be barred from recovering any damages if you were found to be 50% or more responsible for the accident.
Filing a Wrongful Death Claim
Wrongful death can be described as a death caused by the negligent or careless actions of another person. Pursuant to Colorado Revised Statutes section 13-21-202:
"When the death of a person is caused by a wrongful act, neglect, or default of another, the person who or the corporation which would have been liable, if death had not ensued, shall be liable in an action for damages notwithstanding the death of the party injured."
Who Can File?
Under Colorado law, only a limited number of people are allowed to file a wrongful death action. Who can file is completely dependent upon when the wrongful death suit is filed.
Within The First Year
The following people may bring a wrongful death action within the first year after the person's death:
- The decedent's spouse (has exclusive rights).
- The decedent's heirs with the written consent of the decedent's spouse.
- In case there is no spouse, the decedent's heirs or designated beneficiaries.
Within The Second Year
The following individuals may be allowed to file a wrongful death action in the second year after the person's death:
- The decedent's spouse
- The decedent's heir or heirs
- The deceased person's spouse and heirs
- The designated beneficiary.
Statute of Limitation on Wrongful Death Claims
Pursuant to Colorado Revised Statutes section 13-21-204, a wrongful death action must be commenced within two years from the date the death occurred.
Work with an Experienced
Personal Injury Attorney
Dealing with the consequences of a negligent auto accident can be overwhelming. Especially if it results in serious injuries, hospitalization, and missed time from work. Having to navigate the aftermath of a car accident on your own can be extremely difficult, resulting in significant challenges to your physical, financial, and mental health. Thankfully, you don't have to face the challenges all on your own. Hence, when you're involved in a car accident, it is important that you hire an experienced personal injury attorney to protect your rights and seek deserved compensation.
At Downs, McDonough, Cowan, & Foley, LLC, our team of attorneys has the resources and experience to help you hold the responsible parties accountable for the injuries and damages you’ve suffered. Our extensive knowledge and understanding of personal injury law can help guide you through the complexities of the legal process. We will fight vigorously on your side to protect your rights and help you pursue fair financial compensation that can cover medical expenses, lost wages, future medical treatment, and any additional pain and suffering you’ve been forced to endure. So don’t wait. Call or reach out to our firm today to schedule a free case consultation.