Have you been involved in a traffic accident in Colorado? Comparative negligence rules will determine how insurers and the state respond to your claim. Here are things to know about comparative negligence and how it impacts your case.
Determination of Fault
When negotiating settlements, claims adjusters in Colorado refer to the state’s comparative fault laws. These also guide courts and juries when personal injury claims go to court.
Your or the other driver’s contribution to the crash will determine your respective fault or negligence. However, neither insurers nor courts have a precise method to empirically determine and apportion fault.
Thus, it’s important to be represented by an experienced auto injury lawyer in Denver. In fact, The Law Offices of John D. Halepaska says that an experienced attorney will argue on your behalf, regardless of an insurance company’s legal defenses. Your legal representative’s argument may influence the amount of fault that’s apportioned to you.
Negligence in Percentage
If your personal injury claim goes to court, the recoverable damages would be determined, without regard to negligence. The court will then express the degree of each party’s negligence as a percentage. The percentages will then determine the course of the lawsuit.
Contributory Negligence May Diminish Damages
Your contributory negligence reduces the damages you can collect. The court will consider the percentage of contributions to the accident and reduce your damages in proportion to your share of the fault.
Sometimes, a court may determine your negligence to be equal to or greater than the other party’s negligence. In this case, you may not collect any damages.
Contributory negligence in Colorado doesn’t mean you can’t seek compensation from the person who caused your injuries. However, the amount of negligence attributed to you will impact your claim. Talk to an auto injury lawyer in Denver to help you smooth out the case and get a favorable outcome.