Accidents, by definition, are always unexpected and could happen to anyone, any time, anywhere. Driving a car on the road is one of those activities you engage in being aware of the inherent risks, but sometimes situations can get out of control. Even if you are the most cautious driver on the road, you would expect that every other driver around you would take the same level of precaution. Sadly, that’s usually not the case. What happens when you get involved in an accident, and you are not entirely at fault? Modified Comparative Negligence is a legal concept practiced in Colorado that helps to determine the extent of liability among the parties involved and the degree of fault.
Modified Comparative Negligence is a legal framework that allows the court to determine the degree of fault, proportion of damages, and compensation in a personal injury lawsuit. Colorado is one of the few states that adopt this model to decide personal injury claims. Under this rule, you are entitled to recover an equal share of compensation as long as your share of liability is less than 51 percent. This means the court will assign a percentage of fault to each party involved in the accident and determine the amount of compensation for damages such as medical bills, lost wages, and pain and suffering.
In recent years, the courts in Colorado have increasingly employed Modified Comparative Negligence to determine the degree of liability in multi-vehicle accidents. If you are involved in an accident and found to have contributed in any way, for instance, if it was determined that you were not wearing a seatbelt at the time of the accident, your compensation would still be reduced by your share of liability. The degree of your fault would be determined based on the facts of the case, relative to the actions of other parties involved. Although Colorado is one of the few states that allow plaintiffs to recover compensation even when partially at fault, it’s always prudent to work with a knowledgeable and experienced attorney to navigate the legal process.
If you are planning to make a personal injury claim, it’s crucial to note that the legal framework surrounding Modified Comparative Negligence can be complex. Having a Colorado accident attorney with the right expertise can significantly increase the chances of getting a fair settlement. Our injury attorneys understand the intricacies of the law, including the burden of proof, the statute of limitations, contributory negligence, and the impact of the legal doctrine on your case outcomes.
Modified Comparative Negligence is a legal concept that aims to reconcile the conflicting interests of parties involved in personal injury claims. If you have been involved in an accident in Colorado and you’re considering making a personal injury claim, reaching out to a competent attorney can make all the difference. Along with offering expert legal guidance, they can help you navigate the complex court proceedings and increase your odds of getting the compensation that you deserve. With their help, you could be well on your way to recovering from the physical, emotional, and financial damage caused by accidents.