What is Modified Comparative Negligence in Colorado?

judge with gavel

In Colorado, modified comparative negligence is the method through which the degree of fault in a personal injury case is determined. If you were partially responsible for your injuries, the percentage of which you were at fault will affect the damages you receive. Continue reading to learn more about modified comparative negligence.

How Will it Affect My Lawsuit?

If your personal injury case goes to trial, a jury will decide how much fault each party is responsible for and if damages should be awarded. If you are found to be 50% or more responsible for your injuries, you will not recover any damages. However, if you are 49% or less responsible, you can recover damages. The compensation you receive will be reduced by the percentage the jury decides.

For example, if a driver hit you after running a stop sign while texting and driving, but you were distracted at the time of the accident as well and made a left turn before checking to see if it was clear, a jury may find you both at fault. If the other driver was found 60% at fault and you were found 40% at fault, you will still recover damages, but it will be substantially reduced.

Proving Who Was Responsible

To improve your chances of maximizing compensation, it is essential to prove that the other party was at fault.

Your personal injury attorney can use the following evidence to strengthen your case:

  • Accident reconstruction
  • Police reports
  • Witness testimony

Hiring an experienced legal professional is crucial to ensuring the best possible results for your case, so do not hesitate to seek the assistance of a knowledgeable attorney.

Speak to One of Our Experienced Personal Injury Attorneys to Get Started on Your Case!

If you were injured in an accident that was caused by someone else’s negligent behavior, the legal team at Peakstone Law Group, LLC can provide the guidance and representation you deserve. Backed by a track of positive results, you can trust in our ability to serve you and protect your interests. We understand the difficulties you may be facing and will do what we can to reduce your burdens.

Reach out to our law firm today at 719-264-9858 to set up a free initial consultation with a member of our team to discuss the details of your case and learn more about what we can do for you. We are available 24/7.