Can I File a Claim if I Shared Fault in My Denver Accident?

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Many people share fault in Denver accidents, and because of this, they hesitate to file claims for injuries they suffer. Knowing the negligence laws in your state is essential before assuming your legal rights, because in many states including Colorado, accidents victims may file claims even when they contribute fault in an accident.

If you shared fault in an accident in Colorado, you may recover compensation as long as you were less than 50 percent at fault. Speaking to a personal injury lawyer in Denver is the best way to ensure you’re following the law and filing your claim correctly. An experienced attorney can investigate your accident and use evidence to maximize your settlement. 

Modified Comparative Negligence Law

Colorado’s modified comparative negligence law allows all victims who were less than 50 percent at fault for an accident to file claims against other negligent parents in the accident. The court will determine each victim’s percentage of fault and then deduct the plaintiff’s percentage of fault from their settlement amount.

Calculating Your Percentage of Fault

To calculate your percentage of fault, you should consider your level of negligence in relation to other negligent parties in your accident. For example, if you were injured in a motorcycle accident and you shared fault because you weren’t wearing a helmet during the wreck, you may be 20 percent at fault. The vehicle driver who hit you, however, may be 80 percent at fault because they were drinking.

You likely won’t know how your level of negligence translates to a percentage of fault in court, which is why having an experienced attorney can be helpful in your case. Attorneys who have handled many personal injury cases in the past can use past cases as examples to apply a percentage to your negligent behavior. 

Identifying Other At-Fault Parties in Your Accident

You can work with the police to gather evidence from your accident and use this evidence to identify other at-fault parties in your accident.

Evidence such as the police report, video footage, and photographs can show who caused your accident, how the accident occurred, and who may be liable for your damages. It’s possible that an individual, a company, or a government entity is liable for your accident.

Assessing the Value of Your Damages

Once you know your percentage of fault in relation to other liable parties in your accident, you can account for your damages to get a picture of how much your claim will be worth. You can recover compensation for both economic and non-economic damages.

Your accident may have resulted in medical expenses, lost income from missing work, and property damage. You may also experience pain and suffering, loss of enjoyment of life, emotional distress, and scarring and disfigurement.

When filing a claim for an accident in which you shared fault, it’s important to use key strategies to maximize your settlement. With the right legal team by your side, you can feel confident moving forward with your case.

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