Colorado Complaint For Injuries Under FELA - Jury Trial Demand

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FAQ

Colorado state law uses 50% modified comparative negligence. That means that if a driver is over 50% at fault for an accident, they give up their right to receive compensation for damages. Other states throughout the country have similar regulations in place regarding traffic accidents.

For example, if a plaintiff involved in an automobile accident previously suffered from a torn rotator cuff, the defendant would be responsible for any injuries resulting from the accident, but would not be responsible for any injuries that the plaintiff would have suffered as a result of having a preexisting condition ...

The Eggshell Plaintiff Rule Under this rule, a defendant can be liable for all of the plaintiff's injuries even if the plaintiff has a physical or mental condition that made them more susceptible to injury than a person in regular good health. This can be a pre-existing injury or physical or mental condition.

The ?shabby millionaire? rule, also known as the ?true value? rule, is a principle of recovery in personal injury law. When a defendant injures or kills a plaintiff, they are liable in civil court for damages resulting from the plaintiff's loss of income?no matter how much that income was.

Under the contributory negligence rule, the plaintiff cannot recover any damages if they contributed in any way to the incident.

Colorado prohibits a defendant or its insurer from reducing a plaintiff's damages due to a preexisting condition if the injury caused that condition to get worse. This is commonly called the ?eggshell? plaintiff rule or the ?thin skull? doctrine.

The negligence on the part of the injured plaintiff is called contributory negligence. A plaintiff ?contributes? to his own injury when his behavior falls below what is required by the reasonable person standard, which gauges what the reasonable person would have done to protect himself from injury.

The Eggshell Skull Doctrine states that the person who caused the accident will be financially responsible (liable) for the actual damages caused in spite of the fact that the average plaintiff would not have suffered the same injury severity as the man with the eggshell-thin skull.

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Colorado Complaint For Injuries Under FELA - Jury Trial Demand