Colorado General Personal Injury Complaint

State:
Multi-State
Control #:
US-PI-0020
Format:
Word; 
Rich Text
Instant download

Description

This form is an sample general personal injury complaint which requires the insertion of the specific facts of the particular case, cause of action, and remedy sought.
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FAQ

In Colorado, the statute of limitations for premises liability cases is two years. You must file within two years from the date of the incident. If the deadline passes, you will be barred from bringing a claim of compensation for your injuries unless a very narrow exception applies.

Amount Limits Colorado limits non-economic damages in medical malpractice and in most other civil case to $250,000. In claims for injuries not caused by medical malpractice, if there is "clear and convincing justification" for a higher damage award, as much as $500,000 in noneconomic damages is permitted by law.

General damages or non-pecuniary losses are those damages which cannot be mathematically assessed at the date of trial. The predominant head of general damages in personal injury claims is pain, suffering and loss of amenity although there are a number of other heads of general damages which must also be considered.

Unlike economic damages, Colorado caps the amount of non-economic damages you can recover in a given claim. With few exceptions, the cap on non-economic damages in civil claims is roughly $500,000. Thus, most reasonable settlements for pain and suffering will not exceed $500,000.

Colorado's time limits for filing a civil action generally range from one to three years, but rent and debt collection actions have a six-year limit. The state also provides an extra year (three total) for personal injury and injury to property claims if a motor vehicle is involved.

For instance, actions related to negligence, medical malpractice, and trespass must all be brought within two years of the date of the event.

Colorado Damage Caps for Personal Injury Claims There is no cap on the amount of economic damages a plaintiff may receive in a personal injury claim, although Colorado law does limit damages for pain and suffering to $250,000 (plus inflation).

In Colorado individuals generally have two years to file a personal injury claim against the at-fault party. For automobile accidents, Colorado law extends the personal injury statute of limitations to three years.

In Colorado individuals generally have two years to file a personal injury claim against the at-fault party. For automobile accidents, Colorado law extends the personal injury statute of limitations to three years.

What Are Colorado's Negligence Laws? Colorado is a modified comparative negligence state. Meaning, the plaintiff's damages are reduced by the plaintiff's percentage of fault. But, if the plaintiff is found to be more negligent or equal to the combined negligence of the defendant, the plaintiff gets nothing.

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Colorado General Personal Injury Complaint