Common Personal Injury Defenses in Colorado and How to Overcome Them

Personal injury cases can be complex, especially in Colorado where various defenses may be raised by the opposing party. Understanding these common defenses and how to counter them is vital for anyone involved in a personal injury claim. Here, we’ll examine some of the prevalent personal injury defenses in Colorado and provide strategies to overcome them.

1. Comparative Negligence
In Colorado, the rule of comparative negligence applies, meaning that if an injured party is found to be partially at fault for the accident, their compensation may be reduced in proportion to their percentage of fault. For example, if you were found to be 20% at fault for an accident, your damages could be reduced by that amount. To counteract this defense, it's essential to gather as much evidence as possible to establish the other party's primary responsibility for the incident. This can include eyewitness accounts, police reports, and expert testimony that clearly delineates fault.

2. Assumption of Risk
This defense argues that the injured party knowingly and voluntarily engaged in a risky activity that led to their injury, thus absolving the defendant of liability. Common examples include injuries sustained while participating in extreme sports or recreational activities. To overcome this defense, demonstrate that the risks were not clearly communicated, or that the activity was conducted in an unsafe manner by the other party. Documenting safety protocols and any violations of those protocols can play a crucial role in countering this defense.

3. Statute of Limitations
In Colorado, the statute of limitations for personal injury claims is typically two years from the date of the injury. The defendant may use the expiration of this period as a defense against your claim. To avoid this pitfall, it’s critical to file your claim promptly and keep track of all correspondence regarding your injury. If you suspect that your claim might be close to the deadline, consult a personal injury attorney immediately to explore your options.

4. Pre-existing Conditions
Defendants may argue that your injuries were due to pre-existing medical conditions rather than the incident in question. To rebut this defense, it’s important to present comprehensive medical records and expert testimonies that establish a clear link between the accident and your injuries. This can help demonstrate the extent to which your condition was aggravated or caused by the accident.

5. Lack of Causation
Often a defendant will assert that the injuries claimed were not a direct result of their actions, leading to a lack of causation. To combat this, collect evidence that clearly connects the incident to your injuries, including medical records, treatment history, and possibly expert medical opinions. A thorough documentation of your recovery process and how your quality of life has been affected can provide critical support in proving causation.

6. First Party to File
Sometimes defendants claim that the first person to report the incident did not have a valid claim, attempting to diminish the credibility of your case. To counter this, ensure that your account of the event is consistent and backed by testimonies from other witnesses if available. Being transparent and consistent in your recounting of the events is crucial for building credibility.

In conclusion, being aware of common personal injury defenses in Colorado is essential for effectively navigating your case. By preparing your evidence, seeking legal counsel, and understanding your rights and obligations, you can better position yourself to overcome potential defenses and pursue the compensation you deserve.