This form is a sample set of jury instructions regarding the type of damages to be awarded.
Colorado Jury Instruction - Personal Injury
State:
Multi-State
Control #:
US-PI-0273
Format:
Word;
Rich Text
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How to fill out Jury Instruction - Personal Injury?
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FAQ
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.
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.
The elements of a claim of negligent misrepresentation are: (1) one in the course of his or her business, profession or employment; (2) makes a misrepresentation of a material fact, without reasonable care; (3) for the guidance of others in their business transactions; (4) with knowledge that his or her representations ...
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.
The defendant (person being sued) owns the vehicle or possessed it with the owner's permission; the defendant knew or should have known that the driver was incompetent or unfit to drive the motor vehicle; and. the driver's incompetence was a substantial factor in causing harm to the injured person.
Colorado Jury Instruction for Comparative Negligence The affirmative defense of the comparative negligence of the plaintiff, (name), is proved if you find all of the following: The plaintiff was negligent; and. The negligence of the plaintiff was a cause of the plaintiff's own claimed (injuries) (damages) (losses).
Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault. In other words, the amount of damages that the plaintiff can collect is limited based on the assigned fault determined by the court.
The doctrine of ?last clear chance? is another means of assigning fault in an accident. If the injured person was partially at fault, but the defendant still had a chance to avoid the accident, the injured person may still recover.