What is a Tort Case, and What Does it Involve in Colorado?

A case of tort in Colorado generally refers to the infringement of a right that results in civil legal liability. They are civil cases resulting from deliberate or unintentional wrongdoing that led to direct or indirect harm to the claimant. The Colorado Revised Statutes on tort laws govern the resolution of these cases. Small Claims Courts in the states specialize in handling tort cases against private entities (individual or private agency) of damages involving not more than $7500. County Courts typically handle cases with a higher value.

Records of civil court records and all other public records may also be accessible from some third-party websites. These websites are a convenient alternative to government-owned resources since they aggregate records across multiple jurisdictions and provide multi-search options for inquirers searching for more than one record. To lookup public records using these sites, inquirers may need to provide the following information:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the document or person involved

Since aggregate sites are operated independently of government sources, record availability and accuracy cannot be guaranteed.

What is Colorado Tort Law?

Colorado Tort Law is a system of rules that underpin the legal framework of some non-contract civil matters in the state. Torts in Colorado may be negligent, intentional, or strict liability. Under the law, tort cases are typically expected to show that the injury or loss suffered was because the alleged party breached an agreement or failed in their legal duties, whether or not it was intentional. Some intentional torts may border on criminal offenses. However, if they are not severe enough to be considered a criminal offense, it may be in the plaintiff’s interest to resolve it as a civil case since civil cases often yield more monetary recoveries to the benefit of the claimant. Colorado Tort laws (13–21–102.5) limit how much damage a filing party can get in a case regardless of how many injuries they suffer. The statute of limitations for tort cases in Colorado is a relatively short time frame. Injured persons have a time limit of two years to file a personal injury suit and 180 days for government-owned entities. Some aspects of the law typically favor affected parties in different ways. For example, plaintiffs deemed deserving may expect compensation without significant complication. Victims and their lawyers may also conduct discovery before a hearing. Here, the plaintiff and attorney collect evidence about the case with minimal restrictions to prepare for the trial.

What Kinds of Cases are Covered by Tort Law in Colorado?

Some tort cases heard in Colorado Courts are usually injury claims arising from:

• False imprisonment
• Trespass
• Defamation of character
• Health malpractice
• Auto accidents
• Product liability
• Pet attacks

What are the Differences Between Criminal Law and Tort Law in Colorado?

Criminal law and tort law share a commonality of redress for the plaintiff involved in the case. However, some differences exist between them:

• Criminal law is a system of rules that handle offense against humanity, which threatens society’s safety. Offenses under criminal law typically include violent crimes such as rapes, murders, aggravated assaults, and robberies. On the contrary, Tort law provides a set of rules that guide disputes that arise because of breaches or disagreement between two persons, typically with no criminal Intent.
• The criminal justice process is, generally speaking, a more thorough and laborious process than that of the tort legal process. The criminal justice process seeks to ensure that justice is served to the right individual and never to an innocent person. Tort laws are not altogether flimsy, but there are lines of compromise based on the reasoning that allowed discretionary rulings to occur on each case’s merits.
• The recovery of damages is often lower in value as per criminal law when compared with that of tort law. Tort law borders on civil disputes that demand compensatory adjudications, while criminal law predominantly borders on punishing the wrongdoer in a punitive manner.

What is the Purpose of Tort Law in Colorado?

The purpose of Colorado tort laws is primarily to protect citizens’ rights to compensation in the event of an injury caused by government entities and private entities. It also protects alleged parties from undue exploitation by frivolous tort claims or suits.

What is a Tort Claim in Colorado?

Colorado statutes’ tort claim is an official notice of the occurrence of injury and a demand for compensation. In Colorado, the notice of a tort claim to a private entity is expressed as a personal injury lawsuit or a filing in the small claims category. If a government entity is the defendant, the tort claim becomes an initial filing notice demanding compensation for injuries or losses. It may not always be a lawsuit filed with the court of law but can be a notice to the city attorney’s office where the incident occurred.

How Do You File a Tort Claim in Colorado?

As specified by, Colorado Revised Statutes subsection 24–10–109 parties who are filing a claim against a government entity may be required to submit a written notice of claim before they can sue. They should complete the online form and submit it electronically or by hand to the city attorney’s office where the incident occurred. For example, residents in Denver should submit to:

Claims Department
City Attorney’s Office
201 W. Colfax Ave., Dept. 1108
Denver, CO 80202

The city attorney’s office would typically start an investigation. It could last about 6 to 8 weeks, depending on the circumstances of the incident. Suppose the review of the investigation report shows that the government entity is at fault. In that case, the authorities may offer a reimbursement provided the government does not have immunity protection. Per Colorado comparative fault rules, only 90% of the total value of damages sought is given to the filing party in negligence tort cases.

What Does a Tort Claim Contain in Colorado?

Filing parties are typically expected to include the following information in their notice of claim:

• The full names and contact addresses of all persons involved in the incident
• A clear but brief description of how the incident occurred
• A concise description of the extent of injury or losses suffered
• The financial value of the damages sought

What Happens after a Tort Claim is Filed in Colorado?

It usually takes about six to eight weeks for a filing party to get a notice of the outcome of their claims filed with the city attorney’s office. The notice may show that they deserve compensation for their injuries or that the claim lacks merit. If the latter is the case, such parties may sue with the relevant court in the same county or city where the incident occurred. The state’s laws encourage filing parties to have attorney representation from the inception of filing the notice of claims.

Why Do I Need a Personal Injury Lawyer for a Tort Claim?

Parties involved in a tort claim may seek legal representation while resolving a tort claim. Personal injury lawyers may be especially useful during the legal process of an injury claim. Based on their expertise, they may offer useful advice and represent clients in legal processes. In a general sense, their ultimate goal is to see that their clients get compensation for the damages they suffered.

How Can I Find a Personal Injury Lawyer Near Me?

Anyone may locate personal injury lawyers in Colorado by conducting an internet search. While some law firms advertise their services online, other legal experts are visible through online directories compiled by government-owned or third-party websites. The Colorado Judicial Branch also has links to the register of licensed lawyers in the state.