What is a Tort Case and What Does it Involve in Colorado? | CourtRecords.org
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What is a Tort Case, and What does it Involve in Colorado?

A case of tort in Colorado describes the infringement of a right that results in civil legal liability. To put it differently, an individual wrongs someone in a manner that exposes him or her to damage that requires compensation. The Colorado Revised Statutes on tort laws govern such cases in the state. 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 of law handle cases with a higher value.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

  • The name of the person involved in the record, unless said person is a juvenile
  • The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

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, any tort case must show that the injury or loss suffered was because the alleged party breached the duty, whether or not it was intentional. Some intentional torts may border on criminal offenses. However, if they are not severe enough to escalate by law to a crime, it is in the plaintiff’s interest that it remains a civil case. Civil cases often yield more monetary recoveries than criminal cases. 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 has 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 favor affected parties in several ways. For example, deserving persons can expect compensation without a legal struggle. Injured victims and their lawyers may also conduct discovery. Here, the plaintiff and attorney collect evidence about the case with little or no 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 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 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 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 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 expresses as a personal injury lawsuit or a filing in the small claims category. If a government entity is an injuring party, a tort claim becomes an initial filing notice demanding compensation for injuries or losses. It is not a lawsuit filed with the court of law but a notice to the city attorney’s office where the incident occurred.

How Do You File a Tort Claim in Colorado?

Colorado Revised Statutes subsection 24–10–109 imposes that filing parties against a government entity must submit a written notice of claim before they can sue. 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 should 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 will offer a reimbursement provided the government does not have immunity protection in the case. As 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 must 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 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 to get compensation for the injuries they suffered 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?

Only the most straightforward cases with no need for a lawsuit may pass on smoothly without an attorney for a personal injury. Otherwise, personal injury lawyers are indispensable to the legal process of an injury claim. Based on their expertise, they offer useful advice and represent clients in legal processes. Their ultimate role is to see that their clients get compensation for the damages they suffered.

How Can I Find a Personal Injury Lawyer Near Me?

Anyone can locate personal injury lawyers in Colorado by searching the internet using the relevant search terms. While some law firms advertise their service online, other legal experts are visible through online directories compiled by government-owned or third-party websites. There are also links to the register of licensed lawyers in the state available on the Colorado Judicial Branch.

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