Personal injury refers to an injury to a person’s body—also known as bodily injury—or to their mind or emotional well-being—also referred to as emotional distress or pain and suffering. The term personal injury is also used to refer to a broad category of legal claims involving personal injuries or death.
Claims for personal injuries are generally known as torts—wrongful acts that are done intentionally or negligently, or for which there is liability without proving negligence (strict liability).
Personal injury claims are primarily a matter of state law and may be compensated by the court system if the injured person—also known as the claimant, or the plaintiff if a lawsuit is filed—can prove liability (another person or entity caused the personal injury) and damages (medical expenses, permanent disability, death).
In Colorado, personal injury law covers harm to an individual's body, mind, or emotional well-being. These claims fall under the category of tort law, which addresses wrongful acts that may be intentional, negligent, or subject to strict liability (where fault is presumed regardless of negligence). To succeed in a personal injury claim in Colorado, the injured party (claimant or plaintiff) must demonstrate that another party is liable for their injuries and that they have suffered damages as a result. Damages can include medical expenses, permanent disability, and in cases of wrongful death, compensation for the loss of a loved one. Colorado law sets specific statutes of limitations for filing personal injury claims, which is generally two years from the date of injury, but can vary depending on the specific circumstances of the case. Additionally, Colorado follows a modified comparative negligence rule, which means that if the claimant is found to be partially at fault for their own injury, their compensation may be reduced proportionally. If they are found to be 50% or more at fault, they may be barred from recovering any compensation.