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Colorado · fracture

Fracture settlements
in Colorado.

By 6 min read

Colorado applies modified-50 comparative fault with inflation-indexed non-economic caps and a hard medical-malpractice ceiling of $1 million total recovery. For fracture claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Colorado's modified comparative — 50% bar and any applicable statutory cap.

Colorado applies modified comparative negligence with a 50% bar. For fracture claims, this means a claimant who is 49% at fault recovers 51% of the award, but a claimant assigned 50% or more recovers nothing. The bright-line rule materially affects fracture settlement negotiations: insurers routinely argue claimant conduct toward the 50% threshold, and the perceived risk of stepping over the line drives many claimants to settle below the band.

Colorado's caps (non-economic damages cap, medical malpractice cap) apply to the non-economic component of fracture damages and can compress upper-tier verdicts. The exact application depends on the cause of action and the head of damage; the caps section on this page sets out each ceiling and the conditions under which it bites.

band · US federal frame
$15,000 – $80,000
Wrist or arm fracture
Settlement aggregates

The US band is the starting point. Colorado's fault rule and any applicable cap then adjust the figure.

CO · statute of limitations
2 years for personal injury; 3 years for motor vehicle

Colo. Rev. Stat. § 13-80-102

CO · fault rule
Modified comparative — 50% bar

Modified comparative — recovery barred at 50% claimant fault.

CO · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in Colorado.

fracture · same region & fault regime

Compare to like jurisdictions.

How Colorado's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Colorado · you are hereModified comparative — 50% bar2 years for personal injury; 3 years for motor vehicle
HawaiiModified comparative — 51% bar2 years from date of injuryHI · fracture
IdahoModified comparative — 50% bar2 years from date of injuryID · fracture
MontanaModified comparative — 51% bar3 years from date of injuryMT · fracture
NevadaModified comparative — 51% bar2 years for personal injury; 3 years for medical malpracticeNV · fracture
OregonModified comparative — 51% bar2 years from date of injuryOR · fracture
UtahModified comparative — 50% bar4 years for personal injury; 2 years for medical malpracticeUT · fracture
GeorgiaModified comparative — 50% bar2 years from date of injuryGA · fracture
KansasModified comparative — 50% bar2 years from date of injuryKS · fracture
MaineModified comparative — 50% bar6 years for personal injury — longest in the USME · fracture
NebraskaModified comparative — 50% bar4 years for personal injury; 2 years for medical malpracticeNE · fracture
ConnecticutModified comparative — 51% bar2 years from date of injuryCT · fracture
DelawareModified comparative — 51% bar2 years from date of injuryDE · fracture
CO · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

editorial note

Figures on this page are starting points: the US band adjusted for Colorado's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Colorado. See /methodology, /sources, and /disclaimer.