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