Caps in Colorado Unfair

Over the past two decades, Colorado lawmakers have enacted some of the harshest laws in the nation limiting the rights of everyday Coloradans. If you are badly injured due to the negligence of a business or company, you should be able to take that company to court and be fully compensated. But in Colorado, you can't. And if you or your child is a patient injured in an unsafe hospital, the restrictions on your rights are even more severe.

Corporations and health care providers that cause injury or death are protected by Colorado's laws which relieve these wrongdoers of accountability for their misconduct. Colorado is one of the few states that, in all cases, "caps" or limits compensation for "non-economic" injuries. Those are serious injuries like blindness, disfigurement, trauma, severe pain or other physical impairments that affect day-to-day life. Colorado politicians, backed by the insurance industry, passed a law capping non-economic compensation at $250,000 (with inflation adjustments, and some discretion by a judge to increase the amount up to $500,000).

The cap applies across the board to all cases, not just "frivolous" lawsuits. It applies no matter how much merit a case has, the extent of the misconduct by the reckless company, or the severity of the injury. And it applies no matter what Colorado jurors, who listen to the evidence in the case, decide that a victim needs. In fact, jurors are not allowed to be told about the cap or that their hard work reaching a careful decision will be deemed at least partially irrelevant due to this law.

To learn more about the limitations on a Colorado victim's ability to gain compensation, visit http://www.capsharmcolorado.com/.

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This page contains a single entry by Linda Chalat published on January 18, 2012 11:41 AM.

Most Hospital Errors Never Reported was the previous entry in this blog.

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