Personal Injury Deposition in Colorado
A deposition is sworn out-of-court testimony taken during the discovery phase of yourColorado personal injury case. What you say in a deposition is legally binding and can significantly impact your settlement outcome.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
$15,000 – $65,000
Avg Settlement
2 years
Filing Deadline
Deposition Tips for Colorado Injury Cases
Tell the Truth
You are under oath. Inconsistencies between deposition testimony and trial testimony destroy credibility and can sink your case.
Listen Carefully
Only answer the question asked. Do not volunteer information. If you do not understand a question, ask for clarification.
Take Your Time
Pause before answering. Your attorney can object before you respond. Never rush.
Say "I Don't Know"
If you genuinely do not remember or know, say so. Guessing can be used against you.
Review Records First
Review your medical records, accident report, and prior statements with your attorney before the deposition.
Fault Is Key
Under modified comparative fault (51% bar), any admission of fault can reduce or eliminate your recovery.
Colorado Law Overview
Colorado uses modified comparative fault with a 51% bar, so an injured party who bears majority fault cannot recover. The state mandates PIP coverage in auto policies, providing some no-fault medical benefits even in a primarily tort-based system. The statute of limitations is 2 years for personal injury. Colorado courts see significant litigation from skiing and outdoor recreation accidents under the Colorado Ski Safety Act, which limits ski resort liability in some circumstances. Premises liability claims against landowners are governed by C.R.S. § 13-21-115, which distinguishes between trespasser, licensee, and invitee standards. Colorado caps noneconomic damages in personal injury cases at $250,000 (adjustable for inflation), with a higher cap of $500,000 available upon clear and convincing evidence of extraordinary circumstances. Sovereign immunity protections apply to government entity claims, requiring strict compliance with the Colorado Governmental Immunity Act.