How Colorado's collateral source rule protects your Life Care Plan
Under Colorado's collateral source rule, the at-fault party cannot reduce what it owes just because you carry health insurance. If the Life Care Plan projects lifetime care costs at a certain amount, the defendant cannot argue that an insurer will cover part of it and shrink the bill. Health insurance carries lifetime limits, excludes home modifications and adaptive vehicles, and defines medically necessary care far more narrowly than a Life Care Plan does. The plan establishes the true economic need, and the collateral source rule keeps the defendant responsible for all of it.
Comparative fault in a Pueblo catastrophic case
Colorado follows modified comparative fault under C.R.S. 13-21-111. You can recover as long as you were less than 50 percent at fault, and your award is reduced by your share of fault. If you are found 50 percent or more at fault, you recover nothing. On a busy Pueblo corridor like I-25 or US-50, where commercial truck and passenger vehicle fault is routinely disputed, insurers work aggressively to push the injured party's assigned fault percentage as high as possible. Defending against that tactic with physical evidence, accident reconstruction, and driver-log analysis is a central part of how we build catastrophic injury cases for Pueblo County clients.
Government entities and CGIA caps
When a government entity such as the City of Pueblo, Pueblo County, or CDOT is at fault, the Colorado Governmental Immunity Act limits recovery separately. For claims accruing on or after January 1, 2026, CGIA caps are $505,000 per person and $1,421,000 per occurrence under C.R.S. 24-10-114. The 182-day notice requirement under C.R.S. 24-10-109(1) is a hard prerequisite: missing it bars the government-entity claim entirely. The notice clock runs from the date the injured person discovers the injury, not from the date of the crash or incident.