Colorado § 13-21-301 Settlements, releases, and statements of injured persons

Colorado Statutes

§ 13-21-301 — Settlements, releases, and statements of injured persons

Colorado·Title 13 Courts·Art. Damages

(1)If a person is injured as a result of an occurrence which might give rise to liability and said person is a patient under the care of a practitioner of the healing arts or is hospitalized, no person or agent of any person whose interest is adverse to the injured person shall:

(a)Within thirty days after the date of the occurrence causing the injury, negotiate or attempt to negotiate a settlement with the injured patient;

(b)Within thirty days after the date of the occurrence causing the injury, obtain or attempt to obtain a general release of liability from the injured patient; or

(c)Within fifteen days after the date of the occurrence causing the injury, obtain or attempt to obtain any statement, either written, oral, recorded, or otherwise, from the injured patient for

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(1) If
a person is injured as a result of an occurrence which might give rise to liability and
said person is a patient under the care of a practitioner of the healing arts or is
hospitalized, no person or agent of any person whose interest is adverse to the
injured person shall:

(a) Within thirty days after the date of the occurrence causing the injury,
negotiate or attempt to negotiate a settlement with the injured patient;

(b) Within thirty days after the date of the occurrence causing the injury,
obtain or attempt to obtain a general release of liability from the injured patient; or

(c) Within fifteen days after the date of the occurrence causing the injury,
obtain or attempt to obtain any statement, either written, oral, recorded, or
otherwise, from the injured patient for use in negotiating a settlement or obtaining
a release except as provided by the Colorado rules of civil procedure.

(2) Any settlement agreement entered into or any general release of liability
given by the injured patient in violation of this section shall be void. Any statement,
written, oral, recorded, or otherwise, which is given by the injured party in violation
of this section may not be used in evidence against the interest of the injured party
in any civil action relating to the injury.

(3) Nothing in this section shall preclude the taking of statements by peace
officers, as defined in section 24-31-301 (5), C.R.S., acting in their official capacity in
the ordinary course of their employment, and nothing shall preclude the use of such
statements for any purpose permitted by statute or rule of court applying to the
admission of evidence.

Colorado § 13-21-301 (Settlements, releases, and statements of injured persons) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 75: Entire part added, p. 571, � 1, effective July 1. L. 83: (3) amended, p. 962, � 5, effective July 1, 1984. L. 92: (3) amended, p. 1097, � 4, effective March 6. L. 96: (1) amended, p. 1137, � 2, effective July 1.