Colo. Rev. Stat. § 13-21-301

Current through Chapter 123 of the 2024 Legislative Session

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

(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.

C.R.S. § 13-21-301

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.

For the legislative declaration contained in the 1992 act amending subsection (3), see section 12 of chapter 167, Session Laws of Colorado 1992.