Colorado Bill an Effort to Level Playing Field in Court
Currently in Colorado, plaintiffs can be ordered by a judge to buy “cost bonds” to cover all court costs should the plaintiff lose their case. This week, a bill is being heard in the Colorado state assembly which is an effort to do away with most of the “cost bonds.” As an example, a Denver man had to choose to either drop his medical malpractice case in the death of his wife or use his children’s college fund. He could not afford the cost bonds precisely because of his wife’s hospital bills. His case was certified as having merit by medical experts.
“He had to make the really difficult decision that he could not do that, so the case was dismissed, and he never got his day in court,” said his attorney.Getting rid of the cost bonds is an effort to level the playing field.
“If every person who's going to bring a lawsuit has to come up with 10, 25, or 50 thousand dollars, what kind of court system is that? That's a court system for the wealthy, that's what it is,” the Denver attorney continued.In recent years insurance companies and other well-funded defendants have been forcing the issue of cost bonds as a way to have cases dismissed. This bill would still allow for cost bonds of up to $5,000 for out-of-state plaintiffs.
