Proving Negligence in a Personal Injury Claim
When a person is injured following an accident, it may be necessary to file a personal injury claim with the help of a skilled Denver CO negligence lawyer. To sort out whether or not filing a claim would be the appropriate action, you must determine that the property owner was at fault for causing the accident as a result of their negligence. There are three key ways to prove negligence on the part of the property owner: duty of care, breach, and fault.
Consulting with a Denver CO negligence lawyer may prove to be helpful when considering a personal injury claim. With their experience, they can help you file the appropriate paperwork, protect your interests and maximize your claim.
Duty of Care and the Defendant
When proving negligence, it must be determined that the property owner was responsible for upholding duty of care, and then failed to do so. Duty of care is the property owner’s responsibility to keep their property safe, as a Denver CO negligence lawyer can explain. In order to do so- it’s essential to show steps that were not taken to prevent an accident from occurring. For example, if a property owner failed to salt their walkway in a slip and fall accident or if a person were to run a red light or a stop sign resulting in a car accident. Essentially, it is a commitment to act responsibly in an effort to prevent injury to another person.
Who is to Blame?
To have a personal injury lawsuit be successful, Denver CO negligence lawyer must be able to prove how the person did not uphold their responsibility to duty of care. Why and how are they to blame for the injuries sustained by the claimant? Your attorney will do this by investigating the scene of the crime, talking to people who witnessed the injury take place, and examining any evidence that may be available. If the defendant ran a stop sign that resulted in them hitting your car and causing the accident, a breach of duty can be proven.
Causation is a key piece to any personal injury claim. Causation means that you sustained injuries as a result of the defendant’s actions. Your attorney would gather as much information as possible to prove that you were injured from the accident. This may occur by utilizing your medical records as evidence. It’s important to note that you cannot file a personal injury lawsuit and sue for damages if you did not sustain an injury as a result of an accident.
Always speak with a personal injury attorney to consult around the particular details of your case. They will be able to appropriately assess if all factors are present to move forward with a personal injury claim. Most of the time, attorneys offer a free initial consultation as a way to discuss case specifics. With the knowledge of an experienced Denver CO negligence lawyer, you can better endure a legal process that can at times be lengthy, complex and tedious, with ease. Contact our firm today.