Colorado’s civil laws allow those injured by others’ negligent and wrongful actions to file a claim for damages. Personal injury claimants may recover damages for lost income, medical bills, and pain and suffering. However, to prevail in court, a plaintiff must prove four facts about their case. If any of these four elements are missing, the case may be dismissed.
Duty of Care
The first component in a personal injury case is whether there is a duty of care. Here, the duty of care is the legal and moral obligation a party owes another in the protection of well-being and safety. The duty varies depending on the nature of the accident and who’s involved. For instance, in an auto accident, the duty is to drive with a reasonable level of care. In slip-and-fall cases, the duty typically applies to a premises owner.
Breach of Duty
The second element is proving a breach in the exercise of reasonable care, which allows blame to be put on the defendant. A plaintiff and their personal injury lawyer in Fort Collins must document that the defendant didn’t act with the same care that a reasonable person in similar circumstances would have had or that they violated a statute. Common examples of these breaches include failure to place warning signs over spills or drunk driving.
Causation
The third component is demonstrating a causal link between the plaintiff’s injuries and the defendant’s behavior. In simple terms, a plaintiff must prove that it’s more likely than not that the defendant’s actions caused them harm.
Damages
The final part of a personal injury case is documenting losses or damages to get the plaintiff the compensation they deserve. If no one was hurt and there were no damages, there is no valid claim. The most common types of damages include lost wages, pain and suffering, medical bills and emotional distress.
Personal injuries are all different, and some have lifelong effects. If a Colorado resident’s negligent behavior has caused injury, the victim can call Burton & Burton to consult a personal injury lawyer in Fort Collins.
