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You can receive compensation for your losses in a personal injury case from the person or entity legally responsible for the accident’s cause and subsequent injuries. In cases involving car accidents, negligence is frequently shown and held legally accountable for your injuries and damages. Negligence refers to when the person in charge did not drive safely or perform another action that resulted in your injury.
Fault is the legal term denoting legal responsibility for wrongdoing that causes another person’s physical harm or financial loss. Tort liability is related to fault. Tort liability is the concept that someone is accountable for their improper actions (other than under contract.). Civil court claims and torts are related. It is a division of English common law created to address wrongs committed (under common law, social norms, or civil law offenses) without using criminal penalties. You don’t need to understand these legal liability issues when you hire car accident attorneys at Front Range Injury Attorneys.
What prerequisites must be met for tort liability?
The French term “tort” is equivalent to the English word “wrong.” Tort simply means “wrong” in English. A tort, however, is not always an act of wrongdoing. Instead of a criminal wrong, tort really relates to a civil wrong. Wrongs can be either public or private in the eyes of the law. The legal idea of “fault” is the same as tort liability.
An act or omission by the defendant (tortfeasor) that causes harm to the plaintiff without justification or excuse is referred to as a tort.
What is legal negligence?
Being careless is being negligent. Negligence is a key legal concept, which is often explained as failing to take the level of precaution that a prudent person would under the given circumstances.
Despite the fact that the word “negligence” is used frequently, it has a precise legal definition. In order to establish legal fault in your car accident lawsuit, your attorney must show certain aspects.
Negligence elements under Colorado law
A lawyer must demonstrate four components in order to establish negligence under Colorado law and show how the client’s injuries were caused.
- The defendant had a duty of care to the plaintiff.
- The accused neglected their responsibility.
- The plaintiff suffered bodily injury as a result of such breach.
- This resulted in damages for the plaintiff.
There are further legal and factual issues within these components. For instance, depending on the circumstances and legal concerns involved in your case, the duty of care owed may change. A road safety law may imply the duty of care, which is known as negligence per se. The common law may also be a source of the duty of care in a negligence case.
Can I get my damages back from someone who was at fault for my car accident in Denver, Colorado?
You may be able to recover your damages from the negligent party if the car accident was the result of their negligence. You might have to file an insurance claim as a result of that. In Denver, Colorado, a personal injury case could also result in your involvement. The skilled personal injury attorneys at Front Range Injury Attorneys can assess your case and give you advice on your legal options for seeking damages-related compensation.
How do you win a negligence case?
Your attorney must establish each factor in order to succeed in a negligence claim involving an automobile accident. You lose if the jury rules that your attorney failed to establish each aspect in your personal injury case. Your attorney must demonstrate not only each aspect of fault but also that you were injured. Only the degree that your losses are supported by the evidence at trial will a judge or jury grant damages.
The negligent party also offers justifications and supporting documentation in a lawsuit. The attorney for the negligent party may offer evidence contesting any or all of the elements of negligence. Additionally, the defendant may offer evidence to refute the dollar amount of your scooter accident losses. Contributory negligence, comparative negligence, the statute of limitations, and assumption of risk are all legal defenses to carelessness. Understanding these legal issues is your car accident lawyer’s job.
These legal issues can be complex and frustrating for a car accident victim. Hiring a qualified car accident lawyer at Front Range Injury Attorneys takes the complexity out of the equation for you and puts it in the hand of an experienced expert. Contact our Denver, Colorado law firm for your free consultation.