Types of Torts (Personal Injury Claims) - Front Range Injury Attorneys – Denver Personal Injury Lawyers

Types of Torts (Personal Injury Claims)

Understanding the intricacies of the legal landscape is crucial, especially when it comes to personal injury cases. In Colorado, as in many other states, the concept of torts plays a pivotal role in civil litigation. Torts encompass various wrongdoings, misconducts, or breaches of rights that can result in one person suffering harm due to the actions of another. Delving into the types of torts in Colorado is not only informative but also essential for recognizing situations where someone may be held civilly liable for the damages incurred.

If you sustained injuries in an accident in Colorado, contact Front Range Injury Attorneys today to schedule your free consultation. Our experienced legal team are knowledgeable and zealous advocates for our clients and their cases. We treat our clients as people, not case files. Learn more about how we can help you pursue compensation for your injuries and damages. Contact our Denver law firm to learn more.

Denver personal injury attorney

Deciphering a Tort Case

A tort case is a specific subset of civil lawsuits where one party initiates a claim against another party, alleging that the damages suffered were a direct result of the defendant’s actions. The core premise of a tort case is that the defendant is responsible for a tort that led to injuries and losses sustained by the plaintiff. Successful resolution of a tort case typically entails the defendant providing compensation for the harm inflicted.

In Colorado, a tort case can be based on negligence, strict liability, or an intentional tort. The nature of the claim profoundly impacts the burden of proof placed on the plaintiff, dictating the quantity and quality of evidence required to establish the defendant’s liability. It’s important to note that there is a statute of limitations in Colorado, typically two years from the date of the incident, within which a tort claim must be filed.

Negligence, the Most Common Ground

Negligence stands as the cornerstone of civil tort claims. This doctrine alleges that the defendant is at fault based on four critical elements: duty, breach of duty, causation, and damages. To secure compensation, the plaintiff must present clear and compelling evidence that establishes these elements as more likely true than not.

Duty, in legal terms, refers to the defendant’s obligation to uphold specific standards of care. Breach of duty pertains to an act of negligence or carelessness committed by the defendant. Causation establishes a causal link between the breach and the damages sustained by the plaintiff. Damages encompass the losses suffered by the victim, ranging from property damage to medical expenses.

It’s worth emphasizing that civil liability differs fundamentally from criminal cases. In a criminal proceeding, the prosecution must establish the defendant’s intent to harm the plaintiff or commit a crime. Conversely, under the negligence theory of liability, a person can be held financially accountable for a victim’s damages even if they did not intend to cause harm. A civil negligence case only necessitates demonstrating the defendant’s breach of duty in connection with the plaintiff’s injuries.

Examples of Negligence Torts

  • Auto Accidents: When a driver fails to exercise reasonable care, resulting in an accident causing injury or damage.
  • Truck Accidents: Similar to auto accidents, but involving larger commercial vehicles, often with more severe consequences.
  • Slip and Falls: Property owners can be held liable if someone slips and falls due to unsafe conditions on their premises.
  • Pedestrian Accidents: Drivers have a duty to exercise caution around pedestrians, and negligence can lead to accidents.
  • Premises Liability: Property owners must maintain safe conditions, and negligence can result in injuries to visitors.
  • Medical Malpractice: Healthcare providers have a duty to provide a standard level of care, and failure to do so can lead to malpractice claims.

Strict Liability: An Alternate Route

While negligence is a common basis for tort claims, there’s an alternative route to obtaining compensation—strict liability. This legal theory asserts that an individual can be held financially responsible for damages even in the absence of negligence, under specific circumstances. Certain areas of law allow for contentions of strict liability.

Examples of Strict Liability Torts

  • Product Liability: Manufacturers and distributors can be held liable for injuries caused by defective products.
  • Dog Bite Claims (in Some States): Some jurisdictions impose strict liability on dog owners for injuries caused by their pets, regardless of prior behavior.
  • Dangerous Activities/Assumption of Risk: Engaging in certain activities, such as extreme sports, may expose individuals to strict liability if injuries occur.

Intentional Tort: Deliberate Wrongdoing

In contrast to accidental or careless harm, an intentional tort involves a defendant deliberately committing a wrongful act with the intent to harm the plaintiff. This goes beyond mere negligence; it entails conscious, malicious, and purposeful actions that foreseeably result in harm. An intentional tort can lead to both criminal and civil liability for the defendant.

Examples of Intentional Torts

  • Assault: An intentional act that causes the victim to fear imminent bodily harm.
  • Battery: The deliberate physical contact or harm inflicted on another person without their consent.
  • Sexual Assault: Non-consensual sexual contact or activity perpetrated intentionally.
  • Burglary: The act of breaking into and entering another person’s property with the intent to commit a crime.
  • Homicide: The intentional killing of another person.
  • False Imprisonment: Restraining or confining someone against their will.
  • Fraud: Intentionally deceiving another person for personal gain.

Talk to our personal injury lawyers in Denver

If you or a loved one has suffered an injury in Denver, Colorado, as a result of any type of tort, it is highly advisable to consult with a personal injury lawyer. Depending on the circumstances, you may have the opportunity to hold another party accountable for your damages by pursuing a claim based on negligence, strict liability, or intentional tort. Understanding the nuances of these torts is not only essential for legal purposes but also empowers you to make informed decisions when seeking compensation for your losses.

Colorado Personal Injury Lawyers

If you sustained injuries in an accident caused by someone else’s negligence, you have the right under Colorado law to pursue compensation for your injuries and financial losses caused by the accident. Our experienced Colorado personal injury lawyers at Front Range Injury Attorneys help clients across the state pursue insurance claims and litigation to be made whole. We represent clients in a wide range of accidents including car accidents, truck crashes, motorcycle accidents, slip and fall incidents, pedestrian collisions, workplace accidents and wrongful death. We help clients in all four corners of Colorado, including:

Contact our law firm to schedule your free consultation with our attorneys. You can speak with our personal injury lawyers at no cost and no obligation to learn more about how we can help you get justice for the harm inflicted by another person’s carelessness.

Accessibility Toolbar