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Elements of a Personal Injury Case

According to Colorado personal injury law, those who have suffered injury by the negligence of another party to file a personal injury case for financial compensation, which cover medical bills, lost earnings, as well as pain and suffering.

In order to file a successful lawsuit, a plaintiff you need to prove your case contains four vital elements. These four facts are commonly known as the elements of tort. The absence of one or more of these elements will likely result in complete dismissal of a lawsuit.

The following are the four main elements of a personal injury case:

  • The duty of care – You must show the defendant had a duty of care to you. This duty is the legal responsibility one party owners to another to act in a safe manner. The duty of care varies depending on the type of accident and the parties involved. In the case of a car accident, for example, this duty is to drive with reasonable care. If it involves a slip and fall accident, it often applies to business owners or homeowners with private property.
  • Breach of the duty of care – Next, you must show the defendant breached his/her duty by failing to act in a manner that a reasonable person experiencing the same scenario would have exercised, or violated a law or statute. Common examples of a breach of duty include drunk driving or failing to place a warning sign over a store aisle spill that was there for several hours.
  • Causation – You must prove that it is “more likely than not” that their injuries were caused by the actions of the defendant.
  • Damages – Lastly, you must prove the damages or losses, you suffered in order to recover compensation. If someone isn’t injured and suffered no damages, there isn’t a valid personal injury claim. Common types of damages include medical costs, lost wages, pain and suffering, and emotional distress.

If you have been injured by a negligent party in Colorado, request a free consultation with our Denver personal injury lawyers at Gerash Steiner, P.C. today.