When someone is injured in an accident, one of the first legal questions is whether negligence played a role. Understanding this concept helps determine if you have a valid claim. If you have been injured in Jefferson County, a Lakewood personal injury lawyer from the Law Offices of James L. Finegan, P.C. can explain how negligence law applies to your situation and help you determine your legal options.
Negligence means failing to act with the care a reasonably prudent person would in similar circumstances. It is not about intentional harm, but a lack of ordinary care that causes injury. To successfully prove negligence in a Colorado personal injury case, you must establish four key elements:
The first step is to show that the defendant owed a duty of care to the plaintiff. This means they had a legal obligation to act to prevent harm. For example, drivers on the streets of Lakewood owe a duty of care to other drivers, pedestrians, and cyclists to operate their vehicles safely and follow traffic laws. Property owners also have a duty to maintain safe premises for visitors.
Next, you must demonstrate that the defendant breached that duty of care. This occurs when the defendant fails to act as a reasonably prudent person would have. If a driver in Lakewood runs a red light or texts while driving, they breach their duty of care. Similarly, a store owner who ignores a dangerous spill in their aisle has breached their duty to maintain safe premises.
Even if a duty was breached, you must prove that this breach directly caused your injuries. There are two parts to causation:
Finally, you must have suffered actual damages from the injury. These damages can include:
Without demonstrable damages, even clear negligence will not result in a successful personal injury claim.
Colorado follows a modified comparative negligence rule. This means that if you are partially at fault for your own injuries, the court may reduce your compensation. However, if it finds you 50% or more responsible, you cannot recover damages.
For example, if you were speeding through Lakewood when another driver ran a stop sign and hit you, a jury might assign you 20% of the blame. It would then reduce your award by that percentage.
Negligence is central to most personal injury claims. Understanding how it applies in Colorado is essential if you are hurt in an accident. If you or a loved one has suffered injuries in Lakewood, CO, or the surrounding areas, do not try to handle the process on your own.
Contact the Law Offices of James L. Finegan, P.C. today to schedule a consultation with a Lakewood personal injury lawyer who will guide you through the process and advocate for the compensation you need to move forward.