How We Will Prove Damages After Your Accident

Proving your damages after an accident is going to be a challenge, and the defendant is going to contend that your damages are much lower than we ask for, no matter what we ask for. Proving the value of your damages and proving negligence in a personal injury claim are two different things.

To prove negligence in your personal injury claim, we must prove duty of care, breach of that duty, causation and damages. What are damages? They include your injuries and losses resulting from the accident, which can be:

  1. Economic damages — Financial losses such as medical costs, property repairs, lost wages and income, physical therapy costs, long-term care costs and others
  2. Noneconomic damages — Compensation for pain and suffering, post-traumatic stress disorder (PTSD) and other nonquantifiable damages you experience and document relating to your accident and injuries
  3. Punitive damages — Not available in all cases, but meant to punish extreme negligence and deter similar incidents from occurring in the future

The First Step Is Proving Negligence

The duty of care refers to the obligation of a person or business to prevent injury to others by minimizing dangers in accordance with all applicable laws and reasonable expectations of safety. Defining what is reasonable varies from case to case, and it can have substantial impact on the merits of your personal injury claim. Proving the duty of care in any personal injury case must be accomplished by an experienced attorney.

Proving breach of duty may be simple or difficult, depending on the circumstances of your case. However, in any case, witness testimony and pictures of the accident scene are vital in proving that the defendant did indeed breach the duty of care and exhibited negligence.

The last element of proving negligence is proving that action or inaction by the defendant was the actual cause of your accident and injuries. Without doing so, the defendant may claim that the cause was your own carelessness.

Your compensation could be reduced by the ratio of negligence attributed to you in the accident.

For example, in Colorado, if you were not wearing your seat belt in a car accident, it is assumed that you are 25 percent at fault, and the jury will reduce/offset your compensation by 25 percent.

Proving The Value Of Your Damages

Achieving the full and fair compensation you deserve for damages is a process involving examination of your medical records, your medical treatment(s), your physician's prognosis, your potential long-term costs, lost income, and pain and suffering. It involves negotiation with insurance companies at very granular levels, and it may involve obtaining expert witness testimony to maximize your compensation.

At FleschLaw, our team will work to minimize your potential liabilities and any possible defense argument that you were somehow at fault in the case. This requires thorough legal work and a willingness to go to trial and prove all the elements of negligence for maximum value.

Our goal is 100 percent recovery and no reduction in the value of your case.

Please Contact Us To Speak With A Lawyer

Our priorities are stellar customer service and maximized results. With over 20 years of trial experience in Colorado, our team is primed to secure your best possible compensation in all legal forums. We handle all aspects of litigation and all communications with insurance companies on behalf of our clients, but we will also keep you informed throughout the process, allowing you to make smart decisions along the way.

Please call us at 720-689-0322 or email our team to speak with a lawyer for free by phone or in one of our offices in Denver or Englewood. We look forward to discussing your unique legal needs and concerns.

“ I was Injured and they paid ”

I was hurt when I was rear ended and I used up all my insurance money on treatment for my injuries. I went to Kevin to get fair compensation. His office was very helpful, explained the process and then they followed through like they promised. I got my medical expenses paid and money for future treatment plus I got money for pain and suffering. I was very surprised by the result. – Linda

“ Really Happy ”

I went to Fleschlaw after hearing an ad on the radio. I interviewed several attorneys and Kevin and his staff made me feel the most comfortable. They explained the process. The car accident really messed up my life. I needed help with my medical bills, lost wages and pain and suffering. We just got the case resolved. It was a long process but I am very happy with the results. I would refer anyone to Fleschlaw if they get in a car accident. – Sara

“ Fleschlaw took care of my case when other lawyers stopped helping ”

I was with another firm that dropped me after they didn't get a settlement right away. I am so glad they did. I found Fleschlaw and they quickly filed suit and fought for my rights. We were set for trial in April and we settled the case when the insurance company finally paid a fair amount for my long term problems. I would refer Kevin and his staff to all of my friends and family. – Dana

“ Very Happy ”

I retained Fleschlaw to handle my claims against someone who hit me last year. The insurance company was jerking me around and I was really mad at how awful I was being treated. Kevin met with me and he made me feel less anxious right away. The firm handled the claim professionally and their customer service was the best I have ever experienced with any lawfirm. The results have changed my life. – Mary

“ Fleschlaw knows car accidents ”

I was involved in a hit and run while driving for work. I was referred to Kevin from my worker's comp. lawyer. Kevin and his staff were great. The process was really confusing but he explained everything and did exactly what he said would happen. I got my money fast and I am back to work. - Valinda

“ Kevin did a great Job!! ”

I had a personal injury case and I started with another lawyer and that lawyer would never call me back or talk with me. I called Kevin to get a second opinion and he was so helpful I switched lawyers. I am so glad I did. He went to bat against the insurance company and finally got them to pay me more than I was expecting. - Mandy