Establishing multiple proofs: key in personal injury cases

Hurdles.

And clearing them.

That is fundamentally what it is all about for any personal injury victim in Colorado seeking to legally place blame where it belongs and to obtain a meaningful remedy for damages that have been suffered as a result of third-party negligence.

We note the proof elements centrally involved in an accident claim and damage recovery on a relevant page of our website at the Denver- and Englewood-based legal offices of Flesch & Beck Law.

Foremost, we note therein a two-pronged requirement facing any injury plaintiff. First, that person must prove that a defendant had a legal duty to act with care and breached that duty. Second, it must be established that the negligence inherent in that behavior materially contributed to injury and damages suffered by the plaintiff.

On select occasions, it is not unduly difficult to sufficiently establish those multiple factors in a manner that persuades a judge or jury to act (or a defendant to settle prior to going to court).

Unsurprisingly, though, and as we point out on our website, it can be “a challenge” for any injured plaintiff seeking to establish another party’s negligent behavior and the resulting injury it produces. That individual’s legal team, along with insurers, witnesses, testifying experts and other parties, will heavily contest any negligence claim. They might advance the argument that no duty of care was owed by the defendant, or that an owed duty was never breached. They might contend that any damages suffered owed to the plaintiff’s own reckless conduct.

And, in the event that a duty of care and its breach are established, they might forcefully maintain that any claimed damage amount is excessive.

A proven plaintiffs’ personal injury attorney well notes and anticipates the universe of arguments and defenses that a defendant in any injury matter will rely upon in efforts to escape legal liability.

We certainly focus on the respective merits of our injury clients’ cases and the corresponding weaknesses in defense arguments that can be exploited.

As we note on our website, “Our goal is100 percent recovery and no reduction in the value of [every client’s] case.”