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:
- Economic damages — Financial losses such as medical costs, property repairs, lost wages and income, physical therapy costs, long-term care costs and others
- 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
- 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 Flesch & Beck Law, 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 (303) 806-8886 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.