Proving fault in a personal injury claim may not be as simple as you might think. In addition to solid evidence to back up your claim, you’ll also need to prove the required elements of negligence in order to show the defendant is at fault. As personal injury cases can often be very complicated, consult D.J. Banovitz, a personal injury lawyer in Englewood, before moving forward with your Colorado injury claim.
Elements of Fault or Negligence
When proving fault in a personal injury case, you will need to prove the four elements of negligence. Specifically, your case will need to address:
- Duty of care – The defendant owed a duty to take reasonable precautions and prevent harm from coming to the victim.
- Breach of duty – The defendant failed to exercise care and did not fulfill his or her duty toward the victim.
- Causation – The breach of duty directly led or contributed to the victim’s injuries and damages.
- Damages – The victim did, indeed, suffer injuries or damages.
Also, Colorado enforces the system of comparative negligence. That means you may hold some level of fault for your injuries. Before determining the compensation you are due, the judge will assign you a percentage of fault. This percentage will dictate whether and how much compensation is deducted from the damages you are owed. If you are deemed more than 50 percent at-fault for the injury, you will be unable to seek compensation for damages.
Evidence is the foundation of any successful legal claim. There are many pieces of evidence that could be helpful in proving fault and negligence in a personal injury case.
Evidence could include:
- police reports;
- drug and alcohol test results;
- witness testimony;
- medical records, bills and paperwork;
- repair receipts;
- insurance letters and reports;
- photographs from the scene of the accident; and
- expert medical testimony.
When you enlist the help of Englewood personal injury lawyer D.J. Banovitz, he can evaluate your case and assist you in gathering the proper evidence for your case. He can also help line up expert testimony, if necessary, and provide an estimate of how much compensation you are due.
Do you need help proving fault in a personal injury claim? Get the assistance of an attorney today. Call the Law Office of DJ Banovitz at 303-300-5060 to speak to a personal injury lawyer in Englewood, or learn more about filing a successful injury claim in our free eBook, 7 Costly Mistakes that Can Ruin Your Colorado Injury Case.