Determining Liability in a Personal Injury Case

When you file a personal injury case, the most important point to prove is who is at fault. The person who is at fault is liable for any damages or personal injury caused to you. Therefore, the job of your Denver personal injury lawyer will be to gather as much evidence as possible to prove the other party is at fault.

Types of Fault

There are four main types of fault: negligence, reckless conduct, intentional misconduct and strict liability. Negligence is the most common fault and entails someone being careless to the point where someone else is injured. Reckless conduct refers to the lack of regard for others in terms of safety. Intentional misconduct is any type of harmful or illegal act done on purpose which caused harm to someone. Strict liability most commonly refers to defective products and hazardous materials.

Types of Duties

When determining fault in a personal injury case, you will need to determine who had a duty to prevent the injury from happening. Duty refers to the responsibility to keep others from harm. For example, property owners have a duty to keep the property free of hazards, so visitors can enter the property safely. Drivers have a duty to follow the rules of the road to prevent injuries to passengers, pedestrians and other drivers. Store owners have a duty to keep their stores free from hazards, which includes spills, trip hazards and items falling off shelves. A Denver personal injury lawyer can work with you to determine duties and liability issues.

Finding the Cause

Once you determine who is at fault in your personal injury case, you will need to show how the other person caused the injury. If a driver runs through a stoplight and barrels into your car, it would be fairly simple and straightforward to show how the other party’s negligence caused your injury. However, most cases are not so cut and dry. Linking negligence to the injury is often the most difficult part of a personal injury claim. You will need as much evidence as possible. Testimonies from eyewitnesses, photos and documents are all crucial evidence that can be used in court to determine the outcome. A Denver personal injury lawyer can help you gather the evidence you need.

Contacting a Denver Personal Injury Lawyer

If you need help with your personal injury case, contact the Law Office of D.J. Banovitz. He is a Denver personal injury lawyer who can help you with your case. Contact him today at 1-303-300-5060 and request your free booklet, 7 Costly Mistakes that can Ruin Your Colorado Injury Case.

D.J. Banovitz’ career has always concentrated on trial practice and he has litigated hundreds of cases. His passion and sole career focus has been to seek justice for people suffering from personal injuries as the result of someone else’s negligence. The hallmark of the Law Office of D.J. Banovitz, is the total commitment to professionalism, quality, and personalized care of your injury case. D.J. has dedicated his professional life to helping those most in need and is a proud and active member of the Colorado Trial Lawyers Association. His experience includes volunteering for Colorado Rural Legal Services in Montrose, the Colorado Aids Project, consumer law, family law, criminal defense, and Alternative Defense Counsel for juveniles in Denver.