If you have suffered an injury or loss due to someone else’s carelessness, mistake or negligence then you may be wondering whether you have a legitimate personal injury claim. In pursuing a personal injury case, you must establish the following.
- Negligence. Someone else’s negligence (carelessness) must be proven as the cause of the accident. Examples include disobeying traffic laws, such as running stop signs or lights, or not warning someone about a danger that exists on a property. Other examples include not following corporate safety policies and procedures or failing to supervise a company employee. Negligence can also be attributed to an entity such as a business or government agency, not just an individual.
- Personal injury. A personal injury can exist physically, cognitively or emotionally. If you suffer a spinal injury to your back or neck or an orthopedic injury to your leg or arm as a result of a car crash for instance, those are physical injuries. If you experience a head injury, chronic headaches and a minor or major traumatic brain injury then these are often cognitive head injuries. Furthermore, if you suffer from severe anxiety, insomnia, post-traumatic stress, or depression as a result of your physical injury or loss of wages, that is also a personal injury.
- Compensatory damages. These are damages that can be monetarily compensated for, such as lost wages, damaged or totaled vehicles, and medical costs. “Damages” is the legal term for money awarded to compensate an injured person for his or her injuries and other losses. These can also come in the form of future medical need costs and future surgical estimates than can likely become part of your injury case.
When it comes to determining who is at fault in an accident, this can be a complex process that rquires a skilled injury attorney. Colorado operates as a tort system, meaning that fault must be established before an automobile insurance company will pay a claim. At Whalen Hersh, we are experienced in personal injury claims, and work closely with you to ensure you receive the support you deserve and the representation you rely on in a personal injury case.
When determining negligence on the part of an individual or entity, there are four components which must be proven in a personal injury lawsuit. They are:
- Duty. The defendant had a legal duty to behave or conduct itself in an expected and reasonable manner – like stopping at a stop light or making sure to follow corporate safety policies and procedures at a large company
- Breach. The defendant breached that duty by acting or failing to act in an expected and reasonable manner – like running a red light or failing to follow corporate safety policies and procedures at a large company
- Causation. The actions (or inactions) of the defendant were the legal cause of the plaintiff’s injury; and
- Damages. The plaintiff was injured or otherwise harmed as a result of the actions (or inactions) of the defendant, and money damages can remedy these harms. Some damages are economic, such as medical bills and lost wages, and others are not, such as diminished quality of life and pain and suffering as a result of injuries you sustain.
Insurance companies have teams of lawyers working to maintain their best interests, which usually means paying as little as possible in the way of personal injury claims. You deserve to have someone equally able to protect your best interest and get you the compensation you deserve for your personal injury. A skilled and experienced injury attorney will be able to accurately calculate your specific damages and obtain a settlement that truly compensates you for all your past and future economic and non-economic injury losses.
When you need an experienced personal injury attorney with a proven track record of success who will fight for your best interests, contact us today. We’re happy to provide you with a free consultation with one of our successful personal injury lawyers to discuss your viable legal options. We look forward to helping you get the fair compensation you deserve.
