Negligence Defined

Everyone has heard stories of people who have been injured in accidents and filed lawsuits against people who were deemed responsible for their injuries. These stories, as popularly told, tend to gloss over the details of the incidents in question, leaving the listener with the idea that when you get hurt, you can sue someone and all of your problems will go away. In fact, this is not the way the system works. People who have been injured through the negligence of others may have the right and ability to recover financial compensation from the party whose negligence caused the injury; the key word is negligence. Sometimes people use this word without actually understanding what it means.

The simplest definition of the word negligence might be failure to exercise the caution that a reasonable person would in a similar situation. This test of the reasonableness of a person’s actions is used in many cases in civil litigation. If you have suffered an injury that you believe was caused by the negligence of another person, you need to speak with an experienced Denver personal injury attorney as soon as possible. In order to make a successful legal claim for your injury, action needs to be filed within the Statute of Limitations for the particular type of incident, and the burden of proof falls on the party making the claim.

The first step to establish negligence is to determine that the negligent party had a duty of care. Whenever engaging in an activity that has the potential to cause injury, we have a legal obligation to exercise a reasonable level of care. This applies not only to actions, but to design and manufacture of consumer products, and maintenance of property that we own. In order to have a legal claim against the party who caused your injury, you need to be able to show that they had a responsibility to protect your safety.

Once a duty of care has been established, the claimant still needs to demonstrate that the duty of care was not met. Additionally, in some cases the claimant may need to pass the reasonableness test as well. Given that the party failed to live up to his or her duty of care, would a reasonable person have been able to avoid injury anyway? Finally, the claimant will need to demonstrate that damages were suffered. In other words, you will need to prove that you lost something.

Proving negligence after you have been injured in an accident is a complicated process. That is exactly why personal injury lawyers exist; they are professionals who are experienced in this process. If you have been injured in an accident in which you believe that the other party was negligent, you need to speak with a Colorado personal injury attorney to discuss your options and to help you sort through this complicated process.

Keith Fuicelli at The Law Firm of Fuicelli and Lee is a dedicated personal injury attorney who knows that people who have been injured through no fault of their own deserve compensation for their damages. Keith believes in open communication; after your FREE CONSULTATION, he will give you his honest opinion as to whether you have a claim. If he takes your case, you will have an aggressive, dynamic advocate for you legal rights and financial interests. For more information, contact Keith at (303)355-7202.