Understanding Personal Injury Cases and Your Rights

Understanding Personal Injury Cases and Your Rights

Understanding that you have a personal injury case is important, as is, having the confidence and resources to gain your potentially due compensation. Dealing with accidents can be traumatic and returning to normalcy may require financial assistance. This does not have to be hindered by a fear of the law or a courtroom. Having an experienced personal injury lawyer can make a huge difference in the outcome of the larger process. 

The first appropriate step in dealing with Personal Injury should be a consultation with an attorney. During your consultation, you will review the details of your accident to see if you have recourse for a claim. There are four aspects of a case that must be established in order to understand if your claim has viability: duty owed, breach of duty, causation, and damages.   

In order to prove negligence by the injury-causing party, it must be demonstrated that the defendant owed a duty of care by the plaintiff. The duty owed to the plaintiff must then be proven to have been breached by the defendant. There are a variety of scenarios that fall under duty owed. A spill at a store would be the duty of the owner to keep the floors dry and safe, as well as posting a warning sign for customers. In an automobile accident, it would be the duty of the automobile operator to keep an adequate distance from the next vehicle. A daycare’s duty would be to ensure the proper treatment and a safe environment for the children at the establishment.

The breach of duty owed must then be proven. This is called causation. Proving causation essentially holds the defendant liable for the unsuitable scenario that caused the injury. As an example, if a child was playing at daycare, unsupervised, ran headfirst into a pointy piece of furniture, and now needed plastic surgery to remedy the injuries, this could prove causation because it is the duty of the employee to monitor the behavior of the child.

Damages are usually monetary awards paid to a claimant as compensation for an injury or loss.  Plaintiffs must prove their accident-related injuries created losses and expenses to collect damages. The definition of damages varies by state. In Colorado, damages are categorized as physical impairments, noneconomic, and economic. Each type of damage is calculated individually. However, they will be directly linked to the accident and how they have affected your life. These include pain and suffering, disabilities, and medical bills.

If you have recently been personally injured, you should find assistance. Adequately experienced legal counsel can make a significant difference in the outcome of a personal injury case and receiving compensation. Contact us at Maes Law if you have been the victim of personal injury and need help.