Liability
Liability is a major part of a personal injury case. If you or a loved one have been injured, liability refers to whether someone else is responsible for your injuries or damages.
Understanding liability is a pivotal part of personal injury cases. If liability is successfully established using evidence, compensation may be recovered for injuries and other losses.
What Is Liability?
Liability is a legal term that refers to being responsible for something. In personal injury cases, someone is “liable” for your injuries or damages if they are legally responsible. Individuals, companies, and other entities may be liable when they fail to adhere to specific standards of conduct, causing you harm.
You will need to establish liability in your case to be awarded compensation. Liability can manifest in different forms, including negligence, strict liability, and intentional torts. Negligence involves a failure to act with the level of care that a reasonable person would under similar circumstances.
Strict liability, on the other hand, applies in certain situations regardless of fault, such as when defective products cause injury. Intentional wrongs, while less common, involve situations where your injury results from deliberate conduct.
Proving Liability in Denver, Colorado
Proving liability is a multi-step process. You will be required to establish several elements for the judge or jury. If you fail to do so by a preponderance of the evidence, you will fail to establish liability. This means you will also not have a right to compensation.
Liability requires showing four elements:
- Duty of Care: There must be a duty of care owed by the defendant (the party alleged to be at fault) to you. This duty varies depending on the relationship between the parties and the situation.
- Breach of Duty: You must demonstrate that the defendant breached this duty of care through action or inaction. This involves showing that the defendant did not act as a reasonably prudent person would have under similar circumstances.
- Causation: You must prove causation, meaning that the defendant’s breach of duty directly caused your injury. This involves linking the defendant’s actions or inactions directly to your harm.
- Damages: You must demonstrate damages, which are the losses resulting from the injury. These can include medical expenses, lost wages, and pain and suffering.
Denver personal injury lawyers will use evidence, witnesses, and other information to prove liability.
Examples of Liability in Personal Injury Cases in Denver, Colorado
Liability determines who is at fault for the injuries you sustained in a personal injury case and who must pay for them. Common personal injury cases include auto accidents, slip and fall incidents, medical malpractice, and product liability claims.
For example, in an auto accident, liability might be established by showing another driver was speeding or distracted, which caused a crash. In a slip and fall case, liability might be established by showing a property owner failed to maintain safe conditions and left a floor wet. Every case requires a thorough investigation into facts and circumstances surrounding your injury to determine liability.
How a Denver Personal Injury Lawyer Can Help Establish Liability
A Denver personal injury lawyer is important in helping accident victims prove liability. A lawyer will investigate your accident, identify all potentially liable parties, and gather supporting evidence.
Denver personal injury lawyer can do the following:
- Investigate Your Case: Lawyers have the resources and expertise to conduct a thorough investigation. This includes gathering evidence and identifying all potential sources of liability.
- Develop Legal Strategies: A lawyer will determine the best approach to establishing liability in your case and maximizing compensation.
- Handle Negotiations: Many personal injury cases are settled out of court. A lawyer can negotiate with liable parties or their insurance companies. They can make sure you receive a fair settlement and not a lowball offer.
- Represent You in Court: A lawyer will represent you in court, present your case, and argue liability. This is important if a settlement cannot be reached. A lawyer will present your case to prove the elements of liability.
An experienced Denver personal injury lawyer can help you establish liability in a complex personal injury case.
Schedule a Free Consultation With a Denver Personal Injury Lawyer
Understanding liability in your personal injury case is essential. Whether through negligence or intentional wrongdoing, establishing liability is key to obtaining compensation for injuries you suffered. An experienced Denver personal injury lawyer will do so on your behalf. Call Zaner Harden Law at (720) 613-9706 or contact us online to schedule a free consultation to protect your rights and maximize your chances of favorable compensation.
