Negligence is a critical component of a personal injury lawsuit. In order for the plaintiff to receive compensation for damages, the plaintiff and his or her attorney must establish negligence on the part of the defendant. Therefore, a basic understanding of the concept of negligence is important to anyone who has sustained a personal injury as a result of an auto accident, pedestrian accident, workplace accident, slip-and-fall accident, medical malpractice, or other accident.
In a personal injury lawsuit, a person or business can be held liable for injuries sustained by the plaintiff under the legal concept of negligence. Negligence is any "conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm." The law requires that people and businesses conduct themselves in a manner that conforms to a reasonable standard of conduct. When this standard of care is violated, the law requires that the person or business compensate a person who is injured as a result.
There are four components to negligence:
There was a duty of care owed to the defendant.
There was a breach of that duty.
The breach of this duty of care was the cause of the defendant's accident.
The defendant suffered damages as the result of his or her accident.
Additionally, some professions and institutions, such as doctors and hospitals, are legally required to uphold a standard of care accepted by their practice or industry. If they fail to uphold this standard of care they may be liable for malpractice, which is based on the concept of negligence.
Who is at Fault? In order for negligence to be established, the defendant and his or her attorney must establish each of the four elements. Negligence cases often revolve around whether or not there was a breach of duty, whether or not the breach was the cause of the defendant's injuries, and to what extent the defendant suffered damages. Therefore, if you suffer a personal injury it's very important that you preserve and keep track of any documents relevant to your case, including medical bills and records, documents from insurance companies, any document you receive from the plaintiff, police reports, records of lost pay and other expenses. Your Colorado personal injury attorney can use these documents to prove the damages component of your case and maximize your compensation.
In many personal injury cases, fault does not solely lie with one defendant. For instance, if you are injured as the result of a motorcycle accident, the truck driver who struck your motorcycle may be held partially liable, and the trucking company that employs the driver and the manufacturer of the flammable material that spilled out of the truck and burned you may also be partially liable. It's very important that you and your attorney identify all possible defendants in your case to maximize your compensation. Also: you may be partially at fault under the concept of contributory negligence if you failed to wear a helmet or failed to obey traffic rules. Contributory negligence means that any compensation from the defendant(s) can be limited to the extent that you are found partially responsible for your own injuries.
Should I Hire a Colorado Personal Injury Attorney? Because a negligence case can involve multiple and complex issues, a number of different defendants,and insurance companies with a strong interest in fighting your case and virtually unlimited resources at their disposal, if you've suffered an injury as the result of someone else's carelessness you should contact an experienced Colorado attorney specializing in personal injury today. An attorney can wade through the complex issues involved, can help identify all possible defendants, can fight the insurance companies who want to pin the blame on you, and can get you the compensation that you deserve.
Frequently Asked Questions: Colorado Class Action Lawsuits
What is a Class Action Lawsuit? A class action lawsuit is one in which a group of people with the same or similar injuries sues a defendant as a group. Each group member is then eligible to receive a portion of the total compensation (if any) from the outcome of the case. This has several advantages to group members. A class action allows for legal action that might otherwise be impractical for individuals to undertake themselves. Class action participants often suffer injuries that may not be severe or expensive enough to justify the cost of taking legal action individually. As a group, or class, however, class members can consolidate and share attorneys, evidence, witnesses, and other associated costs, making pursuing class action worthwhile.
What Types of Cases Can Become Class Actions? There are many different kinds of class actions lawsuits. A class may consist of people injured by a bad drug, a defective consumer product, including defective automobiles and defective medical devices, consumer fraud, corporate misconduct, consumer fraud, securities fraud, employment practices including racial discrimination, or people injured by a massive accident such as a chemical spill or an airplane crash.
What are the Advantages of a Class Action? A class action lawsuit brings together and disposes of thousands of claims at one time that are impractical to litigate individually. A judge will make a decision with regard to the entire group. If the class of plaintiffs wins, the court finds the defendant liable for the plaintiffs' injuries, and the amount of recovery is later divided among the plaintiffs.
Because it consolidates individual claims, the class action format lowers the frequently-high cost of litigation. Also, class actions are usually brought by attorneys who are particularly trained and experienced in litigating and managing complicated lawsuits. Class actions require much more work than the typical civil lawsuit, and class action attorneys know how to represent the plaintiffs in the class action.
Can I Join a Class Action? Every person who would be affected by a court's decision in a class action is entitled to notice that the action has started. Although it typically isn't possible to give every individual personal notice, all persons who might be affected are entitled to the best notice possible. The court will order that the class representative, through his or her attorneys, make reasonable attempts to notify any unknown class members by media such as television, an advertisement in a magazine or newspaper, or a posted flyer. If you are notified of a class action you will have the opportunity to join in the action, or "opt in," or decide not participate as a member of the class: to "opt out."
If you have been injured by a product or person in Colorado and you think that there are others in your situation, you should seek legal counsel from a Colorado attorney experienced in representing class action lawsuits. An experienced Colorado class action attorney can help you navigate through the complex legal issues involved in setting up a class action, help connect you with other potential defendants, see the case through to the end and get you and others like you the compensation that you deserve.
What if I'm Injured in a Pedestrian Accident in Colorado?
Every year, thousands of people die in pedestrian accidents, and tens of thousands are injured. Pedestrian accidents can be accidents in which a pedestrian is killed or injured by a vehicle or non-vehicular: the result of poor property maintenance, sidewalk or parking lot defects, or construction or other debris. Pedestrians injured as a result of someone else's negligence may be entitled to recover damages for their injuries.
Negligence means the failure to do (or not do) something that a reasonable person in similar circumstances would have done to protect others from foreseeable risks. In a pedestrian accident, the pedestrian and his attorney must prove that: 1) the defendant owed the pedestrian a legal duty, either not to strike him with his car or to exercise a reasonable standard of care in maintaining his property; 2) the defendant breached that legal duty; 3) This breach of duty was the cause an accident involving the plaintiff; and 4) that the plaintiff suffered substantial injuries as a result of the accident.
When a person is injured in a pedestrian accident, there may be more than one party that can be held liable, including the driver of a vehicle, a commercial trucking company, the owner or party responsible for maintain a sidewalk, parking lot, or roadway, or the pedestrian him or herself. An Colorado attorney experienced in pedestrian accidents and personal injury can help sort through these issues and identify all possible defendants.
Colorado Pedestrian - Auto Accidents The outcome of an accident involving a pedestrian and an automobile depends on the duty of care owed by each party involved. Both drivers and pedestrians must adhere to the rules of the road and exercise reasonable care. If a pedestrian has engaged in careless behavior such as darting in front of a vehicle, jaywalking, or ignoring a "Don't Walk" sign, it can prevent the pedestrian from collecting all or part of the compensation otherwise entitled him. Contributory negligence may be assessed against the pedestrian for contributing or causing his or her own injury.
Driver's are expected to exercise "reasonable care under the circumstances." A failure to use reasonable care is considered negligence. Some common causes of driver negligence include:
Not obeying the speed limit
Not obeying other traffic signs and signals
Not stopping for pedestrians at cross walks
The driver is not paying attention or is preoccupied
Not paying attention to weather or traffic conditions
Failure to signal while turning
Driving while under the influence of drugs or alcohol
In addition to his or her normal duty of care to any pedestrian, a driver owes a special duty of care to children. Children represent the greatest risk of being hit by a motor vehicle, and their very presence is a warning to the driver to exercise greater care. This is especially true when a driver is driving through a school zone, near a park, or through a residential area where children are known to play.
Non Vehicular-Pedestrian Accidentsin Colorado In Colorado, those in control of land, including public land, have a duty of care to maintain their property and warn people of hazards on them. In order to prove the legal liability of a property owner, or premise liability, a plaintiff and his attorney must show that that there was a dangerous condition on the property and that the owner knew about the dangerous condition. A dangerous condition exists when something on the property presents an unreasonable risk to people on it, and the risk is not an obvious one.
Should I Hire a Colorado Personal Injury Attorney? If you're injured in a pedestrian accident, those legally responsible for your injuries might try to claim that you were negligent and were the cause of your own injuries. Call the police immediately, don't leave the scene of the accident before help arrives, gather the names and phone numbers of any witnesses, do not make any statements to anyone, and contact a Colorado attorney experienced in pedestrian accidents and personal injury. An attorney can sift through the facts of the case, protect your rights, and get you the compensation that you deserve.
What You Should Know and Do if Involved in a Colorado Motorcycle Accident
Statistics show that motorcyclists are about 26 times more likely to die in auto injury accident, and 5 times more likely to be seriously injured. Motorcycles lack crashworthiness and substantial barriers for occupant protection, and are much lighter and much less stable than a typical automobile. Due to the much greater potential for death or serious injury associated with a motorcycle accident, motorcycle riders must be more protective of their own safety and more aware of their legal rights and options than other motorists.
How are Motorcycle Accidents Different? In addition to the much greater potential for serious injury and death, motorcycle accidents present special problems and considerations not typically associated with normal car accidents. Some of the unique problems faced by motorcycles on the road include:
Visual Recognition Problems. Motorcycles are more difficult to see than other vehicles, especially at intersections, where most visual recognition accidents occur.
Road Hazards. Road hazards that are small and unimportant to other vehicles, such as potholes, oil slicks, debris, uneven pavement, and railroad tracks can be major hazards for motorcyclists.
"Wobble" Accidents. The front end of a motorcycle may become unstable and shake or "wobble," especially at high speeds, which can lead to an accident. This happens when the front and back tires aren't properly aligned. If this happens the manufacturer of the motorcycle may be liable. Contact an attorney experienced in motorcycle accidents and personal injury.
Riding Skill Problems. Driving a motorcycle requires more coordination and skill than driving a car. Some accidents can be caused in part by the rider's lack of basic riding skills or failure to understand his or her own limitations
Colorado Motorcycle Helmet Laws In Colorado, helmets are required by law for all motorcycle drivers and passengers under the age of 17. However, failure to wear a helmet can significantly reduce the amount that a motorcycle accident victim can recover in damages based the motorcyclist's contributory negligence, if it can be shown that the absence of a helmet contributed to the victim's injuries.
A helmet is by far the most important piece of equipment that a motorcyclist can wear. A helmetless rider is several times as likely to suffer a brain injury or die from trauma sustained to the head as a result of a motorcycle accident than riders who do wear helmets.
Defective Motorcycle Design or Manufacture Although several factors can contribute to a motorcycle accident, a defect in a motorcycle's design or manufacture should be considered as a potential cause of an accident, especially one where only the motorcycle rider is involved. In some cases, the manufacturer may be held liable and pay damages for a defect in the design or construction of the motorcycle. An experienced attorney can help sift through these issues and determine whether or not a manufacturer could be liable.
Should I Hire a Colorado Motorcycle Attorney? If you or a loved one have been injured in a motorcycle accident, the most important step in protecting your legal rights is to contact an experienced and skilled attorney. Issues with your potential claim, including compliance with traffic laws, motor vehicle regulations, medical treatment issues, and liability determinations, all require the expertise of an attorney who is experienced in the area of motorcycle accident liability and personal injury. If you or a loved one has been injured in a motorcycle accident in Colorado, contact a Colorado attorney experienced in personal injury and motorcycle accidents today to protect your rights and get you the compensation that you deserve.
An automobile accident involving a commercial truck, such an 18-wheeler, and a passenger vehicle can be much, much worse than a typical auto accident. A fully loaded semi truck can weigh 80,000 lbs. The average passenger vehicle weighs about 3,000 pounds. The basic laws of physics say that an accident between two vehicles with such a tremendous size disparity is going result in more serious and fatal injuries. The danger from the size disparity in commercial truck accidents can be compounded by the kind of cargo the truck is carrying. Some commercial trucks carry flammable or otherwise dangerous materials that can cause secondary injuries. If you've been injured in a commercial truck accident in Colorado you may be entitled to compensation for your injuries.
How is a Truck Accident Different? In addition to the much greater potential for serious injury and death as the result of a commercial truck accident, there are a number of special considerations that you and your auto injury attorney may need to take into account. A large commercial vehicle such as an 18-wheeler is prone to special types of accidents, such as jackknifing. The fact that a truck jackknifes, however, is not in itself proof of operator negligence, because there are many present in which there is no way to avoid jackknifing without risking some other form of catastrophe. Also, large commercial trucks make wide turns and can sometimes hit other drivers or parked cars. It's not always clear, however, what constitutes negligence in these situations. An attorney experienced in auto and truck accidents can navigate through these issues.
Additionally, commercial truck accidents may have more potential defendants than a normal auto injury case. In addition to the truck driver, trucking companies, contractors, employers, insurance companies, and in some cases the manufacturer of hazardous materials carried by the truck may also be liable. Liability, however, can be very complicated in these cases and dependent on a large number of variables. It's important that you and your attorney identify as many potential defendants as possible.
As in any auto accident, it's important to take the necessary steps to first protect you or your loved one's heath and safety, and then to protect your right to fair compensation for your injuries. Move clear of debris and potentially hazardous materials, and seek medical attention immediately. Then act to protect your rights. Keep track of any police reports, medical bills and expenses, lost wages, and any other documents relevant to your case so that you can give them to your attorney, and contact a Colorado attorney experienced in personal and auto injury to get you the compensation that you deserve.
Medical malpractice occurs when a health care provider, typically a doctor, a hospital, or a pharmacist deviates, by act or omission, from accepted standards of care in the medical field, and it results in the injury or death of a patient. In Colorado, an injured patient is eligible to receive compensation if he can establish negligence on the part the health care provider.
In order to establish negligence, the patient (and his personal injury attorney) must show four things. First, that the health care provider had a duty of care, or legal obligation to the patient. Second, that there was a breach of the duty of care: if the health care provider failed to meet the relevant standard of care established by the medical field. Third, that the patient suffered real injuries. Fourth, that this failure to meet an acceptable standard of care was the cause of the patient's injuries.
If you've been injured as a result of the actions of a doctor, nurse, hospital, a pharmaceutical company, a medical device manufacturer, or other health care provider, your personal injury attorney will need to know as much as possible about what happened to you and why. Here are some documents that you can obtain for your attorney that will help him or her prove your case and get you the best possible outcome.
Your Medical Records. If you can't obtain your medical records, give your attorney the names and addresses of the health care providers you've seen. Your attorney will then be able to obtain copies of your medical records on your behalf.
Your Mental Heath Records. If you've been treated by mental health professionals such as psychologists, psychiatrists, or psychotherapists, your attorney will need to review those records whether or not you claim that the need for the treatment was related to your illness or medical condition.
Your Insurance Information.
Your Prescription Information. Be sure to provide your attorney with the names of all prescription medications that you've taken, including the dosage.
Your Medical Bills and Invoices.
Evidence of Lost Wages. Wage records and pay stubs from before and after you were injured. If you cannot locate these, your attorney can request them from your employer.
Any Document You have Received from the Defendant.
Should I Hire an Attorney? Due to the complexity of the issues involved and experience and resources at the disposal ofmost health care providers and their insurance companies, you should contact an experienced Colorado personal injury attorney immediately if you've been injured as a result of medical malpractice. The insurance companies for the hospitals and drug companies will do everything they can to fight your claim and keep you from getting compensation for your injuries. Don't take on the insurance companies alone: call a Colorado personal injury attorney today and get the compensation that you deserve.
Checklist: What Damages have You Suffered as a Result of Your Personal Injury?
If you've suffered a personal injury, you know that the impact on you and your family can be far-reaching and devastating. Medical bills, loss of wages, pain and suffering, permanent disabilities and disfigurement, and emotional damages are only a few of the ways an injury can affect your life. However, many people are unaware of the extent of the damages that they are eligible to recover when they have suffered a personal injury.
If you've been injured in a car accident, motorcycle accident, truck accident, bicycle accident, accident at work, slip-and-fall accident, as a result of medical malpractice, or from a defective and dangerous product, you're entitled to compensation for the damages you've received. Your personal injury attorney needs to be aware of all of these damages in order to protect your rights and get you the compensation that you deserve. Here's a checklist of some damages that you may have suffered as a result of your injury.
Out of Pocket Expenses
Hospital Bills, Ambulance Bills, Doctors' Bills, Private Nurse, Drugs/Medications/Medical Supplies, Wheelchairs, Walkers, Handicapped-Accessible Vehicles, Future Medical Expenses, Travel/Hotels, Household Help, Lost Wages, Future Lost Wages, Loss of Earning Capacity, Special Training/Therapy, Property Damage.
Total Out of Pocket Expenses: $________
Damages from Physical Injury
Pain and Suffering, Future Pain and Suffering, Total Disability, Partial Disability, Future Disability, Loss of Enjoyment of Life, Lost Limbs, Lost Organs, Back/Neck Injury, Head Injury/Brain Damage, Other Injuries.
On a scale of 1-10, rate the severity of each of the damages from physical injury that you have suffered.
How your life has changed
Visible Injuries and Scars, Emotional Distress (Anxiety, Sadness, Humiliation, Anger, Fear, Frustration), Inability to do Chores or other Household Tasks, Inability to Participate in Physical Activities and Hobbies (Sports, Gardening, Playing with the Kids, Music, Cooking), Social Activities, Inability to Help Others Around You, Inability to Attend Religious Services, Future Plans Altered or Abandoned, Changes in Day-to-day Life or Routine.
List all of the ways in which your life has changed as a result of your personal injury. Be as detailed as possible.
If you've been hurt at work, in an auto accident, as a result of medical malpractice, from a defective product, or from another type of accident in Colorado contact an experienced Colorado personal injury attorney right away. Don't take on the lawyers and insurance companies by yourself. An attorney knows how to protect your rights and get you the compensation that you deserve.
From its inception 1987, Franklin D. Azar & Associates, P.C. has concentrated in cases involving personal injuries.
In recent years, we have also begun representing persons in a variety of class action lawsuits, ranging from victims of defective and dangerous products to employees who are not receiving full payment for their work from their employers. We currently maintain offices in Denver, Colorado Springs, Pueblo, and Trinidad, Colorado.
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