Were You Injured Through No Fault of Your Own?
Few things in life are more debilitating than an injury, especially one that was caused by someone else’s carelessness or negligence. Pain and suffering at the hands of another must not go unaddressed, as injuries of any kind can result in a host of complications and inconveniences. Your injury may prevent you from working and subsequently earning an income, and could rack up enormous medical bills that may feel impossible to pay off.
At Peakstone Law Group, LLC, our Colorado Springs personal injury attorney will not settle for less than what you are owed. As such, you can count on us to go above and beyond to achieve a fair settlement on your behalf. We are compassionate to your unfortunate circumstances and understand that legal matters are the last thing you want to deal with. That’s why you can leave the heavy lifting to our personal injury lawyer in Colorado Springs while you focus on what’s important right now: Recovering.
Proving Negligence in a Personal Injury Case
To best maximize your compensation in your personal injury case, our Colorado Spring personal injury attorney must prove that the responsible party’s negligence caused your pain and suffering. Negligence is defined as a failure to behave with the level of care that an ordinary person would have exercised under the same circumstances.
We will work diligently to prove the four elements below in order to establish that the other party was negligent:
The defendant owed a legal duty to you, the plaintiff. A judge will examine certain factors to determine whether the defendant had a duty to act to protect you from foreseeable harm. The duty of care is present in many common situations, such as that owed by a business to a customer, a homeowner to a guest, or landlord to a tenant. Such elements include, but are not limited to:
- The cultivation of a risk that resulted in your injury
- Voluntary undertaking: The defendant voluntarily committed to protecting you from harm
- The defendant knows or should know that their actions will harm you
- Business/voluntary relationships: Examples include business owner and customer, landlord and tenant, guardianship of another, etc.
The defendant breached their duty by acting or failing to act a certain way.
Your lawyer must prove that the defendant’s breach of their duty caused your injury. The injury must have been bodily harm or harm to your property.
This element involves compensating the victim for their injuries. Such compensation can cover lost wages, medical bills, pain and suffering, loss of consortium and more.