How do you prove negligence in a personal injury case?

What is negligence, legally speaking?

Negligence means failing to use reasonable care, and someone being hurt because of it. A personal injury claim is a civil case that asks for money, called damages, to make up for your losses. The injured person has the burden of proving the other party was negligent. Negligence is also what separates a true accident from an injury that can support a claim.

To prove it, you show four things:

1. Duty. The other party owed you a duty of care.
2. Breach. They failed to take reasonable steps to keep you safe.
3. Causation. Their failure caused your injury.
4. Damages. You suffered real losses as a result.

How do you show the other party owed you a duty?

By showing the relationship that created the responsibility. Many relationships carry one:

• One driver to others on the road. Commercial drivers have extra rules.
• A property owner to people on the property. In Colorado, Colorado’s Premises Liability Act sets what a property owner owes you based on why you were there: the most to invited customers (invitees), less to social guests (licensees), and the least to trespassers.
• An employer to employees.
• A dog owner to people near the dog.
• A product maker to consumers.
• A doctor, nurse or clinic to patients.

Often this part is simple and is agreed on by both sides. Testimony and records can establish who was responsible for what.

How do you show the duty was breached?

By comparing what the person did with what a careful person would have done. If a driver was texting, followed too close or ran a signal, that points to a breach. If a store ignored a spill for hours, so does that. Evidence can include:

• Video from dashcams, traffic cameras or store security.
• Witness testimony.
• Photos of the scene.
• Safety rules, company records or maintenance logs.
• Testimony from a professional, such as a medical witness in a malpractice case or a trucking witness who can explain federal driver rules.

How do you link the breach to your injury?

By showing the breach caused the incident and the incident caused your injuries. It is not enough that someone was careless. You need to show that carelessness led to what happened to you. The same video, photos and witness accounts often prove both. Your medical records are some of the most important proof that the crash caused your injuries. See a doctor soon after, and follow the treatment plan.

How do you prove your losses?

With documents and, for pain and suffering, with your own account.

• Medical bills and records.
• Pay stubs and employer letters showing missed work.
• Repair estimates for your car or property.
• A journal of pain, limits on daily life and missed activities.

Pain and suffering and emotional distress are harder to put a number on. Your lawyer may ask you to keep notes and to describe the change in your life.

What if the other side says you were also careless?

Colorado compares fault. You can still recover if you were less than 50% at fault, but your award is reduced by your share of the blame (C.R.S. § 13-21-111). Expect insurers to look for any sign you contributed.

When should you get legal help?

As early as you can. Evidence like video is overwritten and memories fade. A lawyer can collect it, identify who owed you a duty and put the pieces together. Whether it is a distracted driver, a property owner who ignored a hazard or a company that skipped safety steps, you may have a claim. Talk to us for a free case review.