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Denver Personal Injury Overview | John R. FullerThe primary goal of a personal injury lawsuit is to compensate people who are accidentally or intentionally injured by someone else. If this has happened to you, you may have the grounds to file a personal injury lawsuit. At first, this may seem like a formidable task. Even though every case has its own unique conditions, there are a few basic guidelines that can be applied to most any personal injury case. Here is a Denver personal injury overview that will help give you and idea of what to expect when filing a lawsuit.
Negligence and Comparative NegligenceThe law of negligence governs personal injury lawsuits founded on accidental conduct. It simply means that someone owed a duty of reasonable care to the injured person, but somehow failed to uphold that duty. When this happens, the injured party is entitled to be compensated by the negligent party. In some situations, an injured person may have inadvertently contributed to their own injuries. To determine damages in cases such as these, Colorado has adopted a modified comparative negligence rule. This rule divides fault among each party and an injury victim’s recovery is reduced by the same percentage as their fault for the injury. For example, assume the victim was awarded $10,000 for medical bills incurred as a result of their injury. If it is determined that the victim was 10% responsible for causing the accident, their award would be reduced by $1,000 or 10%.
Personal Injury DamagesTraditionally, damages are divided into economic and non-economic damages. Economic damages are intended to compensate an injury victim for their tangible losses, including:
- Current and on-going medical bills,
- Loss of income and earning potential, and
- Property damage, such as auto repairs or replacement.