What Is Negligence?
Reviewed by Brennan Heuser, Personal Injury Attorney, Heuser & Heuser, L.L.P.
Negligence is the foundation of almost every personal injury case in Colorado. At its core, it means that someone failed to act with reasonable care, and that failure caused you harm. To successfully bring a negligence claim, four elements have to be proven under Colorado law.
First, the other party had to owe you a duty of care. Drivers owe a duty to others on the road. Second, that duty had to be breached. Running a red light, following too closely, or driving while distracted are all examples of a breach. Third, that breach has to be the direct cause of your injury. This is called proximate cause, and it means there has to be a clear, unbroken connection between what the other person did and the harm you suffered. Fourth, you have to have actual damages. Medical bills, lost wages, pain and suffering, and long-term disability are all forms of compensable damages under C.R.S. 13-21-111.
Colorado follows a modified comparative negligence rule under C.R.S. 13-21-111. That means you can still recover compensation even if you were partially at fault for an accident, as long as your share of fault is less than 50 percent. If you were 20 percent responsible, your recovery would be reduced by that 20 percent. If you are found 50 percent or more at fault, you cannot recover anything. Insurance companies know this rule well and will often try to push fault onto injured clients to reduce or eliminate what they owe. Having an attorney on your side helps ensure that does not happen.
If you were hurt in Colorado Springs and you are not sure whether negligence applies to your situation, call Heuser & Heuser, LLP for a free consultation: heuserlaw.com/practice-areas/personal-injury/.
Frequently Asked Questions
How Do I Know What My Injury Case Is Worth in Colorado Springs?
There are a variety of things we look at when evaluating your case and determining its value.
We look at how the accident occurred: How did someone else’s carelessness lead to the accident? Did your actions also contribute to the crash?
We also look at what sort of injuries you sustained: Do you have a permanent injury that will last the rest of your life? Are you going to have future medical bills?
We look at lost wages: Did you lose your job? If you have permanent work restrictions due to the accident, you may not be able to find a job very easily in the future.
These are only some of the factors that we look at in evaluating a claim. You may have additional losses to account for in a claim, and sometimes additional evidence or expert witnesses will be needed to support an evaluation.
At Heuser & Heuser, LLP, we can identify those factors during a free case evaluation, during which you tell us your story so we can take the first step in building a legal strategy at no financial risk to you.
Every case is unique and different. That’s why our lawyers at Heuser & Heuser, LLP give each case personal attention during case reviews and evaluations for potential claims.
Do You Usually Win Good Settlements for Your Clients in Southern Colorado Personal Injury Claims?
At Heuser & Heuser, LLP, we have a strong track record of positive case resolutions for our clients. We have settled hundreds, if not thousands, of cases where we’ve had large settlements.
We’ve had substantial verdicts. We go to the mat for our clients if necessary. We’ll appeal cases.
Each case and client has different needs and options, and we’ll do whatever it takes to take care of our clients. We can identify the right path for your case during a free case evaluation.
Why is it Important to Hire a Lawyer for a Personal Injury Claim in Colorado Springs?
Insurance companies are in business for a reason: to make money.
Anytime the insurance company is paying money on a claim, it means less money to their bottom line. They have literally hundreds of adjusters and hundreds of lawyers who are on their side trying to figure out how to prevent money from leaving their checkbooks.
Quite frankly, you do need a lawyer to help you through this because your lawyer will stand up for your interests and seek proper compensation on your behalf.
Our Attorneys
Gordon J. Heuser, Esq.
Gordon Heuser Founding Partner, Heuser & Heuser, L.L.P. | Personal Injury and Workers’ Compensation Attorney,…
Brennan D. Heuser, Esq.
Brennan Dale Heuser is a Colorado Springs native and partner at Heuser Law. He brings…
Shannon R. Colt, Esq.
Shannon Colt isn’t your typical attorney. Originally from Idaho, she moved to Colorado Springs as…
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Ask a Question,
Describe Your Situation,
Request a Free Consultation
Contact Us And We’ll Tell You Everything You Need To Know!
Required Fields*
Your Information Is Safe With Us
We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.
Injured? Contact Heuser & Heuser, LLP. We Are Committed to Providing Southern Colorado Tailored Legal Guidance and Peace of Mind On the Road To Recovery!
- Tell us your story during a free consultation
- We will tell you if you have a case and assess potential value
- Our personal injury attorneys can handle the insurance companies
- Our experienced Colorado trial attorneys will seek a settlement for the money you need while you recover, and we will represent you in court if it is necessary to pursue fair and appropriate compensation for your injuries and expenses
- You only pay us if we win money for you
- You focus on your physical recovery and your life
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