Colorado Springs is full of people engaging in the outdoor activities available in the beautiful Rocky Mountains. Unfortunately, this also can lead to personal injuries occurring due to the negligence of others.
If you find yourself facing the aftermath of a Colorado Springs personal injury, Dan Caplis Law is here to make sure you get the representation you need. With over 40 years of experience, our team has successfully won millions for our clients. We understand the Colorado Springs personal injury laws and how to make them work for you. Don’t hesitate to get the help you need.
Contact us today for your free, no-risk consultation and learn how we can assist you in this difficult time.
Dan Caplis Law is the Right Choice in a Colorado Springs Personal Injury Claim
A Colorado Springs personal injury claim requires experienced representation to guide you through the legal issues you might face. Here’s why our clients of Dan Caplis Law have continued to choose us in Colorado Springs personal injury claims:
- For over 40 years, Dan Caplis has successfully represented injured people throughout Colorado and won millions for our clients in the process.
- Our personal injury lawyers in Colorado Springs are available 24/7 to answer any questions. Our team will guide and update you as your case progresses.
- We operate on a contingency fee. That means that you only pay if you win.
- Whether your case requires a settlement or representation in court, we are here to guide you every step of the way.
- Our results speak for themselves. We have many satisfied clients who have won millions thanks to our team.
Proving Negligence in a Colorado Springs Personal Injury Claim
Winning a Colorado Springs personal injury claim typically requires proving that the other party was negligent. To prove that negligence caused your injury, you must successfully demonstrate the following elements have been met:
- Duty of Care: The duty of care refers to the duty to prevent reasonable harm towards others that is foreseeable. An example would be for drivers to follow traffic signals to avoid an accident.
- Breach of Duty: A breach of the duty of care occurs when one’s actions fall beneath the reasonable standard for a person in that situation. In the driver example, a driver who runs a red light by trying to speed and beat the light would be breaching the duty of keeping the roads safe.
- Causation: Even if one’s actions are a breach of a duty of care, they still must be the cause of the accident towards the victim. To prove causation, the court’s look to the “but-for” test, meaning that but for the defendant’s actions, the victim would not have sustained the alleged injuries. The injuries must have also been foreseeably caused by the defendant as well. For example, but for the driver running the red light, the victim would not have a neck fracture. Also, the neck fracture was a foreseeable injury by the plaintiff running the red light.
- Damages: Lastly, there must have been an injury that actually occurred resulting in damages that the victim can look to claim. Damages filter into various categories which have different rules and capped amounts that can be claimed.
If you or a loved one have suffered serious injuries from an accident, contact our catastrophic injury lawyers in Colorado Springs to file a claim.
Comparative Negligence in a Colorado Springs Personal Injury Claim
Comparative negligence is a legal principle that affects the victim’s recovery if the victim’s own negligence contributed to the accident. In Colorado Springs, the principal is ruled by what is known as the “modified comparative negligence” rule in C.R.S. § 13-21-111:
“(1) Contributory negligence shall not bar recovery in any action by any person or his legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not as great as the negligence of the person against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made.(2) In any action to which subsection (1) of this section applies, the court, in a nonjury trial, shall make findings of fact or, in a jury trial, the jury shall return a special verdict which shall state:(a) The amount of the damages which would have been recoverable if there had been no contributory negligence; and(b) The degree of negligence of each party, expressed as a percentage.(3) Upon the making of the finding of fact or the return of a special verdict, as is required by subsection (2) of this section, the court shall reduce the amount of the verdict in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made; but, if the said proportion is equal to or greater than the negligence of the person against whom recovery is sought, then, in such event, the court shall enter a judgment for the defendant.”
What this translates into is that if the victim’s own contributed negligence amounted to more than 50% of the cause of the injury, then the victim cannot recover anything. If the victim’s own negligence contributed to less than 50%, then the recovery is reduced by that amount. This is typically determined by a jury or court. For example, if a victim makes a turn on a yellow light and gets hit by a driver speeding, then the victim will recover whatever percentage the court determines was not the victim’s fault in turning on yellow. However, if that amount is more than 50%, then the victim recovers nothing.
If you have lost a loved one in an accident, contact our Colorado Springs wrongful death attorneys to discuss your legal options today.
Contact Our Colorado Springs Personal Injury Claim Lawyer Today
The aftermath following a Colorado Springs personal injury can be a confusing time. While you are still dealing with recovering physically and emotionally, there may be legal concerns to handle and questions about how to cover the costs following an accident. That is where Dan Caplis Law is here to help. We will handle all the legal concerns and follow up so that you can be there with your family to focus on recovery. Our diligent team of Colorado Springs personal injury attorneys are qualified to handle almost every claim, no matter what type of personal injury. Let us put your mind at ease. Call us today at (303) 770-5551 for your free, no-risk consultation and start your path to justice.