Do You Have an “Actionable” Personal Injury Case?
If you have been injured and believe someone else is to blame, you may wonder whether you have a personal injury case.
Your civil claim, to be successful, must have several elements. Colorado law makes it possible to seek compensation for accident-related expenses, but if you are partially responsible for what occurred, resolving your case can be more complicated – which is why you need a strong attorney on your side.
What Are the Elements in a Strong Personal Injury Lawsuit?
The elements that must be present in a successful lawsuit are as follows:
- Duty of Care: This is the legal concept that another person owes you a reasonable duty to protect you from harm. This concept is wide-reaching and includes duties such as operating a vehicle in a manner that will not endanger others sharing the road, or keeping premises in a safe condition, or selling commercial items that do not have hidden risks, and many others.
- Breach: When the duty of care is breached – for example, by a driver operating a vehicle while under the influence of drugs or alcohol, or by a retail outlet failing to clean up spills – that is known in legal terms as “negligence.”
- Causation: The person’s actions (or failure to act) must be established as being the cause of your injuries. This is proven by “the preponderance of the evidence.” You must have supporting evidence and testimony establishing that your injuries are the result of the negligent actions of the defendant.
- Damages: To seek compensation, you must be able to prove you suffered actual losses, both economic and non-economic. Medical bills, hospital records, missing time from work, loss of ability to enjoy your life, and other evidence may be presented by your lawyer.
How Much is My Case Worth?
Every personal injury case is unique. The amount pursued in a lawsuit is established through research, with the help of professionals such as financial experts, medical experts, and mental healthcare experts. If you are found to be partially responsible for what happened, your amount of compensation may be reduced by your percentage of fault (as decided by a jury). This is called comparative negligence, in Colorado.
In one case, we represented a woman who was hit by another vehicle that crossed the center line. She suffered injuries to her lower legs, foot, and ankle, was hospitalized, and had to undergo several surgeries. Our team at the Tenge Law Firm, LLC, found three insurance policies owned by the negligent party and was able to recover $1.35 million in compensation for her – the maximum payout on all three policies. The entire process required far more than just filing an insurance claim; we needed to find all of the insurance policies held by the negligent party, and craft a case that was both compelling and revealed the full extent of the damages. We have recovered millions of dollars in damages over our years in practice, and always pursue the maximum possible amount.
What is your case worth? The first step is to speak with us in a free case consultation so we can advise you about what to expect in damages.
Why Legal Skill Is Critical in Personal Injury Lawsuits
A personal injury lawsuit is filed in civil court. Each side presents its case. The defendant’s lawyer will engage in various strategies to diminish the value of your damages. They may seek your medical records to try to prove you already suffered from some physical condition, or try to prove that you were, in part, responsible for what occurred. Settling a personal injury case successfully requires more than a thorough understanding of the law. How we tell your story, how we present the facts of the case, is a critical point in winning over a jury. They need to understand how the injury has affected your life and future. That’s where the Tenge Law Firm, LLC, excels.
If you believe you have a personal injury case, your first step is to speak with a qualified, experienced attorney. At the Tenge Law Firm, LLC, we provide legal services on a contingency fee basis – you owe us no fees unless we win. We have a strong record of success and over 25 years of experience in personal injury law. Call us at (303) 665-2929 to get straightforward facts from a legal team with a reputation for excellence.
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Todd is very thorough, diligent and knowledgable in his litigation skills and also exhibits professional decorum with clients and defense counsel.
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