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Written by: J. Todd Tenge

How to Include Negligence in Your Personal Injury Claim?

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If you were harmed because of the negligence, carelessness, or intentional action of another person or company, you may have a personal injury claim.

Negligence is the primary cause of action for personal injury claims whether your injury was caused by a car accident, premise liability, workplace accident, medical malpractice, or product liability. 

If you have questions about a possible claim, contact the personal injury team at Tenge Law Firm today.

How to Sue a Company for Negligence

If your injury was related to the action or inaction of a company, you may be entitled to compensation. Suing a company is much like filing a lawsuit against an individual.

But it’s important to remember that big companies often have readily available legal resources and employ tactics to overwhelm you and burden you financially.

When you are determining how to sue a company for negligence, consider seeking counsel from an experienced negligence lawyer

Defining Negligence in Colorado 

There are four elements to a negligence claim. Each element must be present in an actionable personal injury lawsuit

Duty

The first element of negligence is that the defendant owes a legal duty of care to the injured party. The underlying duty is to act with reasonable care to protect you from harm. 

Breach

An unfulfilled duty of care is a legal breach of the duty. For example, if a car crashes into you while speeding, the driver of that car has breached the duty to drive according to traffic laws. 

Causation

Proving causation can be one of the more difficult components of negligence because you must demonstrate that the injury you suffered was caused by the defendant’s breach of duty.

Defendants may argue that the injury or damage was already present or that the cause was something entirely different. 

Damages or Harm

Actual damages or harm must be present if you are to succeed on a negligence claim. Establishing the amount of damages is an important step in receiving the compensation you deserve.

Different Classifications of Negligence

Though the elements of negligence remain the same, there are different types of negligence claims and defenses. 

Gross Negligence

Gross negligence is a serious form of negligence, most often associated with medical malpractice law. The negligent behavior here is reckless and not in line with the conduct of a reasonable person.

A doctor who operates on the wrong body part may be liable for gross negligence. 

Vicarious Liability Negligence

Vicarious liability negligence applies when someone is indirectly responsible for the damage that occurred. It generally arises where liability is assigned to someone who did not cause the injury but who had a legal relationship with the one who did (e.g., husband and wife, parent and child, employer and employee, vehicle owner, and vehicle driver).

Modified Comparative Negligence 

Under Colorado’s modified comparative negligence law, damages awarded are reduced by the percentage by which the plaintiff contributes to the accident.

A plaintiff found responsible for 50 percent or more of the accident, receives no compensation. This applies to all negligence cases in Colorado and is another reason that hiring an experienced negligence lawyer is so important. 

Recovering Damages from Your Personal Injury Claim

Determining how to sue a company for negligence starts with understanding how the circumstances of your case align with Colorado’s negligence law.

The team at Tenge Law Firm, LLC, is ready to help you sort through the facts of your case and determine the best legal strategy. We specialize in serious personal injury and insurance claims.

Contact us for your free case consultation.

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