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Elements of an Injury Claim


What Is Involved in an Injury Claim?

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People who are injured by the careless or reckless actions of others are entitled to collect reimbursement for injury-related expenses, and sometimes even additional monetary compensation. In order to recover damages in a negligence case, the person filing the claim (the plaintiff) must prove: 1) the defendant had a duty to act a certain way; 2) the defendant failed to act according to that duty; 3) the plaintiff was injured as a result; and 4) the plaintiff suffered losses and expenses due to that injury. Attorney J. Todd Tenge has been handling personal injuryclaims for Boulder, Denver, and Fort Collins residents since 1992, and has a consistent track record of very successful outcomes. Contact the Tenge Law Firm, LLC today if you would like to discuss your personal injury case during a free confidential, one-on-one consultation.

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Duty Owed

To prove negligence on the part of the person or company who caused the injury, the plaintiff must first demonstrate that the defendant owed a duty of care to the plaintiff. When the law recognizes a relationship between the defendant and the plaintiff, the defendant has an obligation to act with a reasonable amount of care toward the plaintiff – whether at home, at a business premises, on the roads, or at work. For example, motorists owe a duty of care to other motorists to drive safely and responsibly. Shopkeepers owe a duty of care to customers by keeping their shops safe and free of hazards.

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Breach of Duty

The plaintiff must subsequently show that the duty owed to him or her was breached. In other words, the defendant failed to exercise reasonable care in fulfilling that duty. For example, a shopkeeper knowingly failed to post a warning about an unstable step at the entrance of their shop, or a nursing home employee failed to provide a resident with adequate food or water.

If you have questions about personal injury claims, contact the Tenge Law Firm, LLC, in Boulder and Fort Collins, Colorado, to schedule a free consultation with our exceptional legal team.

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Causation

The plaintiff must prove that his or her injury was caused by the defendant’s breach of duty. For example, because the shopkeeper failed to warn patrons of the unstable step, a customer tripped, fell, and broke her back. Or, because a truck driver was under the influence of drugs and hit another car, the driver of that car suffered a brain injury.

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Damages

In order to collect damages, plaintiffs must be able to prove that they suffered losses and expenses as a direct result of their accident-related injuries. For example, they incurred medical expenses to treat a burn injury, or a construction accident prevented them from returning to work, causing them to miss out on a week’s worth of wages. This is a tricky part of any personal injury claim, because it is often difficult to determine the exact amount of expenses that one has incurred from an injury. However, anything that is a “consequence” of the original accident and injuries is recoverable under Colorado law. These are called “consequential damages.” In the case of a catastrophic permanent injury that requires lifelong medical care, the Tenge Law Firm, LLC utilizes an extensive base of resources to project the amount of compensation that the victim will need over the course of his or her lifetime.

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Contact Us about Personal Injury Claims

For more information about personal injury claims, contact the Boulder or Fort Collins offices of the Tenge Law Firm, LLC, also serving Denver. Attorney J. Todd Tenge can explain the elements of a successful claim, and discuss how he can help your particular case, during a free one-on-one consultation.

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When you’ve suffered a traumatic accident, the at-fault party will try to get out of paying the money you’re rightfully owed.

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