Proving Liability and Damages in Personal Injury Claims and Lawsuits

Lawyers and Law Firms

Under Colorado law, you have certain rights when you are injured as a result of someone else’s carelessness and negligence. In order to recover compensation for your injuries, you’ll need to show the other person’s actions or inactions – their negligence – caused your injuries and that you suffered because of those injuries.


The issue in every personal injury case is negligence and to be successful with your case, you’ll need to prove each element of negligence. If you fail to do so, your personal injury claim or lawsuit is likely to fail.

The four elements of negligence include:

  • Duty: the person who you blame for your accident and injuries had a legal duty to you to use reasonable care
  • Breach of duty: he or she breached that duty to use reasonable care
  • Causation: that breach of duty to use reasonable care caused your accident and injuries
  • Damages: you suffered legally recognized damages as a result of your accident and injuries

Proving negligence is complicated. An injury lawyer in Summit County can help you prove negligence.


After proving that the person who you blame for the accident was at fault, you must prove that you suffered damages.

Common types of damages claimed in Colorado personal injury cases include:

  • Past and future medical bills
  • Past and future lost earnings
  • Any permanent disfigurement or disability
  • Diminished enjoyment of life
  • Pain and suffering
  • Other substantial damages in the event of wrongful death

Your personal injury claim can either be submitted to the insurance company of the person who caused your injuries or you can file a personal injury case after your accident.

Regardless how you choose to proceed, the insurer does not intend to protect your best interests. Insurance companies will do all they can to resolve the matter as quickly as possible, even if it means treating you unfairly.

Our objective as your personal injury lawyers in Summit County is to ensure this does not happen. We want to maximize any settlement or award you receive and ensure it is what you truly deserve.