In personal injury cases, negligence is most often cited as the cause for a lawsuit. Gross negligence, in general, means that an individual failed to exercise the level of care that a reasonable person would exercise in a given situation to ensure another person’s wellbeing.
This general overview of negligence is used to form the two systems of negligence that courts across the country use. Different states implement different systems of negligence, so what may be considered negligent in one area of the country may not be considered negligent in another part of the country.
One system of negligence is contributory negligence. This form of negligence requires that the person who sues for negligence does not, in any way, have fault in the case. States that use this system of negligence are:
If the person is found to have even a small amount of fault in the case, he or she is not eligible to receive financial compensation for his or her injuries.
The other form of negligence is comparative negligence. In states with comparative negligence systems, the court will determine the percent of fault of each party involved. For example, the court may find that the accuser was 10 percent at fault and the defendant was 90 percent at fault.
When the court determines the levels of fault, then the accuser may be awarded damages equal to whatever percent that the defendant was at fault. For example, if an accident caused $100 in damage and the defendant was 90 percent at fault, then the defendant will be ordered to pay $90.
Colorado is a comparative negligence state, so you may win financial compensation even if you were partially responsible for the injuries you suffered in an accident. Please contact the Denver personal injury lawyers of Hull & Zimmerman, P.C., at (303) 423-1770 for more information.
At Hull & Zimmerman, P.C., we are honored to help accident victims in their time of need, and take our responsibility as personal injury lawyers incredibly seriously. We know how important it is for victims to secure the full and fair compensation they need following a serious accident, and that is why we take a hands-on, personalized approach to every case we handle.
awarded to a woman who was a victim of a car crash. The woman was driving the highway when the other driver approaching from the opposite direction lost control of his vehicle, crossed the center line and hit her head on. She suffered multiple broken bones, including her hip, pelvis, leg, and right arm. She missed several years of work as a result of her injuries. Read More
awarded to a woman who was the victim of a t-bone car crash. The client suffered multiple injuries. The most significant of which was a head injury. While she was ultimately able to return to work on a part-time basis, Plaintiff was never able to return to work on a full-time basis. Read More
settlement awarded to a lady who suffered a head injury. She slipped and fell in a slanted parking lot at her place of employment. Evidence demonstrated that the owner of the building had constructed a fence shading the parking lot such that ice was allowed to continuously accumulate during the winter months. Multiple people had fallen on the ice prior to the client’s fall. As a result of her injuries, Plaintiff was forced to take early retirement. Read More
awarded to a man whose vehicle was hit from behind by a semi. The injured party suffered back pain and rotator cuff tears in each shoulder and was forced to retire from his job doing road repair four years earlier. Read More
settlement (policy limits) awarded to a young man who lost his eye when another child shot an arrow into the air. Read More
settlement obtained for a man who was injured in a rear end automobile accident. He suffered a herniated disc in his low back which was not well resolved by surgery forcing him to leave his employment as an apartment maintenance manager. Read More
awarded to a gentleman in association with a workman’s compensation case. He initially sustained a head injury at work when attacked by a patient. Several years later, his condition worsened resulting in his inability to return to work in his usual job. Read More
settlement achieved in a legal malpractice case. The client initially suffered a herniated disc in her neck in association with an automobile accident. The attorney failed to file the lawsuit in a timely manner and the Plaintiff was initially denied her ability to achieve any monies from the original lawsuit. Read More
settlement awarded to a man who was a victim of an automobile accident. Plaintiff was a passenger who was rear-ended by another driver. Following the accident, he suffered a long term back injury. Read More
settlement awarded to a lady who aggravated a pre-existing back condition when she slipped and fell at the entrance to a casino. Read More
awarded to a woman who suffered a rotator cuff tear from an automobile accident. Read More