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Zealous and Determined Advocates
For Personal Injury Clients

Representing Motor Vehicle Accidents and Other Claims

Areas of Practice

Areas of Practice

Skilled and Aggressive Litigators

Fighting for Justice for Colorado Injury Victims

How is Liability Proven in a Personal Injury Claim?

Proving liability can be tough in some legal cases but usually, determination of liability with depend on whether it can be proven that someone acted in a negligent manner or not. It must be further proven that this negligent behavior further led to an accident and injury. It’s easy to accuse someone for being at fault for an accident and they are further responsible for paying damages. However, you must determine who is legally at fault first before proceeding with your demands.

Basically, accidents that happen due to carelessness must determine who was the least careful. The least careful party will usually be found at fault for a portion or all damages caused in the accident.  Legal liability is determined by this carelessness and by more than one of these scenarios:

  1. The injured party was not in a place where they should have been, so the negligent party did not necessarily have to act careful around said party.
  2. Comparative negligence means that both parties were partially responsible. Compensation could also be reduced.
  3. If an employee causes an accident while working within the scope of their employment, the employer could be held liable for damages.
  4. Dangerous property of products could find owners and manufactures liable for any injuries caused.

It is possible for more than one person to be liable in a personal injury claim, say for example, such as those involved in a multiple car accident. Most state law states that any one person in the accident could be found liable for the injury and should compensate you in full. Keep in mind, however, that you own carelessness could affect the outcome of your claim. If it is found that you also acted carelessly and were partly to blame for the accident, you might not get as much compensation as you initially expect.

If you’re filing a personal injury claim, it is recommended that you reach out to an experienced attorney. The personal injury lawyers at Lampert and Walsh, LLC can look over your case and determine how to help strengthen your claim. Schedule a consultation today.

What Damages Can Be Paid in a Pedestrian-Car Accident Case?

In most car accidents, focus will be on placing fault on the negligent party, or the careless party responsible for causing the accident. Some car accidents result in injury, with the injured party usually seeking compensation for his or her injures. However, what damages can actually be covered in an accident claim?

Medical Expenses

When a driver hits a pedestrian and as a result injures the pedestrian, it’s expected that the driver is responsible for paying for the pedestrian’s injuries. Sometimes it is possible, however, for complications to arise regarding what actual injuries should be covered. For example, say an elderly person crossing a sidewalk gets hits by a driver, the impact minimal enough to merely knock the elder over. If the elderly person suffered minimal injury and was of average health, he or she could have possible walked away from the accident unscathed. However, if the elder has a heart attack as a result of shock from the accident, would the drive be liable as well for this heart attack? In most cases, the answer would be yes, because the distracted driver’s negligence results in the accident, the fall, and the heart attack. The driver would be liable for all the elder’s injuries caused by the accident.

Lost Wages

As a result of getting hit in an accident, a pedestrian could miss out on days of work and essential wages for their living expenses. If liability is placed on the driver regarding the accident, the driver can be found responsible for paying for the pedestrian’s lost wages. The cost could be high or low dependent on the patient’s recovery time. For example, say a woman in an accident sustains a concussion. She may be out of work a week, and that week of missed wages will have to be paid for by the driver. However, if this same pedestrian sustains an even more serious injury, like a broken back, her months of recovery out of work could cost the driver a pretty penny in lost wages.

Pain and Suffering

One of the more controversial types of damage, it’s hard to place a price on pain and suffering. There isn’t a certainty of how much money covers months of misery or years of suffering through injuries. The driver, if found liable for causing pain and suffering because they struck a pedestrian, can still be found responsible and pay damages. It will be up to the court to decide whether to award and how much to award for pain and suffering damages. Calculations will be dependent on the severity of the injuries sustained in the crash.

If you’ve been struck by a negligent driver and are seeking compensation, contact an injury attorney as soon as possible. The experienced accident lawyers at Lampert and Walsh, LLC are prepared to get you the justice you deserve for your pain and suffering.

Traumatic Brain Injuries Commonly Caused by Negligence

More than 50,000 Colorado residents suffer from traumatic brain injuries, according to Brain Injury Alliance Colorado. Brain injuries can be caused by participating in athletic activities, falls, car accidents, even bicycle crashes. Injuries sustained can be anything from bumps to concussions, but the end results can be severe, such as coma or death. Commonly, traumatic brain injuries are caused by negligence.

Brain injuries are commonly caused by falls or car accidents. The most common injuries are concussions and contusions. Concussions are usually mild injuries caused by a sudden jolt to the head or neck. This causes the brain to move inside the skull and injure nerves and other necessary components. A contusion, on the other hand, is usually the result of blunt force trauma. The force of impact causes the brain to bleed internally. For mild brain injuries, observation and a few weeks of recovery can help treat the injury. For more severe injuries, emergency surgery could be one form of treatment.

Negligence defines reckless or careless behavior that can result in someone’s injury. Negligence claims will require the injured party to prove that the allegedly negligent party was responsible for their injuries. To win their case, the injured party must show:

  • That the law required the negligent party to act in a careful manner
  • The negligent party did not act with care around the injured party
  • The negligent party’s behavior resulted in the brain injury
  • The injured party suffered injuries measurable under the law

However, proving that negligent behavior caused a brain injury can be quite difficult. Brain injuries themselves can be complicated and can also be difficult to detect. It’s recommended to not only gather as much evidence as possible surrounding the accident and the resulting injuries, but also to contact a personal injury lawyer experienced in brain injury cases. If you, or a loved one, contact a lawyer, be prepared to answer questions surrounding the crash, the injuries sustained in the crash, what medical treatment you received, the doctor’s diagnosis, and any other evidence that could strengthen your case.

If you or a loved one suffered a traumatic brain injury due to someone else’s negligence, contact an experienced attorney today. The personal injury attorneys at Lampert and Walsh, LLC will do their best to get you the compensation you deserve for your pain and suffering.