In our complex and interconnected world, accidents and mishaps can occur unexpectedly, often resulting in physical, emotional, or financial harm to individuals. When such harm is caused by someone's failure to exercise reasonable care, a legal concept known as "negligence" comes into play. Negligence claims are an essential aspect of personal injury law, providing a means for individuals to seek compensation for the damages they have suffered due to the carelessness or recklessness of others.
Refers to a company's failure to meet the legal standard of care in the manufacturing or design of a product. The law requires that manufacturers take reasonable steps to ensure that their products are safe for consumers.
Frequently Asked Questions
The stakes in a civil case are monetary in nature; generally no one is going to jail in a civil case. Because civil cases are about money the burden of proof is lower than in a criminal case where someone may lose their freedom. Contrary to a criminal case where the standard is “beyond a reasonable doubt," in a civil case the outcome is determined by a “preponderance of the evidence." Think of it this way: if the “beyond a reasonable doubt” is 95% certainty, then “preponderance of the evidence” is 51% certainty. Keep in mind that in some scenarios following a car crash it is possible the at fault driver may have a criminal and civil case, i.e. if the person was driving under the influence and caused a crash.
The right to a jury trial in a civil case is not an absolute right guaranteed in all situations. However, in the United States the right to a jury trial in civil cases is protected by law under certain circumstances.
Colorado is a tort state which means the at-fault insurance company is responsible for medical expenses, but they generally do not have to pay bills until the end of the claim. Like most things involving the law, there are exceptions to this rule. Best practice is usually to have your health insurance cover the bills up front, and have the auto insurance reimburse them later. If you don’t have health insurance things get more difficult. The good news here is that there are excellent local doctors that will agree to treat the uninsured in exchange for an agreement that their bill eventually will get paid by the auto insurance down the road.
In cases of negligence, compensation, also known as damages, is awarded to the injured party to help them recover their losses and be made whole again to the best extent possible. The types of compensation available for negligence can vary depending on the jurisdiction and the specific circumstances of the case.
Yes, you may be able to make a claim against your doctor for negligence if you believe that he or she has provided substandard medical care that resulted in harm or injury to you. However, making a medical negligence claim can be a complex and challenging process. For any potential medical malpractice claim it is essential to consult with an experienced attorney.