Accidents can happen in many ways. Sometimes, they can be the result of a person’s own wrongdoing. Other times, they may be due to another party’s negligence. When this happens and a person becomes injured, it is known as a personal injury accident. These accidents can cause life-changing injuries to a person. In these situations, victims of these injuries often wish to hold the negligent party responsible. This can be done through a personal injury lawsuit.
When pursuing a lawsuit, the injured party is required to prove the other party was negligent. To do this, they must show that the defendant breached their duty of care which directly caused the victim’s injuries. When a person has a duty of care to others, it can either be express or implied. This can be proved through the following:
Proving A Duty of Care Existed
When holding a negligent part responsible, the injured party must understand why they had a duty of care. When an accident occurs due to hazardous property conditions, the property owner can be held responsible. Property owners in the state of Connecticut must make sure their property is safe so that others do not become injured. If they fail to do so, the owner can be held responsible for injuries that happen as a result of their negligence. This is done through premises liability laws.
There are other cases in which an accident may happen due to a defective product. When a mistake is made or corners are cut during the production of an item, it can malfunction and cause serious injuries to users. When this happens, manufacturers can be held liable through product liability laws.
Prove the Duty of Care Was Breached
Once the duty of care is proven, the injured party must be shown how it was violated. Evidence that may used to prove this can consist of:
- Incident reports
- Eyewitness testimony
- Expert witness testimony
- Surveillance footage
- Chemical test results
- Pictures or videos of the scene
An important part of a personal injury lawsuit is showing how the breach of duty caused the accident, thus the individual’s injuries. To be successful in doing so, the injured party must demonstrate how the accident occurred. They must also prove how the individual’s injuries, losses, and damages were a direct result of this.
When negligence is proven, the injured party may be eligible to receive financial compensation. This covers any damages that arise due to the accident. When an injured person has this coverage, they are able to focus on recovering instead of being overwhelmed by piling bills. To receive this compensation, the injured party must show these damages were a direct result of the proven negligence. Damages that may be recovered can include:
- Medical bills
- Lost wages and benefits
- The loss of future earning capacity
- Physical therapy
- Occupational therapy
- Court costs
Contact our Firm
Marc N. Needelman is an experienced attorney working throughout the state of Connecticut. Contact the law firm to set up a free initial consultation for matters, related to real estate, personal injury, criminal defense, estate planning, and more.