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Even if you are as careful and considerate as possible, there is no way to eliminate the risk of another party acting irresponsibly completely. Unfortunately, accidents like these occur every day, often causing serious injuries to those involved. In a situation like this, understanding and proactively enforcing your legal rights could make all the difference in how quickly you can recover from your losses and how much—or little—they may affect your future.
Whether you need help paying for related medical bills or have suffered catastrophic and life-changing harm, assistance from a skilled Hartford personal injury lawyer can be crucial in achieving a favorable result from your civil case. From establishing liability for your specific accident to demanding fair restitution for every ensuing loss, an attorney at Berkowitz Hanna can guide you through every stage of your legal proceedings. Contact our firm today to discuss your unique case with seasoned legal counsel.
In most situations, holding someone else liable for an accident means proving that they were legally negligent. More specifically, this means proving it is more likely than not that the accident—and accordingly, all of the plaintiff’s subsequent injuries—only happened because the named defendant(s) recklessly or carelessly violated a duty they had to act responsibly. For example, a motor vehicle driver may be found negligent if they run a stop sign and T-bone another car. A landowner may be found negligent if they do not take proper care of their land and put lawful visitors at risk while present.
As a Hartford personal injury attorney can further explain, an injured plaintiff may also be found negligent if they acted irresponsibly or in a way that caused or contributed to their losses. For instance, if the injured party was speeding when they got T-boned, or was wearing inappropriate footwear when they slipped on an unmarked spill in a store aisle, a court could deem them partially at fault. From there, the court may proportionately reduce the value of their final damage award to their share of total fault, or even bar them from recovering altogether in accordance with Connecticut General Statutes §52-572h. An experienced attorney can help ensure that an injured party does not face more than their share of blame for an accident and fight back against unfair accusation of fault.
While there are some exceptions for injuries occurring under specific circumstances, most personal injury claims filed in Connecticut are built around the legal theory of “negligence.” In brief, someone is negligent under this theory—and therefore legally liable to pay for “damages,” as discussed in more detail below—if all four of the following conditions are met:
Connecticut civil courts generally do not take into account how subjectively “bad” a person’s negligent behavior was when assigning them civil liability for an injury. That said, there may be exceptions made to that rule in situations involving extremely egregious negligence or intentionally malicious conduct, as a Hartford personal injury attorney can explain in more detail.
A personal injury claim could demand full restitution for all economic and non-economic types of harm the plaintiff suffers due to another person’s negligence—not just in the short term, but for years afterward as well. Specific damages that are often factored into claims of this nature include:
In rare cases where a defendant demonstrates “reckless indifference” to someone else’s safety, or intentionally and maliciously causes harm, a court may impose additional punitive damages against them and award those damages to the plaintiff. A Hartford attorney can go into further detail during a private consultation about what losses might be compensable in a particular personal injury case.
Personal injury law can be challenging to navigate, especially for plaintiffs who try to move forward with their claims alone. Without experienced legal counsel representing your best interests, you may have difficulty getting any compensation, let alone the full amount you deserve for your suffering.
A Hartford personal injury lawyer can provide custom-tailored legal support throughout your settlement negotiations and, if necessary, civil trial. Learn more by calling Berkowitz Hanna today.
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