What You Need to Know About Negligence in Connecticut
Posted on behalf of D'Amico & Pettinicchi, LLC on Aug 28, 2017 in Personal Injury
Negligence is an important part of most personal injury cases. To recover compensation from another party that caused your injuries, you must be able to prove the other party’s negligent actions caused your injuries.
Because this can be complicated, it is best to contact a trusted Connecticut personal injury attorney who can help you determine if you have a case, guide you through the legal process and build a strong case on your behalf. Contact D’Amico & Pettinicchi today to learn more about how we can help you.
What is Negligence?
Negligence is a failure to take proper care in doing something. In a personal injury case, this includes failing to take reasonable care to avoid causing injury or harm to another person.
If you believe your injuries were caused by another’s negligence or wrongdoing, you must prove the following elements:
Duty of Care
In almost every situation, everyone is responsible for acting with reasonable care not to cause harm to others, even if they are complete strangers who have never met before.
This includes coming to a complete stop at a stop sign or obeying the state’s ban on texting and driving. In the case of a doctor-patient relationship, a doctor has a legal obligation to provide quality care to the patient.
Breach of Duty of Care
If an individual fails to uphold this standard of care, a breach has occurred. This could include a motorist who runs through a stop sign, a driver who texts while driving or a doctor who fails to provide the level of care other doctors with similar training would provide.
For a breach to occur, the individual must fail to act as a reasonable person would in the same situation.
In order to have a negligence case, an individual’s breach of duty of care must have caused the victim’s injury. In other words, would the injury have occurred if it were not for the negligent actions of the other individual?
An injury victim will not be able to recover compensation from a personal injury case if his or her injuries would have occurred even if the other person had not acted negligently or recklessly.
This means the injuries must be a direct result of the other party’s actions.
Finally, the injury victim must have suffered recoverable damages as a result of his or her injuries. Damages can include medical bills, repairs to a damaged vehicle, lost wages, pain and suffering, and more.
Comparative Negligence in Connecticut
Although the concept of negligence is fairly straight-forward, few personal injury cases are that simple. Sometimes, the actions of everyone involved in an incident were partially to blame for the resulting injury.
Because of this, Connecticut uses the concept of modified comparative negligence to determine each party’s role in causing the injury and how much compensation the injury victim should recover. Depending on the circumstances of the incident, this can have a significant impact on the injury victim’s ability to recover compensation.
Connecticut General Statutes Section 52-572h allows an individual to recover compensation so long as the individual’s negligence was not greater than the combined negligence of all other involved parties, generally no more than 50 percent. Under this rule, an injury victim’s compensation will be reduced by his or her percentage of fault in causing his or her injuries.
For example, if the injury victim was speeding at the time of an accident, he or she may be assigned 15 percent of fault for the accident. If his or her injury claim was valued at $100,000, the victim would only be entitled to $85,000.
Because comparative negligence can have a significant impact on your compensation, it is in your best interest to work with a personal injury attorney who can help ensure you are not blamed for more than your share of fault for the accident.
Contact Our Personal Injury Lawyers for Help with Your Claim
If you have been injured because of the negligence of another, do not hesitate to contact the personal injury lawyers at D’Amico & Pettinicchi. We are well versed in Connecticut’s negligence laws and other personal injury laws that could impact your case.
Through a free, no obligation consultation with our team, we will work to answer any questions you may have about personal injury cases and will advise you of your legal options. If you have a case, we will work diligently to help you obtain the compensation you deserve for your injuries.