Being injured due to someone else’s negligence can be a confusing situation. There are many aspects of a case that can be complex, including ensuring that you receive the necessary medical care to recuperate, ensuring that the doctors’ bills get paid, and receiving fair compensation for pain and suffering. The process can be overwhelming. To aggravate matters, insurance companies sometimes pressure people to settle their cases early for minimal damages.
If you have been injured due to another’s negligence, you should contact an experienced personal injury lawyer right away to begin a claim to recover damages. New Haven personal injury lawyers work with individuals who have been injured through no fault of their own to get the fair and equitable compensation they deserve.
Successful New Haven Injury Claims
Most personal injury cases, such as car accidents, truck accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, dog bites, and more center around the legal concept known as negligence. Take, for instance, the example of a slip and fall in a grocery store. In order for a negligence case to be successful, five parts, or elements, need to be met, including duty, breach, cause, scope, and damages.
- Duty- If the injured person claims that a person has been negligent in an accident, the defendant needs to have a duty to care for the other party’s safety. Using the slip and fall example, a grocery store has a duty to ensure that all customers are kept reasonably safe from harm
- Breach- A breach simply means that the defendant failed to protect the plaintiff from harm. This can be by failing to take a protective action, or by doing something inherently dangerous. In the example, the store not properly marking off a spill in the aisle may breach their duty to care for others’ safety
- Cause- Next, a plaintiff must demonstrate with their New Haven personal injury attorney’s help that a breach of the duty of care was the cause of their injuries. The example is straightforward. The spill, not being properly contained, caused the plaintiff to slip and break their leg
- Scope- This means that the plaintiff’s injury was foreseeable. It is certainly foreseeable that not cleaning up a spill could cause someone to slip and fall
- Damages- Lastly, a person must be able to demonstrate that any injuries were caused by the defendant’s negligence. There are additional requirements for making a negligence claim, but this basic outline is a tool used by New Haven personal injury attorneys to evaluate cases
Statute of Limitations
Connecticut has a strict statute of limitations concerning personal injury claims. A statute of limitations is simply a time limit within which a plaintiff must file their case in court.
Contained in Connecticut Statute 52-584, the law states that any claim for negligence must be brought within two years of the accident. This is a short period of time so it is imperative to begin this process as soon as the plaintiff is comfortable.
How a New Haven Personal Injury Attorney Can Help
Contrary to many peoples’ beliefs, most personal injury cases never see a courtroom. With appropriate evidence in the form of doctors’ notes, police reports, and witness statements, many insurance companies are eager to settle out of court. By gathering this documentation, and preparing a firm demand package, lawyers negotiate with the insurance companies on your behalf.
However, if the case does require a court filing, New Haven personal injury lawyers form clear and thorough complaints, prepare evidence for examination by juries, and practice with potential clients for giving testimony.
Skilled New Haven accident attorneys are ready to work with both you and the insurance companies to get you the compensation that you deserve. Contact today to discuss your case.