Those residing in Connecticut who have been injured or lost loved ones in auto accidents may wonder what it takes to achieve compensation for their losses. The truth is, being awarded damages for what one has lost in such an incident is not always easy. After such car accidents, negligence has to be established to the satisfaction of a civil court. This can only be done through a thorough investigation and successful litigation.
When filing a personal injury or wrongful death claim against the driver deemed responsible for an auto collision, there are several elements that must be present. Missing any of these could result in a case being lost. These elements include:
- Duty
- Breach
- Causation
- Damages
Every driver has a duty to exercise reasonable care when behind the wheel. Failing to do this is called a breach in duty. For example, if a person is texting, not looking at the road while driving and causes an accident with injuries, this could be recognized as a breach of duty; accordingly, he or she could be held liable for the crash. Causation simply means that another person’s actions caused one’s injuries, and damages refers to those injuries. Back to the example of the texting driver, this action caused him or her to collide with another vehicle, causing the victim to suffer physical injuries and, likely, subsequent financial and emotional damages as well.
Connecticut residents who have been negatively affected by car accidents may pursue compensation through legal means. In order to do so successfully, establishing each of these elements of a negligence claim will be imperative. An experienced personal injury attorney will be able to assist those who are ready to take legal actions by reviewing their cases, investigating further and fighting their cases in court or seeking settlements if appropriate.
Source: FindLaw, “Proving Fault: What is Negligence?“, Accessed on Jan. 10, 2016
