In Connecticut, to recover compensation after most accidents, you must prove the four elements of negligence — duty, breach, causation, and damages. In other words, you must show that a party owed you a duty of care, the party breached the duty, and the breach caused you to suffer actual harm such as severe injury, medical expenses, and pain and suffering.
Proving the four elements of negligence is not always easy. However, a personal injury lawyer can help you gather evidence and convince a jury that you deserve compensation for your injuries. The insurance company will often settle rather than face the risk of a personal injury lawsuit and trial.
What Is the Definition of ‘Duty’ in a Case Involving Negligence?
If the defendant knew or should have known their actions could result in an injury, then the defendant had a legal duty to protect you from that injury. For example, a driver knows that going faster than the speed limit can result in a crash and injure someone. A store owner knows that failing to fix a loose step can result in a slip-and-fall accident. If an accident is foreseeable, then the defendant owes a legal duty to try to prevent it.
What Is ‘Breach of Duty’ in a Negligence Case?
“Breach of duty” means that the defendant didn’t do what a reasonable person would have done to prevent the plaintiff’s injury, or they did something a reasonable person would not have done. For instance, a reasonable store owner would clean up a spill to prevent an accident or post a sign to warn customers if there was no way to clean the spill up immediately. A sensible person would not drive after having several alcoholic drinks. A person who fails to take reasonable steps to avoid a dangerous accident breaches their duty to others.
What Is Meant by ‘Causation’ in a Negligence Lawsuit?
It’s not enough to prove that the defendant breached their duty of care. You must also prove that this breach caused your injuries. You must prove that your injury would never have happened without the defendant’s actions.
For instance, if a person chooses to drink and drive and gets in a car accident as a result, then it should be easy to prove both aspects of causation. No one would have been injured if they hadn’t decided to drink and drive, and their decision to do so was a substantial factor in any injuries the plaintiff suffered.
Similarly, if someone else loaned the drunk driver their car for the night without realizing they would drink and drive, you can still establish causation. The accident may not have happened if the car’s owner hadn’t loaned the car to the drunk driver. So, vehicle lending was a factor in the accident and resulting injuries.
What Are ‘Damages’ in a Negligence Claim?
The fourth element of negligence is actual injury, or damages. After proving that the defendant breached their duty of care and caused the accident, you must also show you must also show harm to the plaintiff, or that you suffered actual injury. If you were injured in an accident and sought medical treatment, you should be able to prove that you suffered some damage from the accident. However, the defendant may argue that your injuries were pre-existing or had some other cause.
What Methods Are Used to Prove Negligence in a Connecticut Personal Injury Lawsuit?
A Connecticut personal injury lawyer will gather several different types of evidence to prove negligence in a personal injury lawsuit, including:
- Police reports by the officer at the scene of the accident
- Medical records documenting your injuries and the doctor’s opinion about their cause
- Eyewitness statements and testimony
- Photos and video showing the accident scene and your injuries
- Testimony by expert witnesses such as your doctor.
Suppose you are injured when you slip on a wet floor at a place of business. If your lawyer can present photos showing that the floor was wet (and the property or business owner posted no warning) and medical records showing that you were injured, you may prove all four elements and hold the business owner liable.
Most personal injury cases settle out of court. If you can gather the evidence needed to establish liability, you will position yourself to negotiate for maximum compensation. A skilled lawyer can help you hold the defendant liable for:
- Past, ongoing, and expected future medical expenses
- Lost income, including lost future earnings
- Physical and emotional pain and suffering
- Loss of quality and enjoyment of life.
What Part of a Negligence Claim Is the Hardest to Prove?
As a rule, no element of a negligence claim is more challenging to prove than any other. It depends on the facts of the individual case. Sometimes, proving the defendant owed a duty of care can be difficult. Or the challenge might lie in establishing a breach of duty, that the defendant’s actions caused your injuries, or that you suffered the specific harm you are claiming.
An experienced Connecticut personal injury law firm like Jainchill & Beckert, LLC, will know how to gather convincing evidence to prove each of the four elements of negligence. Just check out our record of results to see our extensive background in this area of the law.
Contact a Connecticut Personal Injury Lawyer
If you have been hurt in an accident in Hartford or elsewhere in Connecticut, a personal injury attorney can help. Jainchill & Beckert, LLC, has over 55 years of combined legal experience. We take pride in providing our clients with hard-working, knowledgeable, and trusted legal representation.
If you are reluctant to call because you don’t think you can afford a lawyer, that won’t be an issue when you work with us. We work on a contingency fee basis. So, you will pay nothing upfront and owe no legal fees unless we secure compensation for you. Our fee will be an agreed-upon percentage of the money we secure in your personal injury claim.
To learn more, contact us today and receive a free consultation.
