In Connecticut, a plaintiff has to establish four elements in order to prove negligence in a personal injury case: duty, a breach of that duty, causation, and damages. In general, a plaintiff has the burden to prove all four elements in a Connecticut personal injury claim.
Duty refers to the legal obligation between individuals. Everyone generally must exercise reasonable care in order not to put others at an unreasonable risk of harm. All motorists owe a statutory duty of care to others to obey all motor vehicle laws and a common-law duty to operate a vehicle in a safe, careful, and responsible manner. Breach refers to when a defendant fails to live up to the standard of care in that particular situation. Causation refers to the “cause in fact” and the “proximate cause.” This means that the plaintiff’s breach has to directly cause the plaintiff’s damages, and courts will hold the defendant liable for such a breach. Damages refers to the damages the plaintiff suffers, including for example medical bills, property damage, and pain and suffering.
In addition, in cases in which the evidence shows the defendant acted with a reckless indifference to the rights of others or committed an intentional, wanton violation of those rights, the plaintiff can also recover punitive damages—additional damages that are not meant to compensate the plaintiff but instead to punish the defendant.
Connecticut follows the doctrine of modified comparative negligence. This means that if the plaintiff’s negligence is not greater than the defendant’s (or the defendants’ combined) negligence, the plaintiff will still be able to recover damages. If the plaintiff is found negligent, the damages will be reduced according to the percentage of the plaintiff’s negligence.
Recent Norwalk Car Crash Results in Two Deaths
Two Connecticut residents died in a recent Norwalk accident on Connecticut Avenue, according to one news source. The victims were 40 and 50 years old and died after two vehicles collided head-on. Both lived in Stamford. Another person involved in the crash was hospitalized for serious injuries. According to news reports, the two victims were best friends, and one had just picked up the other from his job at a restaurant. Both were found deceased in a vehicle at the scene of the crash.
Police report that both cars were extensively damaged and that the fire department had to extricate all three men from their vehicles. Law enforcement continues to investigate the cause of the crash.
Contact a Personal Injury Attorney
If you or a loved one has been injured in a Connecticut car crash or other incident, Brickley Law may be able to help. Brickley Law represents individuals in New Canaan and surrounding areas in Connecticut personal injury cases. Brickley Law understands the laws concerning your case and is prepared to offer you its knowledgeable assistance. With aggressive strategies, creative approaches, and effective methods, it can help you obtain the satisfactory results you need. Call Brickley Law now at (203) 966-6600.