Collecting financial compensation after being injured in an accident can be a complicated process. Whether the injury stems from an auto collision or a premises liability situation, the plaintiff must prove the injury is the result of the defendant’s failure to provide a reasonable duty of care. There are also standard arguments presented by defendants and their insurance providers that the common claimant will not understand regarding legal application. However, a personal injury attorney will know exactly what the defense strategy will be in most situations, and especially in auto accident cases. Auto accident injuries and premises liability claims are similar in some respects but can differ to a certain degree based on where an injury actually occurs. Premises liability claims can occur in both private or public property scenarios, and many times there may not be a police report for accidents producing injuries on private property. Technicalities can matter in both types of cases, and an experienced personal injury lawyer is always necessary for a successful outcome.
Understanding Comparative Negligence in Connecticut
All states use some form of comparative negligence law, which is the concept that many times an injured claimant actually contributed to causing the injuries personally. While some states use “pure” comparative negligence law that allows injured parties to receive compensation for personal injuries even when they are 99% at fault for the injury, Connecticut uses modified comparative negligence law that bars a claimant from financial compensation if their contribution to the accident exceeds 50%. The percentage must also not be greater than defendants’ in cases with multiple negligent parties. This can complicate a case significantly, especially in auto accident cases, and is a prime reason that it is necessary to have an experienced personal injury attorney cheshire ct representing the case.
Auto accidents always include a comparative negligence rating for each driver that is used to determine total financial compensation available when the case is adjudicated. This number is then used to discount the total financial benefits paid to the negligent drivers. This is rarely a issue when an injured passenger files a claim, but it can happen when there are extenuating circumstances. It is also the area of a claim where personal injury attorneys must be most diligent when protecting the financial compensation collection rights of their clients.
Another type of personal injury case is a premises liability injury claim that is based on the location at the time of the injury and the potential negligent behavior of the defendant. All public businesses and facilities must maintain a reasonable level of safety at their locations when interacting with patrons and employees. Liability areas can include parking lots and outside walkways as well, and actually property owners could be liable in certain instances. Some premises liability claims also stem from occupying private property and require the plaintiff to have accessed the property legally and not contributed to the injury personally.
It is important to remember that personal injury claims will always be contested on some level by respondent insurance companies. They always have the advantage when the claimant has no attorney. Always retain aggressive legal counsel with a solid track record of results for their clients.