It is a sad fact that it is often impossible to avoid personal injury. Anytime that a person steps outside of their homes, they are vulnerable to the poor decisions of others. This could apply to individual people, to companies, and even medical professionals.
The upside to this fact is that no person should have to pay for their own losses following an injury that is the result of the action of another party. However, to collect this vital compensation, it is necessary to pursue claims against defendants and their applicable insurance companies. These claims could allege that an injury was the result of an accident or the product of intentional acts of violence. In either case, a plaintiff could seek compensation for all resulting losses.
A Westport personal injury lawyer could help injured individuals to protect their legal rights during this process. Attorneys could work to gather evidence that fits the mold of their claim and to leverage that evidence into persuasive claims for compensation.
The goal of any plaintiff in a personal injury claim is to collect payment needed to cover their losses that result from the incident. Most of these incidents are accidents where a defendant did not intent to cause any harm. Even so, the law says that most people are still liable for injuries that result out of accidents that are the product of careless or reckless behavior. As a consequence, most personal injury claims require a plaintiff to prove that a defendant was negligent.
Negligence is the cause of action in car accident cases, pedestrian collision claims, defective product cases, and even incidents involving dog bites. In general, a plaintiff needs to prove that a defendant’s carelessness or recklessness cause their injuries. However, it may also be necessary for a plaintiff to show that their own actions were appropriate. Connecticut General Statute §52-572(h) says that courts in Westport must use the concept of modified comparative negligence to assign blame following accidents. This means that if a court believes a plaintiff to be more than half responsible for an accident that the court must dismiss the claim for damages. As a result, a Westport personal injury lawyer could help to prove defendant negligence as well as to refute allegations of plaintiff fault.
While most personal injuries are the result of accidents, it is also possible for the victims of violent crimes to demand payments from their attackers. With this in mind, it is essential to be able to discern the difference between civil claims for damages and criminal charges.
If a defendant commits an act such as assault, kidnapping, or sexual abuse, local and state police are well within their rights to investigate the matter, make an arrest, and prosecute the case in criminal court. However, even if this case results in a conviction, the criminal court is powerless to order a defendant to compensate a victim for their losses.
To accomplish this goal, a plaintiff still needs to pursue their own civil claim. Even so, a conviction in a criminal court could help these plaintiffs to promote their cases. A conviction in a criminal court is proof that the attack took place. Because courts do not litigate the same question of fact twice, a criminal court that decides that an attack occurred would transfer that result to a civil trial. A Westport personal injury lawyer could help the victims of crimes to pursue claims for personal injuries regardless of the outcome of a criminal trial.
Every person who suffers a personal injury as the result of the actions of another party has the right to demand compensation. This includes payments to cover the costs of medical treatment, to reimburse their lost earnings, and to provide comfort for any emotional trauma.
However, it always falls to a plaintiff to prove their claims during either settlement negotiations or trial. For cases that arise out of accidents, this means proving that a defendant was careless or reckless in causing that accident. When applied to cases that center around intentional acts of violence, this could require you to keep track of the criminal case that arises out of the incident.
A Westport personal injury attorney could help you to pursue appropriate justice following your injury. An attorney could work to take the necessary legal steps to promote your claim while you focus on getting your life back on track. Contact a Westport personal injury attorney today to let them get to work for you.