Understanding Negligence in Personal Injury Claims
Negligence is the foundation of most personal injury lawsuits. Understanding the basics of negligence can help you make sense of your potential legal options.
What Is Negligence?
Being injured does not automatically mean you have a personal injury claim. In most cases, you can only recover compensation if you show that someone else’s negligence caused your injuries.
Negligence occurs when someone fails to act as a reasonable person would under similar circumstances. It may involve an action or an omission—either doing something careless or failing to take steps that would have prevented harm.
What Are Some Types of Negligence?
Negligence can take different forms. Some cases are straightforward, such as medical malpractice, where a provider makes a serious error. Others, such as premises liability claims, may be less obvious and depend on whether a property owner should have addressed a hidden danger.
These are some of the most common types of negligence that arise in personal injury cases:
- Gross negligence: Extreme carelessness that shows a reckless disregard for others’ safety
- Comparative negligence: Situations where both parties share fault, and the injured person’s compensation is reduced by their percentage of responsibility
- Contributory negligence: Cases where the injured person’s share of fault can completely prevent them from recovering compensation
What Are the Four Key Elements To Prove Negligence in a Personal Injury Lawsuit?
You must prove the four elements of negligence to recover compensation in a personal injury claim.
Duty of Care
The first step in proving negligence is showing that the other party owed you a duty of care. A duty of care is a legal responsibility to act in a way that avoids causing harm to others.
That duty can look different in various situations. For example, drivers have a duty to follow traffic laws and operate their vehicles safely. Property owners have a duty to maintain reasonably safe conditions for visitors and to address hazards promptly.
Breach of Duty of Care
Once you establish a duty of care, the next step is showing that the other party failed to meet it. In general, a breach of duty occurs when someone acts in a way a reasonably careful person would not in similar circumstances. Examples include:
- Professional negligence, such as a doctor prescribing the wrong medication
- A driver ignoring traffic signals
- A property manager failing to address poor lighting in an apartment complex, leading to negligent security for tenants
- A nursing home deliberately understaffing the facility, resulting in nursing home neglect
Causation
Proving negligence also requires showing that the breach of duty directly caused your injuries. You need to prove two types of causation to satisfy this element:
- Cause in fact: The injury would not have happened if not for the other party’s actions.
- Proximate cause: The injury was a foreseeable result of that careless conduct.
Damages
A strong personal injury claim requires proof that the breach of duty resulted in damages. Without showing how the negligence affected you, there is no legal basis for compensation. Common types of damages that may satisfy this element of negligence include:
- Economic damages, such as medical bills, lost wages, and lost earning capacity
- Non-economic damages, such as physical pain, emotional distress, and loss of enjoyment of life
- Punitive damages, which are intended to punish the defendant for particularly reckless conduct or intentional harm
What Evidence Is Used To Prove Negligence?
Proving negligence requires strong evidence tying the other party’s actions to your injuries, such as:
- Medical records and expert testimony: These documents and professional opinions show the extent of your injuries and link them to the accident.
- Police reports and accident documentation: These records provide an official account of the incident from a third-party perspective and identify the parties involved.
- Photographs, videos, and surveillance footage: This visual evidence captures the conditions at the scene and may show the events leading up to the incident.
- Eyewitness testimony: Statements from people who saw what happened can confirm your version of events.
- Maintenance records and logs: This evidence can reveal whether the at-fault party ignored hazards or failed to follow safety procedures.
What Are Some Challenges in Proving Negligence?
Connecticut’s modified comparative negligence rule can complicate your injury claim. It allows you to recover compensation if you’re partially at fault, but only if your share of responsibility is less than 51%. Your compensation will then be reduced in proportion to your fault.
In an attempt to save money, insurance companies often use this rule to argue that an injured person contributed to the accident more than they really did. Successfully challenging these tactics requires careful investigation and aggressive negotiation skills. That’s where our experienced personal injury lawyers come in.
Why You Need an Experienced Connecticut Personal Injury Lawyer like Kennedy, Johnson, Schwab & Roberge, P.C. on Your Side
Getting full and fair compensation for your damages is often more challenging than expected. Without legal guidance, it’s easy for insurers to exploit gaps in your case and settle for less than you deserve.
For over 35 years, our firm has helped injury victims across Connecticut pursue maximum compensation. We understand the strategies insurance companies use and know how to build strong negligence claims that withstand their tactics. When you choose us to handle your case, you’ll have a dedicated legal team on your side working diligently to help you rebuild your life.
From our offices in New Haven, Norwalk, Stamford, and West Hartford, we take a team-focused approach that combines each attorney’s skills to provide effective representation.
Proven Track Record of Results
We’ve recovered significant settlements and verdicts for people injured due to someone else’s negligence. Our clients’ testimonials reflect the level of care we bring to every case:
I had the privilege of being represented by Mr. John Kennedy. He was someone I could trust to be honest and walk me through a difficult time. Taylor, his paralegal, took the time to explain each circumstance that came about. I appreciate the work that was done by Mr. Kennedy and Mr. Nelligan. I would recommend Attorney John Kennedy because of his integrity and genuine concern he showed to me. My experience with them was something I will never forget and will always be thankful for.
Shannon E.
Remarkable law firm! Attorney John Kennedy and his staff were professional and welcoming. If you need a lawyer, stop looking, you’ve found one of the best! He never stopped fighting for me as if though it was personal to him too! He’s straight forward with everything and definitely didn’t disappoint me with an outcome greater than I expected! If I were an attorney in need of a lawyer, this is the man I’d want in my corner time and time again, without a doubt!
Sophie A.
Handled my case with amazing expertise from start to finish. I took their advice at every turn and the end result was nothing less of exceptional. Very professional, nice office space and their Long Wharf location validates parking.
Nate H.
Contact Our Negligence Lawyers Today at Kennedy Johnson
If you believe negligence played a role in your injury, don’t wait to get legal guidance. Our Connecticut personal injury lawyers know how to prove negligence and seek the compensation you deserve.
We offer a free consultation to learn about your case, answer your questions, and explain your legal options. Call 203-865-8430 or complete our online contact form to start moving forward.