The Basics of Personal Injury and Negligence

All personal injury cases are based on the concept of negligence. Under Connecticut law, everyone has a duty to act with care in certain situations—such as when driving, maintaining a business, or managing property. These situations require individuals to act responsibly because their behavior can significantly impact the safety and wellbeing of others. If someone acts carelessly in these situations and their actions lead to an injury, they are considered “negligent” and may be held legally responsible for the resulting damages.

When someone is determined to be negligent, they may be required to compensate the injured party for expenses such as medical bills, property damage, and other losses. While the concept of negligence might seem straightforward, proving it in a court of law can be complex. This is where having an experienced personal injury attorney, like those at Bert McDowell Injury Law, becomes essential.

How to Prove Negligence in Connecticut

To win a personal injury case in Connecticut, you must demonstrate negligence by the other party. There are four key elements to proving negligence:

1. The other party had a duty to act with care.Legal duty varies depending on the circumstances of the case. For example, drivers have a duty to follow traffic laws and drive safely. Business owners must ensure their premises are safe for visitors, and manufacturers of medical devices must test their products to ensure they are safe for use. Property owners, whether residential or commercial, are also obligated to maintain safe conditions for lawful visitors and, in some cases, even for children who may wander onto their property.
2. They violated that duty.The defendant must have failed to uphold their responsibility. Examples include a driver speeding or texting while driving, a property owner neglecting to fix hazards like broken stairs, or a business owner failing to clean up a spill that causes a slip-and-fall incident. These failures to act responsibly are examples of negligence.
3. Their negligence caused your injury.You must show a direct link between the negligent action and your injury. Insurance companies often attempt to shift blame onto the injured party, which is why having a skilled attorney from Bert McDowell Injury Law is crucial. We work with investigators, gather witness testimonies, and use physical evidence to establish that the negligence of the other party caused your accident.
4. Your injury resulted in measurable damages.To receive compensation, you must have tangible damages. These damages could include medical expenses, lost wages, pain and suffering, or permanent disability. For example, if a slip-and-fall accident caused by a wet floor results in a broken bone, the medical bills and missed workdays would constitute measurable damages. However, if no injury occurred and there were no financial losses, there would be no grounds for a claim.

Why Choose Bert McDowell Injury Law?

At Bert McDowell Injury Law, we understand how overwhelming and stressful it can be to recover from an injury while navigating the complexities of a personal injury claim. As a trusted Connecticut law firm, we are committed to fighting for your rights and ensuring you receive the compensation you deserve. Whether you’ve been injured in a car accident, a slip and fall, dog bite, or other injuries due to someone else’s negligence, you deserve legal representation that understands the nuances of the state’s legal system, including the potential for a jury trial. At Bert McDowell Injury Law, we focus exclusively on personal injury cases and are committed to fighting for the compensation you deserve. Our attorneys understand how to navigate the complexities of Connecticut’s legal system, and we have the experience needed to advocate for you effectively in front of a jury or a judge.

We know that dealing with injuries can be overwhelming, both physically and emotionally. That’s why we offer a free consultation to discuss your case and provide guidance on your next steps. Whether your case is resolved through a settlement or proceeds to a jury trial, we are here to support you every step of the way.

Contact Bert McDowell Injury Law Today

If you’ve been injured in a car accident, slip and fall, workplace incident, or any other type of accident caused by negligence, don’t wait to seek legal help. Bert McDowell Injury Law is here to fight for your rights and ensure you receive the compensation you deserve. Call us today at 475-231-3274 to schedule your free consultation. You can also fill out our contact form to get started.

We take pride in serving clients across Connecticut and ensuring that their voices are heard in both settlement negotiations and in the courtroom. Let us put our experience and dedication to work for you.