Southington Personal Injury Firm
Whose Job Is It to Prove Negligence in an Accident?

Whose Job Is It to Prove Negligence in an Accident?

To prove that your loved one has been a victim of a wrongful death, you'll need to look into the rules for damages in Connecticut. It's your right, as a plaintiff and victim, to make a claim for fair, reasonable and just compensation.

Whether or not you receive this compensation will be based on the case as it's presented to a judge, so presenting a compelling argument is important and necessary. Your attorney can help you build a case, since the compensation you could receive covers injuries and losses that happen both in the present, past and future as long as they were caused by the negligent party.

It's your job to prove that the other party was negligent and caused the injuries to your loved one that you're claiming led to his or her death. For example, if your loved one is hit and killed by a car, it's your job to show why the driver was acting negligently at that time. Was it because your loved one was in a crosswalk? Was the driver speeding? This is the kind of information you need to discuss with your attorney before presenting it to court, so you have everything in order and ready to make your case.

Some of the economic damages you may be entitled to include a loss of earning capacity, since your loved one has passed away, funeral expenses, and medical care. When someone dies, that person leaves behind a void that has to be filled financially in many cases. So, if your loved one was a spouse who was the main earner, it's not unreasonable to seek out compensation for the money your spouse would have earned in his or her lifetime.

Source: State of Connecticut Judicial Branch, "Civil Jury Instructions," accessed Jan. 14, 2016

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