Personal injury lawsuits involve two important issues: liability and damages. You must prove both parts of a personal injury claim in order to recover compensation for your injuries.
Liability / Fault
What caused your Connecticut car accident? Who is liable for your injuries? Answering these questions is not as simple as it may seem. While you may think the fault lies entirely with the person who rear-ended you or turned into your lane of traffic, the other driver may think differently. Determining liability is even more complex after an accident involving multiple vehicles, such as a highway pile-up.
Liability can be determined through reconstructing the accident, interviewing witnesses and using other evidence that shows how the accident happened. Both parties to a personal injury lawsuit may come up with differing theories of how the accident occurred.
Connecticut is a pure comparative negligence state. This means that you can recover compensation for an accident if you were 50 percent or less at fault; however, if the insurance company can show that you were partially at fault for the accident, you will not be able to recover full compensation for your injuries and other damages. Instead, your damages will be reduced based on the percentage of negligence attributable to you.
Damages
How much will it cost to repair or replace your car? What injuries did the accident cause? How much are your medical bills? What about rehabilitation? Have you lost income because you haven’t been able to work?
These are all questions you will need to answer in order to get a good idea of your damages. The more accurate the picture, the better. The insurance company / opposing party may provide its own evidence about how much damage you have suffered. Your doctor may say one thing; its doctor, another.
If a case goes to jury trial, each party (you and the insurance company) will have the chance to prove damages through evidence such as medical records and expert testimony.