Injuries can occur from any number of accidents. When someone intentionally, recklessly, or negligently causes another person’s injury, the at-fault party should take responsibility for the consequences. This is more than a principled moral position; it is what the law requires.
Being injured through no fault of your own is difficult enough, but when you must compel the party at fault to accept responsibility, achieving justice may demand an assertion of your legal rights. If you suffered a significant injury on account of someone else, speaking with a Windsor personal injury lawyer could allow you to hold that party responsible for any resulting damages. With the right legal counsel, you could set your life back on track.
What Are the Statute of Limitations for Personal Injury Claims?
There is a time limit for filing a claim alleging injuries as a result of negligence or recklessness. The plaintiff must file the claim within two years of the date the injury takes place, is discovered, or reasonably should be discovered. However, in some cases they must file in as little as 90 days. Someone in Windsor or South Windsor interested in bringing a civil action before the statute of limitations expires should get in touch with a local personal injury attorney for guidance on how to proceed.
In order to label the defendant negligent for an accident, the plaintiff must prove four essential elements. They include:
- Duty: The defendant owed the plaintiff a duty of care to avoid harming them
- Breach: The defendant breached the duty by failing to exercise reasonable care
- Causation: The breach caused the plaintiff’s injury
- Damages: The plaintiff suffered actual damages from the injury
An injured person who believes that another party could be legally accountable for damages on a theory of negligence, recklessness, intentionality, or statutory “strict liability” could obtain answers and insight by speaking with a personal injury lawyer in the Windsor area.
Potentially Recoverable Damages
Economic damages compensate a plaintiff for financial losses, including lost earnings and the cost of medical care. Non-economic damages compensate them for intangible non-monetary losses, including physical pain and suffering, mental anguish, and loss of enjoyment of life. An award for economic damages may be reduced by credits, set-offs, or losses for which the plaintiff bears some responsibility. Punitive damages could also be sought if the defendant was especially reckless or intentional in causing the accident. Punitive damages are meant as both punishment and a deterrent.
Speak with a Windsor Personal Injury Attorney to Discuss Your Claim
The success of a negligence claim depends on whether you can prove the opposing party’s negligence was the direct cause of your injuries stemming from an accident. A compelling argument requires a convincing presentation of the facts and laws relevant to your case. Someone with experience in personal injury law could be better suited for that task than someone without a legal background.
Avoid paying for someone else’s mistake. Speak with a dedicated Windsor personal injury lawyer who could offer critical information and insight about a potential injury claim.