The fourth element of a negligence case: Damages
Notice that damages are an element of the case. This means, if you have no damages then you have no case. You can’t be compensated for what might have happened. You can only be compensated for what did happen. Therefore, the fact that you “could have died” is not a basis for damages. Many people believe that what might have happened is a basis to increase damages. This is just not true. When evaluating damages, the only thing that matters is what did happen, not what might have happened. Be happy that what might have happened did not happen.
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If you or anyone you know is seriously injured by in a car accident in New London, Connecticut contact the New London car accident lawyers at The Bartinik Law Firm, PC., 100 Fort Hill Road, Groton, CT., 860 445 8521 or toll free at 888 717 4211.