You have a right to compensation for any injuries that occurred due to another person’s or entity’s negligence. Recovering compensation calls for filing a personal injury claim against the at-fault party.
If, like most people, it’s your first time filing a lawsuit, the process can be daunting, and you may need to acquaint yourself with some basics. This guide is a good start, so keep reading if you are considering filing a personal injury claim.
Statute of Limitations
Your right to sue doesn’t run indefinitely; it’s bound to a time limit known as the statute of limitations. The statute of limitations for Connecticut personal injury claims runs for two years from when a claimant suffered harm (or the day they discovered it).
Claims against the state or the federal government have a statute of limitations that is much shorter at only six months from the date of injury. Also, you may have to follow different procedures when filing a claim against a state or federal government entity, such as notifying the state’s claims commissioner first.
The lapse of the statute of limitations means losing your right to compensation save for some few exemptions, such as where the victim is less than 18 years old, the accident resulted in the victim’s incapacitation, or the defendant wasn’t traceable or left the state.
Other Time Limits
Besides the statute of limitations, some accidents require reporting to the relevant authority within a specified time. Connecticut personal injury law doesn’t specify the time limit but has the words “don’t delay.” This reporting acts as the official documentation of the accident and can make a big difference in proving your case and linking your injuries to an accident.
Car accidents also have set reporting timelines. If you are in an accident that results in death or severe injuries, you are supposed to file a police report on the same day. For minor injuries or accidents that only result in property damage worth over $1,000, you have up to five days to file a police report.
Understanding Types of Personal Injury Claims
Connecticut tort laws cover a wide range of claims, and their approaches are diverse, so you will need to familiarize yourself with laws and approaches for specific harm suffered.
“The most prevalent personal injury claims filed in Connecticut courts include car accident, worker compensation, slip and fall, dog bite, and product liability claims,” says personal injury attorney Russell Berkowitz.
The type of harm you intend to file a claim for determines the types of claims you file and the lawyer you pick. Some personal injury lawyers will pick a specific type of claim and specialize in it, while others will work on cases in a wide range of areas, so keep that in mind when choosing one.
Recoverable Damages in Personal Injury Claims
Some personal injury claims end in pretty high settlements, making some people believe it is a get-right scheme. In actuality, what you get as compensation only covers damages incurred as a result of the accident, which can be monetary or non-monetary, and the valuation is based on the circumstances of a case.
Your contribution to the accident impacts recoverable damages. Connecticut follows a modified comparative negligence system that holds victims accountable for their contribution to an accident, with their right to compensation ending if their contribution exceeds 50 percent. For percentages lower than 50 percent, you can only recover damages relative to your percentage of fault.
