If you’re a Connecticut resident, you know our state is no stranger to accidents. From car accidents to slips and falls, there is always a risk of sustaining an injury. And if you have been injured due to someone else’s negligence, then you may wonder what your options are.
Our state’s laws protect accident victims, ensuring they receive the compensation they deserve. This blog will cover everything you need to know about Connecticut injury law, from filing a claim to working with an attorney.
We’ll also dispel some common myths about the process so you can accurately assess your situation and make the best decision for your needs.
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What is a Personal Injury Lawsuit?
A personal injury lawsuit is a civil case filed by an injured person against the party responsible for their injuries.
The lawsuit aims to recover damages, which is monetary compensation for the victim’s losses. These losses include medical bills, lost wages, pain, and suffering.
To prevail in a personal injury lawsuit, the victim must prove that the negligence of another party caused their injuries. This means that the other party failed to take reasonable care to prevent the accident from happening.
For example, if you were injured in a car accident caused by a distracted driver, you would likely have a valid personal injury claim against them. Their failure to pay attention to the road violated their duty of care, and as a result, you were injured.
What Are the First Steps After an Accident?
You should seek medical attention if you have been involved in an accident. Even if your injuries seem minor, it’s essential to get checked out by a doctor as soon as possible.
This ensures any injuries are correctly diagnosed and treated. It will also create a record of your injuries which any Connecticut injury law firm can use for your personal injury case.
After seeing a doctor, you should reach out to a personal injury attorney. An experienced Connecticut injury attorney will evaluate your case and advise you on the best course of action.
They can also help you deal with insurance companies and navigate the legal process so that you can focus on your recovery.
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How Do I Know If I Have a Valid Personal Injury Case?
A few key factors must be present in Connecticut for a personal injury case to succeed.
- It must be shown that the other party was at fault for the accident. This means they acted carelessly or recklessly, and their actions led to your injuries.
- You must have suffered some injury due to the accident. This could be physical, emotional, or financial harm.
- You must prove your injuries were caused by the accident to recover damages. If you can show that all of these elements are present, you may have a valid personal injury case in Connecticut.
To do this, you’ll need to gather evidence to support your claim. This may include eyewitness testimony, photos or videos of the accident scene, and your medical records.
An experienced personal injury attorney will know how to build a strong case and collect the necessary evidence to prove your claim.
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What are the Deadlines for Filing a Personal Injury Lawsuit in Connecticut?
There are strict deadlines for filing a personal injury lawsuit in Connecticut. These deadlines, known as statutes of limitations, vary depending on the type of accident. For example, the statute of limitations for most car accidents is two years from the date of the accident.
If you were injured in a car accident, you would have to file a personal injury lawsuit two years from the accident date. If you do not file within that time frame, you will likely be barred from doing so.
Note that there are some exceptions to the statute of limitations. For example, if the victim is a minor, they may have more time to file a lawsuit. And in some cases, the deadline may be extended if the responsible party tries to cover up their negligence.
If you are unsure of the deadline for your case, speak with an attorney as soon as possible. They will determine the correct deadline and ensure your case is filed promptly.
Related Article: What Evidence Is Needed for a Car Accident Case?
How to file a personal injury lawsuit in Connecticut
The first step is to contact a personal injury attorney who can evaluate your case and determine whether you have a strong claim.
If you have a valid case, your attorney will file a complaint with the court and serve the defendant with a summons.
The defendant will then have an opportunity to respond to the complaint, after which the discovery process will begin. This may involve exchanging information and documents related to the case, as well as taking depositions from witnesses.
Once discovery is complete, the case will either go to trial or be resolved through settlement negotiations.
If you are considering filing a personal injury lawsuit in Connecticut, consult with a personal injury attorney who can guide you through the process.
Connecticut Personal Injury Liability
Connecticut law imposes a duty on all people to exercise reasonable care in their activities. If someone fails to live up to this duty and somebody is injured. As a result, the law says that the at-fault party is liable for those injuries.
For someone to be held liable for your personal injuries in Connecticut, though, you must prove each of four main elements:
- The other party owed you a duty of care;
- The other party breached that duty by some action or inaction
- The breach directly caused your injury
- Your injuries are such that the court can compensate you.
“Duty of care” is a legal term for the responsibility that we have to act reasonably under the circumstances not to endanger others.
For example, all drivers owe other motorists on the road a duty to drive safely. A store owner owes customers a duty to keep the premises free of hazards.
Property owners generally owe people who come onto their land a duty to warn them of dangerous conditions or activities.
When it comes to children, there is a heightened duty of care since they cannot always appreciate dangers and protect themselves in the same way adults can. Thus, property owners must take extra precautions to prevent child injuries on their land.
Finally, medical professionals owe their patients a duty to provide competent medical care.
Related Article: What Is Connecticut’s Comparative Fault Law?
If someone does or fails to do something that violates this duty of care and somebody gets hurt directly, then the at-fault party will likely be held liable in a Connecticut personal injury lawsuit.
Mere negligence-such as making an innocent mistake-is usually not enough to create liability. The breach of duty must be more than just negligent; it must be reckless or intentional for liability to attach.
Even if someone breaches their duty of care, they will only be held liable if that breach caused your injuries. So if you’re hurt in an accident, but it wasn’t somebody else’s fault, they won’t be held liable regardless of how careless they may have been.
For someone to be ordered to pay damages in a personal injury lawsuit, their injuries must be significant enough that the courts will recognize them and award compensation. Cuts and bruises might not meet this standard, but broken bones or permanent scarring usually will.
If you’ve been injured due to someone else’s recklessness or negligence, you may have grounds for a personal injury lawsuit in Connecticut. A Connecticut personal injury attorney can help you understand your legal options and fight for the compensation you deserve.
What are the Most Common Types of Personal Injury Cases?
There are many personal injury cases, but some are more common than others. The most common types of personal injury cases include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Slip and fall accidents
- Dog bites
- Defective products
What are the Most Common Injuries in Personal Injury Cases?
The most common injuries in personal injury cases include:
- Broken bones
- Internal bleeding
- Organ damage
- Soft tissue injuries
- Spinal cord injuries
- Traumatic brain injuries
What are Some Common Causes of Personal Injury Accidents?
There are many causes of personal injury accidents, but some are more common than others. The most common causes of personal injury accidents include:
- Distracted driving: Distractions can include anything that takes a driver’s attention away from the road, such as cell phones, GPS devices, and passengers.
- Drunk driving: Drivers under the influence of alcohol or drugs are impaired and cannot operate a vehicle safely.
- Reckless driving: Reckless driving includes speeding, running red lights, and weaving in and out of traffic.
- Poor road conditions: Poorly maintained roads can cause accidents by creating hazards such as potholes, uneven pavement, and loose gravel.
- Defective products: Products not designed or manufactured correctly can cause injuries when they break or malfunction.
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Awarded Damages in Personal Injury Cases?
Many types of damages can be awarded in personal injury cases, but some are more common than others. The most common types of damages in personal injury cases include:
- Medical expenses: This includes the cost of all medical treatment related to the accident, such as hospitalization, surgery, and rehabilitation.
- Lost wages: This includes the income lost due to the accident and the inability to work.
- Pain and suffering: This is the physical and emotional anguish caused by the accident.
- Property damage: This includes the cost of repairing or replacing any damaged property in the accident.
Get in Touch with a Connecticut Personal Injury Lawyer Today
If you or someone you know has been injured in an accident, you should understand your legal rights and options. This guide provides a helpful overview of Connecticut injury law, but there’s no substitute for speaking with an experienced attorney about your specific situation.
At the Jonathan Perkins Connecticut injury law firm, our knowledgeable personal injury lawyers are here to answer your questions and help you get the compensation you deserve. Contact us today for a free consultation.
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