A personal injury is any injury or harm done to a person’s body or his or her property due to the negligent action of another person. A person who is a victim of a personal injury can file a lawsuit to claim compensation in court. Personal injuries often include motor vehicle accidents, medical malpractice or slip and fall accidents.
Statute of Limitations in Connecticut
As with all other states, Connecticut has also set a timeframe for individuals who want to file a personal injury claim in the court. It is vital to know about this time period before filing a personal injury claim. The statute of limitation in Connecticut is TWO YEARS. Some points to consider here are:
- The time period starts from the day on which the injury has happened.
- After two years, the court will simply refuse to hear your appeal.
- If the injury is discovered after the time of the incident, the time starts from the day when the injury was discovered.
Motor Vehicle Insurance in Personal Injury
In personal injuries involving car accidents, Connecticut is a “fault” state. Under this rule, the injured person is given certain options for filing claim in the court. He or she can:
- File an insurance claim from his own insurance company or the insurer
- Pursue a claim through the insurance company of at fault driver
- File a personal injury case in the civil court against the driver
Comparative Fault Rules in Connecticut
Under the ‘comparative fault’ rule applied by the state of Connecticut on personal injury cases, the injured party receives reduced compensation if he or she is partially at fault. The amount of reduction in the compensation corresponds to the percentage of the fault shared by the injured party.
For EXAMPLE, imagine you are driving over the speed limit on a highway. Suddenly you pass through an intersection and another driver crosses a red light and hits your car. In the court, it is eventually determined that you were partially at fault for speeding, and therefore share 10 percent of the total fault. As a result, the compensation amount that would have been $10,000 gets reduced to $9,000 due to your partial fault in the accident.
Often at times, the insurance company of the defendant raises the comparative fault issue to try and reduce the compensation owed to the injured party.
Caps on Damages in Personal Injury Cases
Some states have damage caps that limit the amount that can be awarded in a personal injury case. Connecticut however, does not currently have damage caps for any kind of personal injury cases.