personal injury case

How do I Know If I Have a Personal Injury Case in CT?

Most people understand the term “injury.” We’ve been falling since we were kids and that’s part of growing up. But as we get older and fit into society, there is an expectation of reasonable behavior in a civil society to keep us all safe.

You expect the person driving the car next to you to stay in his lane and not cut you off.  You expect the elevator in a place of business to be working properly. You expect not to have crates fall on you in a big box store.

Those are reasonable expectations. However, in the real world these things do happen, and many times, they happen because someone else was negligent. When someone is injured due to the negligence of others, a personal injury lawsuit can be filed. 

The civil court proceeding will help you recover your medical bills, the cost of rehabilitation, and the loss of wages from being out of work.  If your injuries are catastrophic, a personal injury lawsuit will help replace the income you lost and pay some of the bills which otherwise can be overwhelming.

Under Connecticut law and its statute of limitations, you must file your personal injury lawsuit within two years of the date of the injury.  If you do not, you will lose your right to ever file an action for compensation.

Comparative Fault

Connecticut is a comparative fault state. That means if you share some degree of blame for the injury, that percentage will be subtracted from any amount you are awarded.

If, for example in a car accident, you were found to be 20% at fault for speeding prior to the collision, you will be awarded only up to 80% of the total judgement or settlement, if there is one. On the other hand, if you are found to be more than 50% at fault for your own injuries, you will not be allowed to collect from the defendant.

Types of Personal Injury Cases in CT

Catastrophic injury may result from a motorcycle accident, a fall, a car crash, or medical malpractice.  You may have been mauled by a dog or hit by a car while riding your bicycle. Maybe a loved one in a nursing home is covered in bruises or you are exposed to toxins in the workplace.

These are preventable injuries that could result in the filing of a personal injury lawsuit because someone was negligent or showed a wanton and reckless disregard for others.

It will be the job of your personal injury lawyer to consider all the factors and determine the at-fault party.

Personal Injury Actions might include:

Premises Liability – These are commonly referred to as “slip and fall” injuries and for some, a fall can be very serious, especially if it involves an injury to the head. Falls among older Americans account for over 50% of injury-related deaths, and they may be preventable if the premise owner makes sure his property is free of hazards.

Dog Bites – Under Connecticut law, the owner of a dog who bites is strictly liable for those injuries regardless of the history of that dog’s past behavior.  The only exception might be when someone is teasing a dog or was a trespasser.

Car /Truck Accidents – Because Connecticut is a “fault” state, the at-fault party is responsible for compensating everyone injured in the accident. Their insurance will pay the bills, but your personal injury attorney will need to make it clear what the accident has cost you financially. Never admit fault at the scene of an auto or trucking accident.

Connecticut does not have damage caps in a personal injury case and it allows for punitive damages even in medical malpractice cases, though that amount is limited to the actual cost and attorney’s fees. 

Personal Injury Lawyer in CT

If you have experienced a personal injury that may not have been your fault, it is very important to call an experienced injury lawyer right away.

Apex Law’s Toney Pignatiello has extensive experience with personal injury litigation and thoroughly understands Connecticut law. It will be his job to send a demand letter to the insurance company outlining your injuries and the cost to you. And he can help you seek compensation for your injury caused by someone else’s negligence.

Call our office at 860-385-8360 to schedule a complimentary consultation and case assessment.