If you've been injured due to someone else's carelessness or negligence, you may face an overwhelming amount of medical bills, a loss of income due to time off work, and even a decline in your quality of life. Automobile accidents and slip-and-fall accidents can both result in unanticipated injuries. It can drastically alter the way you live in an instant. When such an incident occurs, it is not always as simple as many perceive it to be to demand and receive compensation for damages.
The majority of individuals who file a Connecticut personal injury lawsuit have never done so before. Until something happened to them, they may have never given the idea a second thought. Our experienced legal team acknowledges that the prospect of a lawsuit can be intimidating. At Brandon J. Broderick, Attorney at Law, we believe in providing superior client service and will guide you through the process. Despite the fact that every claim for personal injury is unique, there are a few frequently asked questions and common issues that arise early on. Here are four tips to review prior to filing a Connecticut personal injury lawsuit.
1 - Evaluate The Accident
If you or a loved one are injured, you most likely will not immediately consider filing a lawsuit. Given the potential injuries and medical expenses you may incur as a result of the accident, you should consider filing a claim. However, you should attempt to recall what occurred. Do you recall what caused the accident? Were there additional participants? Complete an assessment of the situation, gather notes, and formulate a strategy. Were your injuries caused by the negligence or recklessness of a third party?
2 - Obtain Medical Care
In accidents, serious injuries may occur. Sometimes these injuries are immediately apparent, while other times they manifest after days or even weeks. Visiting the hospital for medical attention is critical.
Even if your injuries appear to be minor, a doctor can determine if the situation is worse than it appears. If you decide to file a personal injury lawsuit, your records will be admissible as evidence.
3 - You Have a Limited Amount of Time to File a Personal Injury Claim in Connecticut
In every state, a rule known as the statute of limitations establishes the amount of time you have to file a lawsuit for all forms of civil court-heard claims. A personal injury claim must be filed within two years of the date the injury occurred in Connecticut. This deadline is crucial because you will lose the opportunity to have your case heard if you do not file your lawsuit within Connecticut's two-year filing window.
The Statute of Limitations is shorter for Claims Against Government Entities.
Within six months, your intent to file a lawsuit must be disclosed to the city or county. A claim against the state must be reported within one year to the State Claims Commissioner.
Consult with a CT personal injury attorney if you are uncertain about the specific limitations or deadlines for filing a claim.
4 - Connecticut is a “Fault” State With a “Comparative Fault” Rule
Due to the fact that Connecticut is a "fault" state, the at-fault driver's insurance company is responsible for paying for the other driver's damages in the event of an accident. This is also referred to as a "tort" state. However, the police and the insurance company are responsible for investigating the collision and determining who is at fault.
In Connecticut, both drivers may be held accountable for an accident. If each driver is partially to blame for an accident, this is referred to as shared fault. You cannot be more than 50% at fault in order to be eligible to seek and collect compensation.
It is not uncommon for a person or business against whom you have filed a claim to assert that you were partially or wholly responsible for the accident that caused your injury. The "comparative fault" rule in Connecticut reduces or eliminates damages when it is determined that the injured party is at least partially responsible.
In cases involving injuries that proceed to trial in Connecticut, the comparative fault rule must be applied. It is advisable to be prepared, as insurance adjusters may decide to bring up comparative fault during settlement negotiations.
Brandon J. Broderick, a Connecticut Personal Injury Lawyer, is Here to Help You Today
No one anticipates being involved in an accident and thinking about having to file a personal injury claim. Accident victims are not required by law to be represented by an attorney when submitting a personal injury claim. However, working with skilled personal injury attorneys in Connecticut can have a significant impact on the outcome of your case. Why take the chance of being compensated unjustly if you have no recourse? When you work with a personal injury attorney from our firm, you incur no upfront costs. We only collect payment for our services if we win your case. If we lose, you do not pay.
Contact Attorney Brandon J. Broderick for a free consultation. With our track record of success in personal injury settlements and our dedication to client care, we can help you recover from your setback. We have offices across the state of Connecticut, including Danbury, New Haven, Waterbury, Bridgeport, Norwalk, Hartford, and Stamford.