When you’ve been injured in an accident and someone else’s negligence was to blame, seeking compensation isn’t always an easy task. Understanding the types of damages available, particularly compensatory damages, is key in having a successful personal injury claim in Connecticut. Compensatory damages are intended to make an injured party whole again, covering both tangible and intangible losses caused by an accident.

Our article will explain what compensatory damages are, how they work under Connecticut law, and what you need to know to maximize your recovery.

For those injured and in need of legal help, do not rely strictly on information you find on the internet, consult with an experienced CT personal injury lawyer for advice. The team at Brandon J. Broderick, Attorney at Law is here for you, 24/7, available for injured parties.

What Are Compensatory Damages?

Compensatory damages are the most common type of damages awarded when you hear about personal injury cases. Their primary purpose is to reimburse the injured party for the harm and losses they’ve experienced. Unlike punitive damages, which are meant to punish the wrongdoer, compensatory damages focus solely on restoring the victim to the position they were in before the accident.

Compensatory damages fall into two main categories: economic damages and non-economic damages.

Economic Damages in Connecticut Personal Injury Claims

Economic damages represent the tangible financial losses incurred as a result of an injury. These are typically easier to calculate and prove since they are tied to specific bills, receipts, and other financial documentation.

Examples of Economic Damages:

1. Medical Expenses: Includes costs for hospital stays, surgeries, medications, physical therapy, and any future medical treatments related to the injury.
2. Lost Wages: Compensation for the income you lost while recovering from your injury.
3. Loss of Earning Capacity: If the injury prevents you from returning to your previous job or limits your future earning potential, you may be entitled to recover damages for this loss.
4. Property Damage: Covers the cost of repairing or replacing any property damaged in the accident, such as a vehicle in a car crash.

Connecticut law allows for full recovery of economic damages, provided they can be substantiated with clear evidence.

Non-Economic Damages in Connecticut Personal Injury Claims

Non-economic damages are designed to compensate for losses that don’t have a direct monetary value. These damages are more subjective and often require testimony from experts, as well as compelling narratives, to demonstrate their impact on the victim’s life.

Examples of Non-Economic Damages:

1. Pain and Suffering: This compensation is awarded for the physical pain and discomfort caused by the injury.
2. Emotional Distress: Covers psychological impacts such as anxiety, depression, or post-traumatic stress disorder (PTSD).
3. Loss of Consortium: Provides compensation for the loss of companionship, affection, or sexual relations experienced by the victim’s spouse.
4. Loss of Enjoyment of Life: Accounts for the inability to participate in hobbies, activities, or other aspects of life that brought joy before the injury.

Connecticut does not impose caps on non-economic damages in personal injury cases, allowing victims to seek full recovery for their intangible losses.

Proving Compensatory Damages in Connecticut

To recover compensatory damages, you must demonstrate the extent of your losses and establish a direct connection between the other party’s negligence and your injuries. The burden of proof lies with the injured party, making it important to gather and present strong evidence.

Evidence That Can Strengthen Your Claim:

• Medical records and bills
• Pay stubs or tax returns to show lost wages
• Testimony from medical experts or economists
• Personal journal entries detailing pain and emotional struggles
• Photographs or videos of your injuries and recovery process

An experienced personal injury attorney can help you collect and organize this evidence to present a compelling case.

Statute of Limitations for Personal Injury in Connecticut

Connecticut law gives you a two-year statute of limitations for filing a personal injury claim – a timeline which begins on the date of the accident. If you fail to file a claim within the two-year timeframe, you may lose your right to seek compensation. However, exceptions may apply in cases where the injury was not immediately apparent or involved a minor.

Consult an attorney early in the process ensures that your claim is filed on time and complies with all legal requirements.

How Connecticut’s Comparative Negligence Rule Impacts Damages

Connecticut follows a modified comparative negligence rule. This means that you can recover damages even if you were partially at fault for the accident, as long as your level of fault does not exceed 50%. Your awarded compensation is reduced by the percentage of fault assigned to you in the accident.

For example, if your total damages are $100,000 and you are found 30% at fault, your recovery will be reduced to $70,000.

Call Brandon J. Broderick For Legal Help

Navigating Connecticut personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.