If you experience a catastrophic auto accident, medical recovery is your primary goal. However, when another driver caused the collision, you may be able to seek compensation that covers extensive long-term therapy, lost wages and other injury-related expenses.
Review the Connecticut laws about auto accident personal injury cases.
The role of fault
When you file a personal injury lawsuit, the court will review accident records, medical reports and other documents to determine whether you have a case. You or your attorney will gather witness reports, photos and videos of the scene, and other evidence to support your case.
Under the state’s modified comparative fault law, you must prove that the defendant is at least 50% responsible for the accident. If you share some liability, the judge can decrease your compensation accordingly.
You can ask for unlimited damages that cover time spent out of work, medical bills and property damage associated with the accident. You can also seek damages for both emotional and physical pain and suffering.
Connecticut also allows double and triple damages in cases involving deliberate or reckless driving conduct. For example, you could seek punitive damages if you suffered an injury in an accident involving an intoxicated driver.
Because Connecticut is a fault-based state for auto insurance, you can either seek compensation through your own insurance company, through the responsible driver’s insurance company or by filing a personal injury lawsuit. However, you only have two years to go through the legal system starting at the accident date. If you have a traumatic brain injury or another injury that did not arise immediately, the clock starts running on the diagnosis date.