Understanding Personal Injury Liability in Connecticut – Who is to Blame?

No one can prepare for personal injury – we can only react after it occurs. Personal injury results in many unforeseen expenses such as medical bills, missed time off of work, and other consequential damages. The following is some information regarding personal injury liability in Connecticut.

Statute of Limitations

Every personal injury lawsuit has a time limit in which a victim may sue for damages incurred. The maximum time someone has to file a lawsuit for personal injury is referred to as a statute of limitations. In Connecticut, the statute of limitations for a personal injury lawsuit is two years.1 That is, you must file the lawsuit for personal injury within two years of the date on which you suffered the injury. Failure to timely file a lawsuit may result in your claim being denied.

There are also specific notice requirements and deadlines for claims against the state that require immediate attention. If you believe the government should be held liable for your injuries, it is important to exercise your right to sue as soon as possible if you believe the State or local government is to blame for your injury.

Comparative Fault

In any personal injury case, it is critical to determine who is at fault and the extent of fault that can be attributed to each party. In some jurisdictions, if the plaintiff is at fault, then they will not be entitled to recovery. However, Connecticut uses a modified comparative fault rule that allows plaintiffs to recover in the event they are somewhat responsible for their injury. If the plaintiff is found to be 40% at fault and the defendant is 60% at fault, then the plaintiff will be awarded 40% of the total judgment or settlement reached. However, if the plaintiff is found to be more than 50% at fault for their own injury, then they will not be allowed to collect from the other at-fault party or parties.

A large majority of personal injury cases are settled by insurance companies. Insurance companies are very familiar with the Connecticut modified comparative fault rules and will use them as bargaining chips when attempting to settle the case. It is imperative that you allow an attorney to negotiate on your behalf in order to ensure you are awarded the money you are owed.

Consulting with an Experienced Illinois Personal Injury Attorney

The Polito & Harrington attorneys are very familiar with Connecticut and Rhode Island personal injury laws. Assessing fault is critical in any personal injury case; understanding the cause of injury can make or break a case. We offer free initial consultations to potential clients and will help you understand the merits of your case. Call us today at 860-447-3300 or contact us online to discuss your personal injury claim. We are prompt with our responses and will fight to get you the justice you deserve.