Did you know that if you sustain injuries from a car accident, big truck accident, motorcycle accident, or other types of vehicle accident, you have the right to file a personal injury lawsuit to receive compensation? How does that work?
If the accident is the fault of another individual, they become liable to pay compensation. Also, if the accident results from a technical fault, the vehicle manufacturer becomes liable. You may file a personal injury lawsuit to receive damages if you are not the guilty party.
However, it is important to note that laws guiding personal injury lawsuits vary by state. States have different speed limits, traffic laws, highway regulations, compensation laws, etc. Thus, knowing the laws guiding the state where the accident occurs is essential before proceeding with the personal injury lawsuit. Speak to attorney Russell Berkowitz of Berkowitz Hanna Malpractice & Injury Lawyers to better understand the legalities involved.
This article explains four laws that affect personal injury lawsuits in the state of Connecticut and answers four frequently asked questions about personal injury cases.
Five Laws in Connecticut You Should Know About
Law One: Comparative Fault
The term “comparative fault” means weighing how guilty the parties involved in the accident determine the liable party. It also follows that one’s fault is proportionate to the reduction of compensation. So, if you are also partially at fault for the accident, the law will allow your compensation to be reduced.
Suppose you drive beyond the speed limit and your car collides with a big truck, even though the collision resulted from the truck driver's negligence. In that case, you also share partial responsibility for exceeding the speed limit.
As a result, the insurance company will calculate the extent of your fault and then assign a percentage to it.For example, going over the speed limit may calculate ten percent of the fault. After calculating the compensation you are due, the insurance company will then deduct the 10 percent fault penalty from the total compensation awarded. It is important to note that the percentage of your fault may exceed 10 percent, depending on how your actions contribute to the accident.
Law Two: Filing a Lawsuit
There are three ways to receive compensation in Connecticut:
- Your insurance provider: When you have insurance coverage on your car, you may contact your insurance provider to receive claims for the accident.
- The other driver's insurance provider: After filing a lawsuit, you may receive compensation from the liable driver's insurance provider.
- Civil court: If the driver denies fault, you may file a civil lawsuit in a civil court to determine the guilty party and the compensation you may receive.
Law Three: Strict Liability
In Connecticut, personal injury goes beyond auto accidents. When a dog attacks you and causes you physical injury, it falls under personal injury laws.
According to the strict liability law, owners are not liable to pay compensation when their dog physically injures someone if this is a first-time offense and you cannot prove beyond reasonable doubt that the dog is a danger to people. However, after the first offense, the owner becomes liable for any injury the dog causes.
Law Four: Damage Limit
In some states, there is a limit to the type of damages a person will pay for that the court will consider when reviewing a personal injury case. However, in Connecticut, there is no limit. As long as a person suffers physical or emotional injury as a result of the negligence of another party, the court will consider every type of damages applicable.
Four Frequently Asked Questions
What is the statute of limitation on personal injury cases?
Connecticut law provides that you must file a personal injury lawsuit within two years from when you suffer the injury. If you do not, you can no longer file a personal injury lawsuit.
However, the time limit is shorter when the lawsuit is against the government. If it is against a government official, you have six months to send a suit notification. If your suit is against the state, you have only a year to send your lawsuit notification.
What should I do when involved in an accident?
The first thing you should do is seek medical attention for yourself and all other parties involved. Even if you check yourself and have no visible injury, you should still let a medical professional examine you.
After seeking medical attention, you should start to document how the accident occurred. Take pictures if you can. You should then get the doctor's report after your medical treatment.
How do I know who is liable?
In Connecticut, when an accident results from a party's negligence, that party becomes liable to pay compensation. Also, when the court deems that a person's actions are beyond reasonable care, the court may hold them liable to pay compensation.
How do I prove that a person was negligent?
When a person does not provide reasonable care to victims of an accident, they become liable. Additionally, their actions must have caused the accident. When they do not adhere to set driving guidelines, it can lead to an accident. Reckless driving is also considered an act of negligence.
However, individuals are not the only possible liable parties. The manufacturer of the cars or trucks may also share liability if the accident was a result of a defect in the vehicle design or an engineering error.
Why You Should Contact an Attorney
Contacting an attorney and discussing your personal injury case has different reasons. Firstly, personal injury takes its toll on a person, both physically and emotionally, thus you might need more strength to heal and navigate legal hurdles.
Personal injury cases also require knowledge of the law, which specialized attorneys can assist in. For example, when discussing comparative fault with a personal injury attorney, you might need help understanding how to calculate fault percentage. Insurance adjusters may also try to use comparative faults to deny you compensation.
Most importantly, you should engage a personal injury attorney to help build your case and prove the guilty party's negligence. They will review the accident, try to find evidence that helps your case, and ensure you get the best compensation you may receive.
