Frequently Asked Questions About Personal Injury Lawsuits in Connecticut
Posted on behalf of D'Amico & Pettinicchi, LLC on Jul 19, 2017 in Personal Injury
If you have been injured, it is likely that you have several questions about your legal rights and what you should do next.
Because of this, our Connecticut personal injury lawyers have answered some of the most frequently asked questions personal injury victims have. We understand the unique challenges you face after a personal injury and provide free consultations to review the specifics of your claim.
Do I Have a Personal Injury Case?
Although impossible to know if you have a case without reviewing the details of your accident and injury, there are some common characteristics that many personal injury cases have.
In general, if you were injured because of the actions of another, you may have legal grounds to file a personal injury claim. This includes situations in which an individual intentionally caused harm to another and those involving negligence, in which one individual did not act with reasonable care and caused injury to another.
Many cases are filed based on negligence, which will require evidence of the following four elements:
Duty of Care
A personal injury lawyer can help establish if the at-fault party owed you a duty of care. This simply means that he or she had a legal obligation to act reasonably and responsibly and not cause you harm.
Everyone has a duty of care to ensure the safety of those around them by not acting recklessly or carelessly. This can include following the speed limit and other traffic laws.
Professionals, such as doctors and nurses also have a duty of care to ensure they are providing similar care to their patients that others in their same position would provide.
Breach of Duty of Care
If an individual fails to uphold his or her duty of care and another individual is injured, the at-fault party could be held liable for the injuries.
A breach of duty occurs when someone acts without care for the potential harm that could be caused to others. For instance, speeding or running a red light could be considered a breach of duty of care. This could also include a doctor providing inadequate care to a patient.
In addition to proving that a breach of duty of care, or negligence, occurred, the injury victim must be able to prove that his or her injuries were a direct result of the at-fault party’s actions. It should be clear that the victim would not be suffering from his or her injuries if it were not for the actions, or inaction, of the at-fault party.
Finally, in order to file a claim and recover compensation for a personal injury, your injuries must have caused you to suffer damages. This could include medical bills, pain and suffering, or lost time at work.
How Long Do I Have to File a Personal Injury Claim in Connecticut?
If you think you may have a case, you should contact a personal injury lawyer as soon as possible because you have a limited amount of time to file a lawsuit.
Connecticut General Statutes Section 52-584 outlines the statute of limitations for filing a personal injury claim. Under current law, injury victims must file a lawsuit within two years from the date of the injury.
If your injuries were not immediately clear on the date of the incident, you have two years from the date you discovered, or should have discovered with reasonable care, your injuries. However, no lawsuit can be filed more than three years after the date of the incident.
How Much is My Case Worth?
The value of a personal injury claim will depend on the circumstances of your accident and injury. Because no case is the same, it is impossible to determine the value of your case without the review of a reputable personal injury lawyer.
However, in general, the value of your case will depend on the circumstances of the incident that caused you harm and the extent of your injuries. For instance, more severe injuries will require more medical care, which in turn will likely produce a larger compensation award in order to repay the victim for the costs he or she has had to pay for his or her injuries.
Your claim’s value will also depend on your actions at the time of the injury. If you were partially at fault for causing or worsening your injuries, your claim’s value could be reduced, according to Connecticut’s comparative negligence law.
Although it will depend on the details of your case, it may be possible to recover compensation for:
- Doctors’ visits
- Hospital stays
- Ambulance transportation
- Medical tests and treatment
- Medical equipment, such as crutches
- Lost wages from missed time at work
- Lost wages if you are unable to return to work
- Physical pain
- Mental anguish
- Inability to enjoy the things you once enjoyed
How Long Will It Take to Resolve My Case?
Because every case is different, there is no set timeline for resolving a personal injury case. Some cases can be resolved in a matter of months, while others could take years. The length of your case could depend on several things, such as:
- How long it takes to recover from your injuries
- If liability for your injuries is questioned
- If the insurance company or at-fault party is willing to negotiate and provide a fair settlement
- If we have to take the case to trial
Most personal injury cases will be resolved before going to trial, however, if it is in your best interest, our personal injury lawyers are always prepared to take a case to trial to recover the maximum compensation you deserve.
We are committed to doing what is best for our clients in the most efficient way possible.
Do I Need a Personal Injury Lawyer?
If you have been injured because of another’s person’s actions, you should seek legal assistance from a reputable lawyer as soon as possible to help ensure your rights are protected. Insurance companies and the at-fault party will have lawyers on their side, and you should too.
The attorneys at D’Amico & Pettinicchi are accomplished and well-respected Connecticut personal injury lawyers who have decades of experience fighting for the rights of those who have been injured throughout the state.
We have recovered millions in verdicts and settlements and are committed to fighting for the maximum compensation you deserve for your injuries.
How Much Does a Personal Injury Lawyer Cost?
Before hiring a personal injury lawyer, it is important to understand how the firm will charge you for handling your claim.
At D’Amico & Pettinicchi, our attorneys work only on a contingency fee basis. This means we do not charge any upfront fees. We only require payment if we recover compensation for you, and even then, we only charge a portion of your recovery. There are no out-of-pocket fees for hiring our lawyers. We also offer free consultations to review the details of your claim.
Contact Our New Haven Personal Injury Lawyers Today
If you are considering hiring a personal injury lawyer, do not hesitate to contact D’Amico & Pettinicchi. We are well-versed in Connecticut injury law and have the resources to handle your claim.
Contact us today to schedule a free, no obligation consultation.