Following a traumatic car accident or other injury, you might be wondering whether you have a personal injury claim against the party responsible for your harm. The sooner you can start working on collecting evidence, initiating the investigation, and working with legal support, the better chances you have to receive fair compensation.
So, how do you know if you qualify for a personal injury claim or lawsuit? You must first establish liability with evidence to support your claim. Working with a Connecticut personal injury lawyer from Wofsey Rosen can give you the help you need.
Requirements for a Connecticut Personal Injury Case
Personal injury, in legal terms, is more than just a physical injury. To know if you have a personal injury case, you must have suffered an injury due to someone else’s accidental or intentional conduct. While no amount of money will likely make up for the incredible pain you have experienced, personal injury law attempts to compensate you by making the responsible party pay for the damages they have caused.
Establishing Negligence
The first thing that you must do is build a strong evidence-based argument for the connection between the other party’s actions and your damages. You must establish that the responsible party had a legal duty of care to act in a way to prevent foreseeable harm. Examples include motorists being legally required to drive safely and obey traffic laws, and landlords having a responsibility to maintain reasonably safe conditions for tenants and visitors.
A breach of this duty of care must then be linked directly to your injuries, which is often accomplished by receiving professional medical attention immediately after your incident. Doing so will create a clear medical record of your condition, mitigating the potential defense by an insurance company that your harm was caused by something else.
Proving Damages
The last pillar of negligence following establishing a duty of care, the breach of that duty, and causation, is damages. You must have suffered actual measurable loss. Near misses do not count. Under Connecticut law, damages are categorized into two primary categories: economic and non-economic.
Economic damages are monetary losses that can be supported with receipts and documentation, such as current and future medical costs, lost pay, and repairs or replacements for personal property. Non-economic damages are more subjective and include psychological trauma, pain, and loss of ability to enjoy hobbies or connect with loved ones.
Critical Legal Factors in Connecticut Personal Injury Cases
Working with a local personal injury lawyer like those from Wofsey Rosen can help you understand the critical pieces of Connecticut law that will affect your case. Regulations and ordinances in your area can impact your case, but two main legal principles could bar you from recovering fair compensation.
Time Limit for Personal Injury Cases
Under Connecticut’s Statutes of Limitations, personal injury cases generally must be filed within two years from the date of the injury. If you attempt to file after this deadline has passed, you will likely be barred from any attempts to receive compensation. Some circumstances may allow you to file after the deadline, such as when an injury is not discovered until later, but these exceptions are rare.
Shared Negligence in Personal Injury Accidents
If you share partial responsibility for your accident, you could be barred from compensation depending on the percentage of fault you are assigned. Connecticut operates under modified comparative negligence, which allows you to recover compensation as long as you are less than 51% responsible.
If your fault is less than 51%, your award will simply be reduced by your percentage of fault. For example, if you are awarded $1 million in damages but found 20% liable, your final recovery will be reduced to $800,000. Working with a lawyer can help you strategically present evidence to corroborate your case and make sure your fault is fairly assigned.
The Value of Hiring a Connecticut Personal Injury Lawyer
Work with an experienced Connecticut personal injury lawyer to determine whether you have met the requisite elements to file a personal injury claim or pursue a lawsuit. At Wofsey Rosen, our role extends beyond just filing the paperwork. If we believe you have a valid case, our team will immediately begin securing forensic evidence, subpoenaing surveillance footage, and working to create a strategic, solid case for liability.
We will work with you to calculate a comprehensive value for your claim, both for your present recovery needs and your future. Our network of medical experts and life-care planners helps us predict future medical costs, home modifications, and lost earning ability so you will be taken care of for as long as necessary. Whether you have a long recovery ahead or have sustained permanent injuries, you deserve compensation from those who hurt you.
Insurance adjusters are well-trained in methods to minimize their payouts and deny claims. We present to them your strongest case based on strategic evidence, knowing what to look for and how to push back against spurious defenses. If an insurance company refuses to negotiate a fair settlement or denies your claim entirely, we are prepared to take your case to court.
We Can Help You Know if You Have a Personal Injury Case
We believe you deserve the support of an experienced attorney, no matter your current financial situation. With Wofsey Rosen, you will not have to pay a legal fee unless we win your case, and we charge no up-front out-of-pocket costs for our services.
If you are wondering whether you have a personal injury case, contact us for a free consultation. We will discuss the facts of your accident to determine if you are entitled to compensation. Our team is prepared to relentlessly advocate for your best interests so that you can focus on your recovery.