Personal injury law covers a broad range of cases including premises liability, medical malpractice, auto accidents, injuries caused by defective products of all types, and many other areas. The basic concept of personal injury is the same throughout the U.S. and much of the world, but the details of personal injury law can be very different in each state.
Product liability is just one area of personal injury law which encompasses a wide variety of accidents and injuries including:
When a defective product is involved your case may at first appear to be a different type of case, such as a simple auto accident or medical malpractice. Defective products can add to or completely change the responsible parties involved. Fault, in a defective products case, falls under strict liability. Under strict liability you must prove that:
- The product was unreasonably dangerous, even if used properly
- You used the product properly
- The product caused your injury
- You suffered damages
The majority of personal injury cases require that you prove negligence, in order to prove fault. Negligence means that the person at fault failed to use reasonable care, thus causing your injuries. Negligence includes the following four elements:
- The person who caused your injuries owed you a duty
- The person failed to uphold that duty
- That failure caused your injuries
- You suffered damages
Statute of limitations
The “statute of limitations” is your legal time limit to file a lawsuit. Once this time limit runs out, if you have not taken action then you have given up your right to compensation by default. In Connecticut the statute of limitations is two years, for most personal injury cases. However, certain types of lawsuits have different time limits and special circumstances can affect when the two year period begins.
For more in depth information about time limits in Connecticut read our Connecticut Statute of Limitations page.
If you are injured in the state of Connecticut you may be entitled to compensation for your losses including:
- Lost wages, including time taken off work to attend medical appointments
- Past, current, and future medical expenses
- Lost earning capacity
- Expenses incurred as a result of your injury, such as hiring someone to help out around the house while you recover
- Property damage
- Permanent disability
- Permanent disfigurement
- Emotional distress, including depression and anxiety
- Interference with family relationships
The existence and amount of punitive damages available for your case will depend on the type of case and the nature of the responsible party’s actions.
Comparative negligence refers to the role you may have played in your accident. Connecticut uses the doctrine of “modified comparative negligence.” This allows you to receive compensation as long as you were 49% or less responsible for your injuries. In that case, those who were responsible for your injuries would pay damages equal to their percentage of fault.
Who pays when there is more than one responsible party
Under several liability each responsible party is held liable for their portion of the damages and cannot be held responsible for anther party’s failure to pay. You must collect the compensation you are awarded individually from each responsible party.
In Connecticut, if you have not been paid in full within one year of the final judgment the court may re-allocate the remaining damages.
Personal injury laws vary from state to state. If you believe you have a personal injury claim and you live in Connecticut, please contact one of our Connecticut personal injury lawyers for a free claim evaluation.