|
Connecticut Car Accident Lawyers
and Attorneys
Submit
your Connecticut Accident Claim: Find an Attorney >>
Connecticut, unlike many states, does not require any specific
monetary or physical damage before a person can bring a lawsuit
against the operator of another automobile.
However, as with any legal claims there are issues that
need to be addressed before bringing a lawsuit. Most lawyers
and insurance companies refer to those two issues as "liability"
and "damages." These are the two most important factors
in assessing your case. The person bringing a claim must show
that the other party was negligent in the operation of their
motor vehicle; negligence is generally defined as a "failure
to use reasonable care". The person must also show that
that they have sustained serious damages and injuries.
Showing liability is the most difficult, yet most important
part of any claim. In Connecticut, you must show a judge or jury
that the operator of the other motor vehicle was more negligent
( at fault) than you. In other words, if you are found more than
fifty percent (50%) negligent, you will not recover any losses
in your action. Negligence is a very tricky subject. More often
than not, a case may be determined simply on the basis of your
theory of the accident against that of the other driver. In this
instance, you will need a capable and experienced attorney who
understands how to prepare your case for trial. Although many
automobile cases result in some pre-trial settlement, a competent
attorney will prepare every case as though he or she expects
the matter to end up before a judge or jury. This type of strategy
will ultimately guarantee a successful recovery for the client
whether or not the matter is ultimately resolved by a court.
In addition, you will need to prove that you have sustained
serious damages. There are generally two types of losses recoverable
in a court of law: personal injury and property damage. Regarding
personal injuries, much of the analysis focuses around your medical
diagnosis following the accident. An attorney will typically
request an affidavit from a doctor or present your medical records
in order to prove that you have sustained injuries. Most often,
either your treating physician or an independent medical expert
will likely be required to testify regarding your injuries before
a court. In this instance, an experienced and competent attorney
is once again paramount. Although many doctors seek to provide
testimony at trial to the best of their ability, ninety percent
of their effectiveness depends upon proper preparation. And in
order to be properly prepared, every medical professional must
be counseled by your attorney prior to entering the courtroom.
This is where your attorney will "make or break" your
case.
Auto Claims in Connecticut
Connecticut auto accident lawsuits are based on allegations
of negligence. Simply described, negligence is the failure of
another to use due care in the operation of the motor vehicle
with whom you had an accident. Typically, in cases where serious
injury has resulted, a plaintiff will have claims for pain and
suffering, which is defined above; negligent and/or intentional
infliction of emotional distress; and loss of consortium.
In order to successfully state a claim for negligent infliction
of emotional, a plaintiff must show more than just the subjective
experience of mental distress, grief, anger or humiliation; the
plaintiff must prove through objective evidence that he or she
has been harmed. In other words, the court will require the plaintiff
to show that he or she sought treatment from a medical expert.
Courts will not allow a plaintiff to simply appear in court and
allege that he or she has experienced this type of damage. You
must have received medical treatment or produce a medical expert
that confirms that you have indeed suffered some type of mental
anguish.
To prevail on a claim for intentional infliction of emotional
distress, a plaintiff must establish that the defendant intended
to inflict emotional distress, or knew or should have known that
emotional distress was the likely result of his conduct; that
the defendant's conduct was extreme and outrageous and beyond
all possible bounds of decency; that the defendant's actions
were the cause of plaintiff's distress; and that the emotional
distress suffered by plaintiff was severe and of such a nature
that no reasonable person could be expected to endure it.
This is a very difficult allegation to prove. It typically
requires a showing that the defendant's operation of the vehicle
at the time of the accident was either intentional or in such
a reckless manner, that he or she should have known that the
accident would result.
A plaintiff may also have a claim for loss of consortium in
instances where a family member or spouse is severely injured
or dies as the result of an automobile accident. Loss of consortium
may be proven in the spousal arena by showing that the relationship,
both physically and emotionally, has been damaged as a result
of the accident. In the familial arena, parents of a child or
an adult child who is dependent on his parents for support may
have a claim for loss of consortium where the child has been
seriously injured against any person who is legally responsible
for causing such injury.
Finally, a plaintiff may have a claim for wrongful death against
the operator of a motor vehicle where said person has operated
his or her vehicle negligently causing an accident which results
in the death of another. This claim must be asserted on behalf
of the executor of the decedent's estate. Typically, this claim
is asserted in instances in which the defendant has been criminally
convicted of Driving Under the Influence ("DUI") of
alcohol. Once again, you will need an attorney to ensure that
you have properly asserted all the claims upon which you are
entitled to recovery. You should always seek advice and counsel
of a competent attorney prior to initiating any type of legal
proceedings against another.
Limitations on Claims
In Connecticut, you have two years from the date of the accident
to file a claim for your injuries. Nevertheless, you should contact
your attorney immediately in order to begin building your case. |
