In a personal injury lawsuit, an injured party seeks compensatory damages to reimburse them for the injury-related losses, expenses, and other harm they have suffered in an accident. These funds should restore the victim to the position they would have been in had the injury never occurred and help them regain a sense of wholeness.
If your costs are piling up after experiencing a painful injury, you may wonder how you will financially recover. However, depending on the circumstances of your case, you may be eligible to pursue full and fair compensatory damages for the harm you have needlessly suffered by filing a personal injury claim.
What Are the Different Types of Compensatory Damages Available in Connecticut?
When you file an insurance claim in Connecticut, you can demand different compensatory damages for a personal injury. Compensatory damages include measurable losses, called economic damages, and the less tangible effects on your life post-accident, called non-economic damages. Pursuing both types of compensatory damages in your insurance claim allows you to seek relief for a wide range of losses and compensation that will help you to move forward while you heal.
What Are Economic Damages?
You can pursue economic damages in a personal injury claim to cover out-of-pocket expenses and other financial losses and costs incurred due to the injury. Common examples of monetary damages are:
- Medical expenses—You can seek reimbursement for all injury-related expenses, such as emergency care, ongoing treatment, rehabilitation, physical therapy, occupational therapy, prescriptions, medical assistive devices, and long-term care costs.
- Lost wages — You can pursue compensation for the income missed while recovering from the injury by calculating what you would have made during the recovery period.
- Loss of future earning potential — You can seek compensatory damages if your injury impacts your ability to work or causes a permanent disability, stifling your potential earning capacity and career growth.
What Are Non-Economic Damages?
You can also seek non-economic damages to compensate for an injury’s intangible and subjective impact. Types of non-economic damages you can seek in a personal injury claim include:
- Pain and suffering — You can pursue compensation for the physical pain and emotional discomfort caused by the injury. Factors that help illustrate pain and suffering include injury severity, pain, duration, and expected future pain.
- Loss of enjoyment of life — You can seek compensation to address the diminishment of the victim’s quality of life, including the ability to engage in activities that gave them joy. The loss can include the inability to participate in hobbies, missing out on quality time with loved ones, and losing independence in daily tasks.
- Emotional distress — You can address the psychological toll of an injury in your claim by pursuing compensation for increased feelings of mental anguish, including anxiety and depression, the development of post-traumatic stress disorder (PTSD), and other persistent emotional instability.
- Loss of consortium — You can pursue compensation to remedy the loss of companionship and intimacy that limits the physical and emotional closeness a marital relationship may experience after a painful injury.
What Evidence Do I Need to Prove Non-Economic Damages in a Connecticut Personal Injury Claim?
Having various forms of compelling evidence to demonstrate the injury’s costs and impact on your life can support your personal injury claim. You should be ready to offer evidence that includes:
- Medical records — This evidence can prove the extent of an injury and its impact. The medical records provide a detailed, objective account of the diagnosis, treatment, and prognosis. Examples include initial evaluations like emergency room reports, treatment history information such as doctor’s notes or surgical records, prognosis reports from treating physicians, and documentation of long-term care requirements.
- Witness statements — These statements provide firsthand accounts of the incident and its aftermath to establish the facts and support claims. You can also collect character statements from witnesses like friends, family, or coworkers, which will help you to describe the injury’s impact on your life.
- Expert testimony— This testimony gives professional insight into the injury’s effects and helps clarify injury issues or questions. Several experts, including medical, economic, and psychological experts, may contribute.
- Documentation of lifestyle changes — This documentation illustrates how the injury has disrupted the victim’s daily life and helps substantiate claims for non-economic damages. You can include personal journals, photos or videos, and evidence of missed activities.
Can I Receive Punitive Damages in My Case?
Punitive damages are not compensatory damages. They do not serve to compensate. Instead, they punish egregious behavior and deter future intentional or wanton violations of the law. In Connecticut, punitive damages have limitations. Generally, punitive damages apply in cases involving malicious, willful, or reckless conduct. These cases include:
- Product liability— Punitive damages in these cases punish companies that knowingly introduce defective or dangerous products into the market that endanger consumers. Failing to recall harmful products or hiding defects could result in a punitive damages award.
- Drunk driving accidents — Punitive damages may also be available in drunk driving cases, especially if a driver’s conduct demonstrates extreme recklessness or disregard for others’ safety. These cases include those that involve excessive intoxication, repeat drunk driving offenders, or accidents resulting in multiple injuries or fatalities.
Are There Caps on Damages in Connecticut?
There are no caps on compensatory damages for Connecticut personal injury claims. The only limitation on damages is what would be considered fair, just and reasonable under the circumstances of your case. So, in personal injury lawsuits, you can pursue compensation for the full extent of your economic and non-economic losses, including lost wages, medical costs, and more, in a Connecticut personal injury case. A strong claim in your personal injury case should include clear, compelling documentation such as medical records, pay stubs, and personal testimony about lifestyle changes. This evidence will outline your losses as you seek compensation to cover them.
Under the statute of limitations in Connecticut, you have two years from the date of the accident or event causing the injury to file a personal injury claim. While this may seem like a lot of time to pursue a claim, waiting too long to seek help from an experienced personal injury attorney and file a claim could bar you from recovering the compensation you deserve for the harm you have suffered.
Contact a Connecticut Personal Injury Lawyer Today
When you are dealing with a painful injury, you should not have to split your focus between your health and your personal injury case. At Jainchill & Beckert, LLC, we have more than 55 years of combined experience handling personal injury claims and fiercely pursuing compensation for our clients. We aim to reduce your worries and anxiety during a stressful time so you can heal while we manage your claim. Contact us today, receive a free consultation from an experienced personal injury attorney, and let us put our experience to work for you.
