Pain and Suffering Damages in Connecticut

Connecticut may be well known for offering relaxing weekends away from Manhattan, but what happens if your retreat leaves you with more than just medical bills? You used to love horseback riding, and now even watching Black Beauty gives you nightmares. If an injury turned your life upside down, you may be entitled to compensation for more than just your medical expenses. Read on to learn about pain and suffering damages in Connecticut.

Noneconomic Damages

In Connecticut, pain and suffering damages are available as part of the larger category known as "noneconomic damages." The Chief Attorney in Connecticut reported that noneconomic damages can include:

• Physical pain and suffering
• Mental distress and suffering
• Permanent impairment or loss of function
• Disfigurement
• Loss of the ability to enjoy life's pleasures
• Loss of consortium
• Death

More details on pain and suffering damages in Connecticut are available in the table and accompanying explanations below.

Types of Claims

While Connecticut does not allow pain and suffering damages in workers’ compensation claims, the state does permit disfigurement and scarring benefits in certain cases, equal to the employee's weekly Temporary Total (TT) Disability benefit rate (certain restrictions apply). In addition, pain and suffering damages are available as part of noneconomic damage awards for several other claims including:

• Car accidents
• Defective Products
• Slip and fall
• Wrongful death
• Medical malpractice
• Intentional Injury (Intentional Tort)

Modified Comparative Fault

If your pain and suffering damages are the result of someone else's negligence, you will be able to recover even if you were as much as 50% at fault for your injuries. This is because Connecticut employs modified comparative negligence in the form of the 51% Bar Rule. This rule allows recovery so long as the plaintiff's fault was not more than the fault of the defendant. You will need to prove that the defendant's fault by a preponderance of the evidence.

Limits on Damages

Connecticut has state imposed deadlines that dictate the maximum amount of time you can wait to file a lawsuit, also known as statutes of limitations. Generally, the limit is two years for personal injuries, unless the injury was inflicted by negligent, reckless, or wanton conduct, including medical malpractice, in which case, the limit is three years from the time of the infliction of the injury. For product liability claims, any lawsuit must be filed within three years of the injury, or ten years of the purchase of the product, whichever occurs sooner.

Fortunately for parties injured in Connecticut, there are no state imposed limits on the damages you may recover.

Filing Pain and Suffering Damages? Talk to a Connecticut Lawyer

Maybe you used to love getting up for the sunrise each morning, and now you can barely make it out of bed. Or maybe you used to love dancing Salsa, and now all you can find the energy to do is lay on the couch as a result of your injuries. If you just do not feel like yourself, you may be entitled to more than just compensation for the bills you incurred. Get in touch with an injury attorney who knows whether you may be entitled to pain and suffering damages in Connecticut.