Laws To Be Familiar With When Filing An Auto Accident Lawsuit In Connecticut
If you were in a car crash recently, then you might be dealing with some financial problems. However, you do have the opportunity to file a lawsuit, assuming that you meet several important criteria. This requirements can vary from state to state, which means that you will need to learn about those that apply in your current state. To help you out with that, here are some of the laws that will affect your potential accident lawsuit in Connecticut:
The Statute of Limitations
Your first order of business is to make sure that you are still within the statute of limitations. If too much time has passed since the date of the accident, then your lawsuit will essentially be dead in the water.
The general statute of limitations for a personal injury in Connecticut is 2 years. However, this can be extended if the injury was not immediately discovered, in which case the statute of limitations becomes 3 years at maximum.
Modified Comparative Fault
You also want to figure out exactly how much of your injuries you were responsible for. In states where modified comparative fault is practiced (like Connecticut), you are not eligible to get any compensation if you were found to be more than half responsible.
In Connecticut specifically, the cutoff is 51%. If you were anything less than 51% responsible for your injuries, then you can still file a successful lawsuit. However, if you are found to be exactly 51% or more responsible, then you will not get any money.
Even if you are below the cutoff point, your compensation will still be dramatically reduced if you are found to be partially responsible. This is done proportionally, so if you were 15% to blame, then you would only get 85% of the money that you ask for.
Fault Auto Insurance
Like most states, Connecticut is a fault insurance state. The alternative is to be a no-fault insurance state, which is extremely different when it comes to how lawsuits play out.
In fault states, you have the option of filing a lawsuit after any accident. No matter how small the damage, you can still ask for money in a court of law, though you won't necessarily win. You still do have the option of filing an insurance claim as well.
In a no-fault state, you cannot file a lawsuit until you meet a very specific requirement, which is that you must have been severely injured in the accident. If you were not severely injured, then you will have no choice but to file an insurance claim.
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