Understanding Personal Injury Compensation: What You Need to Know
If you were injured in an accident, there can be a lot to take care of after physically recovering and dealing with mounting bills. If the negligence of others caused your injury, you deserve justice.
If someone else’s negligence injures you, you may be entitled to compensation for your lost wages, medical bills, pain and suffering, and other losses.
Our firm has handled different types of personal injury cases, including:
- Car Accidents
- Motorcycle Accidents
- Construction Accidents
- Medical Malpractice
- Slip and Falls
- Brain Injuries
- Burn Injuries
- Dog Bites
- Premises Liability
- Product Liability
- Sexual Abuse
- Workplace Injuries
- Wrongful Death
For personal injury victims, there are different kinds of compensation, depending on the circumstances of your case.
Understanding the compensation you may be entitled to recover in a personal injury case is key to getting the justice you deserve. Our experienced team of attorneys at Kennedy, Johnson, Schwab & Roberge, P.C. will guide you through the process and answer any questions. Understanding the full value of your case is essential to helping you receive the fairest possible settlement. Your personal injury attorney can determine a monetary value for your case and vigorously pursue the results you deserve.
What Are the Types of Compensation Available in a Personal Injury Claim?
In Connecticut, personal injury victims are entitled to compensation for economic damages, non-economic damages, and possibly punitive damages. When determining your damages, our dedicated legal team of attorneys will account for your current and future losses and vigorously advocate for the highest possible compensation.
Economic Damages:
Economic damages cover financial costs or losses you experience from the accident and future costs, such as:
- Medical expenses
- Lost wages
- Long-term care
- Rehabilitation
- Property loss
- Loss of earning capacity
Non-Economic Damages:
Non-economic damages compensate for non-monetary losses, including:
- Pain and suffering
- Loss of consortium
- Loss of quality of life
- Emotional distress
- Physical impairment/limitations
- Disfigurement
What Are Punitive Damages and How Are They Awarded?
Not every case qualifies for punitive damages, and eligibility varies by claim type, but they are usually awarded in cases of extreme negligence or misconduct. Punitive damages are awarded only at a judge’s discretion where the defendant’s reckless or malicious actions caused your injuries, and to punish the defendant for their actions.
Punitive damages are available only if the defendant acted intentionally or with reckless indifference to the rights of others. In Connecticut, common-law punitive damages are generally limited to litigation expenses and reasonable attorney’s fees and are reserved for intentional or reckless misconduct.
Our attorneys at Kennedy, Johnson, Schwab & Roberge, P.C. will assess the circumstances of your case to determine if punitive damages are appropriate, and will relentlessly fight for your right to them.
How Are Punitive Damages Calculated in Personal Injury Cases?
Punitive damages are awarded only at a judge’s discretion where the defendant’s reckless or malicious actions caused your injuries. Punitive damages are meant to deter future misconduct while punishing the defendant.
Factors like the defendant’s intent and behavior during the accident are considered, and it is determined whether punitive damages are appropriate for the case. Punitive damages are typically awarded at the court’s discretion when the defendant’s behavior is found to be especially harmful.
If your case qualifies for punitive damages, they are limited to the cost of litigation and attorney fees.
What Are Some Examples Where Punitive Damages Apply?
Punitive damages are rare and typically reserved for egregious conduct, such as reckless driving, certain product-defect cases, or willful safety violations. The most important aspect is proving that the defendant acted recklessly and disregarded safety.
Special Compensation Circumstances That May Affect Your Personal Injury Case
In some personal injury cases, you may be eligible for compensation beyond typical economic and non-economic damages.
Determining liable parties can also impact your case. While one person could have caused your injury, there could have been other factors that contributed to your accident. For example, if a commercial truck hit you, the driver may be liable, and the trucking company or a parts manufacturer could share responsibility if maintenance or defects contributed.
For workplace injuries in a third-party construction accident case, you can recover medical expenses, lost wages, and property damage. The Connecticut Workers’ Compensation Act provides funding to replace wages and medical benefits for employees injured while working.
For wrongful death lawsuits, damages are determined by the decedent’s loss, not the family members. Recoverable damages can include funeral and burial expenses, lost earning capacity, and conscious pain and suffering.
In Connecticut, damages are not awarded for sentimental loss. The deceased’s executor or a personal representative can recover the damages. The representative can also recover compensation for pain and suffering their loved one experienced before their death.
Certain statutes may authorize enhanced or punitive-type remedies; we’ll evaluate whether any apply to your case.
Workers’ Compensation and Personal Injury Claims
Workers’ compensation is there to help employees injured at work receive compensation for their workplace injury.
Workers’ compensation accident claims we’ve worked on include:
- Industrial and Factory Accidents
- Construction Accidents
- Repetitive Stress Claims
A personal injury claim is when the negligence of others injures someone, such as a car accident, slips and falls, defective products, or any other claims resulting from someone else’s carelessness.
There could be a personal injury claim separate from your workers’ compensation claim if, for example, you were injured at work but a coworker was not performing their job duties as they should or was acting recklessly. In Connecticut, workers’ comp claims for accidental injury must be filed within one year; occupational disease claims within three years of first manifestation.
What Is a Wrongful Death Lawsuit and Who Can Claim Compensation?
If you’ve lost a loved one due to someone else’s negligence, you may be entitled to wrongful death compensation. Wrongful death claims happen if someone dies from another’s actions or inaction, and Connecticut has unique claim methods.
In Connecticut, damages are based on the decedent’s harm, not the family that lost their loved one. Under the state’s law, an estate’s executor, who was named in a person’s will, or an administrator, who the court would appoint, must be the one to file a case. A personal representative of the estate may also file a claim.
aIf you’ve lost a loved one due to someone else’s negligence, you may be entitled to wrongful death compensation. Wrongful death claims happen if someone dies from another’s actions or inaction, and Connecticut has unique claim methods.
In Connecticut, damages are based on the decedent’s harm, not the family that lost their loved one. Under the state’s law, an estate’s executor, who was named in a person’s will, or an administrator, who the court would appoint, must be the one to file a case. A personal representative of the estate may also file a claim.
If the personal representative of the deceased’s estate files a wrongful death claim, they generally will do so on behalf of:
- Surviving spouse
- Surviving children
- Surviving parents
- Deceased’s estate
If you think you may qualify, contact a wrongful death attorney well-versed in the law, like our team at KJSR. We can help you determine eligibility and file a claim on your behalf.
Factors That May Affect Your Personal Injury Settlement Amount
Several aspects may influence the types of compensation or amount you receive. Some of these factors can be:
- Your injuries’ severity and types of Injuries
- Your evidence’s quality
- The defendant’s liability
- Your insurance policy
- Your representation and attorney’s willingness to fight for you
Is There a Time Limit for Claiming Compensation for a Personal Injury Claim?
The statute of limitations in Connecticut can differ based on claim type. This is the amount of time you have to file a lawsuit after an incident. If your injuries were caused by negligence, misconduct, or malpractice, the typical limitation is two years from when the injury was sustained or discovered.
Workers’ compensation claims have one year from the accident date to file a claim, but if a third party was responsible for your injuries, the limitation is two years.
The wrongful death statute of limitations in Connecticut is generally two years from the date of death, and the lawsuit must be filed within five years of the incident that caused the death.
Failing to file your lawsuit on time can result in losing your right to compensation, but there are rare exceptions to these deadlines.
How to File Your Personal Injury Claim Before the Deadline
If you believe someone else caused your injuries, speak with an attorney promptly so evidence can be preserved and your claim can be filed on time. Even if you decide not to move forward, keeping this in mind can set you up for success when making a claim, and with only two years to file, there isn’t much time to waste.
First, if applicable (e.g., motor vehicle crashes), contact the police so an accident report can be filed. Gather the names and contact information for anyone involved in the accident or who witnessed it. Also, document the scene of the accident with photos or videos.
Get medical attention for your injuries, even if you believe you are not badly injured. Some injuries can be delayed in showing symptoms, which will provide documentation that you took these steps after an accident.
Contact a personal injury attorney and present them with the documentation and evidence you’ve gathered so far. Your attorney can continue gathering evidence and preparing your case with time before the statute of limitations expires. They will be able to conduct interviews with witnesses and collect more evidence, but the more time passes, the more likely it is that evidence—such as witness memories or video surveillance—will disappear.
Your attorney will also gather further evidence that may only be accessible with a court order, develop your legal argument, negotiate with the insurance company, or take your case to court if necessary.
Even if you believe you missed the filing deadline for your personal injury case, it may be worth reaching out for a free consultation with our KJSR attorneys to ensure you’re still eligible for compensation.
How to Maximize Your Compensation With a Personal Injury Claim Lawyer at Kennedy, Johnson, Schwab & Roberge, P.C.
Having an experienced attorney like our team at KJSR can make your case much easier than attempting it alone. An attorney will keep your case moving within a reasonable timeframe, prioritizing you, and providing responsive and sympathetic legal representation. Our attorneys will do everything in our power to make sure you receive the maximum compensation possible, like we did for previous cases.
$8.75M
Wrongful death as a result of Workplace Accident
Workplace Injuries
$16.5M
Settlement for bicyclist who suffered a traumatic leg amputation after being struck by a truck
Motor Vehicle Accidents
$2.75M
Exposure to carbon monoxide resulting in traumatic brain injury.
Personal Injury
$2.7M
Failure of emergency dispatcher to follow applicable protocols resulting in death.
Wrongful Death
$3M
Negligent service of alcohol resulting in motor vehicle accident causing paralysis.
Premises Liability
$3M
Wrongful Death as a Result of a Neurovascular Procedure
Wrongful Death
$4M
Death of a Construction Worker Killed in an Industrial Accident
Construction Accidents
$8.5M
Wrongful Death as a Result of Workplace Accident
Wrongful Death
$7.9M
Trucking accident resulting in serious injuries.
Motor Vehicle Accidents
Why Hiring a Personal Injury Lawyer from KJSR Is Essential
With a knowledgeable personal injury lawyer from KJSR on your side, you’ll be confident your case is being handled with care. We strive to achieve the best possible outcome and results for our clients, no matter how complicated their cases may be.
Our firm was recognized in the 2025 Best Law Firms rankings for Medical Malpractice Law, Personal Injury Litigation, and Product Liability Litigation. The 2025 Lawyer of the Year Awards for New Haven, Connecticut, also honored our firm partners.
We will aggressively fight for our clients’ justice and have maintained our client-first approach, as shown by their positive testimonials.
Contact our Experienced Personal Injury Attorneys At Kennedy, Johnson, Schwab & Roberge, P.C. for a Free Consultation Today
Our experienced team of attorneys at Kennedy, Johnson, Schwab & Roberge, P.C. can help you determine your eligible compensation and help you fight to receive it, no matter your accident or injury. Contact our attorneys today for a free consultation.
If you’ve been injured, call our attorneys at Kennedy, Johnson, Schwab & Roberge, P.C. at (203) 865-8430 or fill out our contact form for a free consultation.
If you’re injured in Connecticut, we’re here to help. We have offices in New Haven, Norwalk, and West Hartford.
FAQS About Personal Injury Compensation
Should I File a Personal Injury Lawsuit?
Filing a personal injury lawsuit in Connecticut depends on having sufficient evidence of negligence. To establish a negligence case, you must demonstrate that another party breached a duty of care and that you sustained an injury as a result. You can get a fair settlement from insurance, but insurance companies often don’t pay the damages victims deserve. In such cases, filing a lawsuit might be necessary.
Why Should I Hire an Experienced Personal Injury Attorney?
Having an experienced personal injury attorney by your side when pursuing a case can greatly affect how long your case takes and your involvement. Your attorney will handle the entire process of your claim, from negotiating a settlement or taking your case to court. A lawyer will investigate your case, gather evidence, file your claim, and handle all dealings with insurance companies. If no fair settlement is suggested, your attorney will litigate and fight for a fair court decision.
What Is the Average Personal Injury Lawsuit Settlement?
Every injury claim varies, depending on factors like the severity of your injuries, your past and future earning potential, your age and life expectancy, the insurance coverage available, and the skill of your Connecticut personal injury lawyer. Our team at Kennedy Johnson is well-known across the state for achieving significant financial recoveries and settlements that reflect the true damages suffered by our clients.
How Long Will It Take to Receive Compensation After Winning My Case?
Typically, it will take a couple of weeks to receive compensation after you’ve won your case or successfully settled with an insurance company. If we recover compensation in your case, we will collect our costs and a percentage of your compensation as our fee. Our firm works on contingency, and you will have no upfront charges unless your case is successful.
What Should I Do If My Personal Injury Case Is Denied?
Always consult an experienced personal injury attorney who can determine what options are available to you next if your claim is denied.