Recoverable Damages in a Connecticut Personal Injury Case

July 30 2024 | Personal Injury

A personal injury case in New Haven is a chance for an accident victim to seek financial compensation for the harm he or she suffered due to another person’s negligence. A successful case could provide monetary damages that reimburse the victim for a variety of tangible and intangible losses. A fair damage award can help a victim move forward after an accident.

Types of Recoverable Damages in Connecticut

The two main categories of recoverable damages in Connecticut are compensatory and punitive. Compensatory damages are awarded for the purpose of compensating the victim or plaintiff, or to make him or her whole again after a harmful accident. Punitive damages are awarded to punish a defendant rather than reimburse a plaintiff.

Economic Damages

Compensatory damages are broken down into economic and noneconomic damages. Economic damages refer to the financial harm or monetary losses sustained by the plaintiff because of the accident or injury. These may include:

  • Past and future healthcare costs
  • Surgeries, therapies and rehabilitation
  • Medications and medical devices
  • Diagnostic or imaging tests
  • Hospital stays and emergency care
  • Lost income and capacity to earn in the future
  • Disability costs and accommodations
  • Property damage repairs or replacement
  • Transportation and travel costs
  • Out-of-pocket expenses

Economic damages are easily quantifiable and calculated using hard numbers; a victim’s bills and receipts will be added up (and future foreseeable expenses estimated) to determine the extent of his or her monetary losses. This will then be used to determine a fair economic damage value.

Noneconomic Damages

Noneconomic damages can pay for any harm done to a victim that is not monetary in nature. These intangible losses are not as easily quantifiable. Noneconomic damages are typically based on a victim’s personal experience, such as injury severity and pain level. They are also referred to as “pain and suffering.”

Noneconomic damages may include:

  • Physical pain and chronic pain
  • Emotional distress or mental anguish
  • Anxiety or depression
  • Psychological harm or trauma
  • Loss of enjoyment of life
  • Loss of consortium
  • Permanent scarring or disfigurement
  • Grief or mourning

Unlike many other states, Connecticut does not limit or cap the amount of pain and suffering damages a victim can receive. There are currently no damage caps on any type of compensation in a Connecticut personal injury claim.

Punitive Damages

Punitive damages, also known as exemplary damages, are an additional amount that may be awarded in a case where a defendant exhibits an extreme disregard for the safety of others. In Connecticut, punitive damages are available in personal injury cases where a plaintiff can prove that a defendant showed a “reckless indifference to the rights of others or an intentional or wanton violation of those rights.”

If a driver knowingly operated a motor vehicle with a blood alcohol concentration level that is double the legal limit, for example, this could entitle the victim of a subsequent car accident to punitive damages as a means of punishing the defendant. Punitive damages are also awarded to discourage other individuals in the community from engaging in similar acts of wrongdoing.

Recognizing the damages that may be recoverable in your case can help you seek the financial compensation that you deserve. Contact a New Haven personal injury attorney at Jacobs & Jacobs for an in-depth evaluation of your case.

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