Punitive Damages in a CT Personal Injury Claim
Brandon J. Broderick, Personal Injury Attorney at Law
If you are injured due to the reckless or intentionally negligent behavior of another, you are entitled to be compensated for your suffering, lost wages, medical expenses, property damage, and more. However, there are certain cases in which a court may impose additional penalties against the negligent party in an effort to punish them and deter others from doing the same thing. This is referred to as punitive damages.
In Connecticut, how do punitive damages work? We will explain these types of damages further as you continue reading.
If you find yourself injured under extreme circumstances in a CT accident, you may be awarded punitive damages in a personal injury lawsuit. However, it's highly recommended that you hire the help of a qualified CT personal injury lawyer to represent you.
Brandon J. Broderick, Attorney at Law has helped thousands of clients recover compensation in personal injury cases of all types. Allow us to help you make sense of your specific case by giving us a call today.
Personal Injury Damages: Punitive vs. Compensatory
Compensatory Damages
Compensatory damages are part of the majority of personal injury lawsuits. These damages, as their name implies, are meant to recover losses you suffer as a result of someone else's negligence in a car accident, slip and fall, or other types of accidents.
In Connecticut, compensatory damages are available for both economic and non-economic losses, as well as current and future losses. A lawyer can help you understand what you are entitled to in your specific personal injury case.
Punitive Damages
Punitive damages are meant to punish the defendant in a personal injury lawsuit who caused harm to the victim. Punitive damages are awarded in addition to compensatory damages when they are granted. However, these damages are not always awarded.
Calculating punitive damages can be complex and may use various factors to determine an amount, as they are not based on the victim's losses.
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Punitive Damages Available In Connecticut
Punitive Damages Under Connecticut Law in Personal Injury Cases
Regarding the availability of punitive damages in personal injury lawsuits, each state has its unique set of laws. Punitive damages are allowed in Connecticut under two different cases: common law and statute law.
Connecticut's Common Law Punitive Damages
Punitive damages may be awarded in personal injury cases that involve intentional or reckless behavior under Connecticut common law. Specific actions that qualify for a common law punitive damages in CT are described as grossly negligent, reckless or malicious. The amount that can be awarded in common law punitive damage cases alongside the claimant's compensatory damages is restricted to the expenses in pursuing the claim plus the claimant's legal fees.
Connecticut's Statutory Punitive Damages
In situations where specific traffic violations result in a car accident, further punitive damages may be granted under Section 14-295 of the Connecticut Code. The statue says:
“In any civil action to recover damages resulting from personal injury, wrongful death or damage to property, the trier of fact may award double or treble damages if the injured party has specifically pleaded that another party has deliberately or with reckless disregard operated a motor vehicle in violation of section 14-218a, 14-219, 14-222, 14-227a, 14-230, 14-234, 14-237, 14-239 or 14-240a, and that such violation was a substantial factor in causing such injury, death or damage to property.”
"Double or treble damages" in Section 14-295 refers to doubling or tripling the claimant's compensatory damages; the precise amount to be awarded depends on a number of circumstances, including the seriousness of the alleged traffic violation(s), which may include
For CT Personal Injury Cases, Brandon J. Broderick Is Here To Help
If another person's carelessness caused you injury, our CT personal injury lawyers can help you find a resolution to your case. The law office of Brandon J. Broderick, Attorney at Law, can provide clients with top legal assistance to ensure they recover the damages they are entitled to. We offer free consultations, so there is no risk in calling. Call us today to schedule an appointment.
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