Most Connecticut crash claims end with a settlement, not a trial. Knowing what goes into the number makes it easier to judge an offer.
What a claim includes
- Medical expenses, past and expected.
- Missed pay, plus reduced ability to earn later.
- Physical pain, emotional strain and things you can no longer do.
- Property damage, including repairs or the value of a car that’s a loss.
What pushes the number down
Your share of fault. Under CGS 52-572h, each point of fault assigned to you trims the award, and a share above everyone else’s combined ends it.
Policy limits. Connecticut’s floor for liability insurance sits at $25,000 per injured individual, with $50,000 as the per-crash cap. When that’s all the other driver has, the UIM coverage on your own policy may count for more.
Gaps in treatment. Insurers often argue that missed appointments mean you weren’t really hurt.
What can push it up
When the other driver was drunk, recklessly speeding or committed certain other violations, CGS 14-295 allows double or treble damages if the claim is properly pleaded and proven. See double and treble damages.
Liens and repayment
Health plans, Medicare, Medicaid and workers’ compensation carriers may expect repayment from a settlement. These amounts can sometimes be reduced. Ask how they’ll be handled before you accept an offer.
Attorney fees in Connecticut
Connecticut injury fees are usually a percentage of the recovery. Connecticut caps those fees in personal injury, wrongful death and property damage cases under CGS 52-251c. The cap is one-third of the first $300,000, 25 percent of the next $300,000, 20 percent of the next $300,000, 15 percent of the next $300,000 and 10 percent of anything over $1.2 million. A client can agree in writing to waive the cap. Costs like filing fees and medical charts are often handled separately, so ask.
Before you sign a release
- Make sure you’ve finished treatment or know what future care will cost.
- Check whether other coverage, such as underinsured motorist coverage, is still available.
- Know how liens and fees will come out of the money.
- Remember that a release usually ends the claim for good.