Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
If a car accident in Connecticut worsens an existing injury, you can still seek full compensation. Connecticut law applies the “eggshell plaintiff” rule: you recover for all harm flowing from the defendant’s negligence, even if you had a pre-existing vulnerability. Follow these steps to document and prove your claim:
- Seek Prompt Medical Care: Visit an emergency room or your regular physician immediately. Early treatment creates a clear medical record linking new symptoms to the crash.
- Maintain Detailed Medical Records: Ask each provider to note your pre-accident baseline and document any changes post-accident. Keep copies of all reports, test results, prescriptions, and invoices.
- Document Pain and Functional Changes: Use a daily journal or a pain-tracking app to record symptoms, mobility limits, and how the injury affects work, sleep, and daily tasks.
- Gather Witness Statements: Get contact information from anyone who saw the crash or noticed your condition before and after the accident. Signed, dated statements strengthen your case.
- Obtain Accident Reports: Request the Connecticut State Police or local police report to confirm fault and crash details.
- Photograph Injuries and Accident Scene: Take clear photos of visible injuries and vehicle damage within days of the collision. Repeat periodically to show changes over time.
- Calculate All Damages: Include medical bills, physical therapy, medications, lost wages, diminished earning capacity, and non-economic losses such as pain and suffering.
- Understand the Statute of Limitations: You generally have two years from the accident date to file a personal injury lawsuit in Connecticut. See Conn. Gen. Stat. § 52-584 (https://www.cga.ct.gov/current/pub/chap_925.htm#sec_52-584).
- Prepare a Demand Package: Draft a written demand letter detailing the accident, your injuries, medical treatment, and total compensation sought. Attach supporting records.
- Negotiate or File Suit: Present your demand to the insurer. If they deny or undervalue your claim, file a lawsuit before the limitation period expires.
Connecticut courts prohibit reducing awards by amounts paid from collateral sources, like health insurance. See Conn. Gen. Stat. § 52-225a (https://www.cga.ct.gov/current/pub/chap_925.htm#sec_52-225a).
Helpful Hints
- Always record names, dates, and contacts when you treat with each medical professional.
- Keep accident and medical documents organized in a dedicated folder or digital file.
- Update your attorney or insurer whenever new medical information emerges.
- Don’t sign releases without understanding if they waive future claims for worsening injuries.
- Use professional translators if English is not your first language, to avoid miscommunication.