Skip to content
MyClaimWorth
CT
★ Connecticut · back & spine

Back & spine settlements
in Connecticut.

By Reviewed by Abd Shanti, Founder9 min read

Connecticut back injury claims are often decided on credibility as much as on imaging. In a 2021 case the jury found for the defense after hearing that the plaintiffs’ treatment was arranged by their lawyers, a reminder that how you get treated can matter as much as what the MRI shows.

Facts that decide a back & spine claim in Connecticut

Deadline to sueTwo years from the injury or its discovery, with an outer limit of three years from the crash or fall.Conn. Gen. Stat. § 52-584
Fault ruleRecovery is barred only if your negligence is greater than the combined negligence of the defendants, and otherwise reduced by your share.Conn. Gen. Stat. § 52-572h(b)
Limits on pain and sufferingThe statute defining recoverable noneconomic damages lists the reductions a court may make: set-offs, credits, comparative negligence, additur and remittitur. A statutory cap is not among them.Conn. Gen. Stat. § 52-572h(a)(4)
Collateral source deductionHealth insurance and similar payments are deducted from the economic damages after the verdict, except payments the insurer has a right to recover.Conn. Gen. Stat. § 52-225a; Marciano v. Jiminez (Conn. 2016)
Underinsured motorist coverRequired in every policy at no less than the liability minimums, so a serious back claim can continue against your own insurer after the other driver’s limit is used up.Conn. Gen. Stat. § 38a-336(a)
Minimum liability insurance$25,000 per person and $50,000 per accident.Conn. Gen. Stat. § 14-112(a)
★ CT · reported back & spine outcomes

What Connecticut courts have awarded.

Real Connecticut decisions and verdicts, each linked to the court record or official report.

  • Connecticut Appellate Court · 2021
    Defense verdict, affirmed

    Two people hurt in a crash with a Cumberland Farms employee lost at trial. The defense was allowed to show that their treatment came through their lawyers, including letters of protection promising the doctors payment from any recovery, to suggest the treatment was for the lawsuit. The Appellate Court held that evidence went to credibility and was properly admitted.

  • Connecticut Appellate Court · 2015
    $77,000 underinsured motorist verdict, affirmed

    After a 2008 crash the plaintiff used up the other driver’s $50,000 policy and then sued her own insurer for underinsured motorist benefits, claiming her injuries limited her enjoyment of life. The jury awarded $77,000 and the Appellate Court affirmed.

★ CT · back & spine · in practice

What changes the number here.

What actually moves a back & spine settlement in Connecticut.

  1. 1

    How treatment is arranged is evidence in Connecticut. McCrea shows a defense verdict built on referral letters and letters of protection. If your lawyer sends you to a doctor who will be paid only from the settlement, expect the defense to put that in front of the jury, and expect your own family doctor’s records to carry more weight.

  2. 2

    Your own policy is often the real source of money in a back case. Bligh is typical: the at-fault driver’s $50,000 limit was exhausted and the rest came through underinsured motorist coverage, which every Connecticut policy must carry.

  3. 3

    Plan for the collateral source deduction when you value the claim. Payments from a health plan with no repayment right come off the economic damages after the verdict; payments the plan will claim back do not, because the plan is repaid instead.

★ CT · statute of limitations
2 years from date of injury

Conn. Gen. Stat. § 52-584

★ CT · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% or more claimant fault.

★ back & spine · same region & fault regime

Compare to like jurisdictions.

How Connecticut's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for back & spine claims.

JurisdictionFault ruleLimitationBack & spine page
Connecticut · you are hereModified comparative, 51% bar2 years from date of injury—
DelawareModified comparative, 51% bar2 years from date of injuryDE · back & spine →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · back & spine →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · back & spine →
MarylandPure contributory negligence3 years from date of injuryMD · back & spine →
MassachusettsModified comparative, 51% bar3 years from date of injuryMA · back & spine →
New HampshireModified comparative, 51% bar3 years from date of injuryNH · back & spine →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · back & spine →
HawaiiModified comparative, 51% bar2 years from date of injuryHI · back & spine →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · back & spine →
IndianaModified comparative, 51% bar2 years from date of injuryIN · back & spine →
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · back & spine →
IdahoModified comparative, 50% bar2 years from date of injuryID · back & spine →
★ CT · back & spine · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Connecticut. See /methodology, /sources, and /disclaimer.