Head & brain settlements
in Connecticut.
Connecticut head injury claims are often fought over whether a brain injury was ever diagnosed. In one 2014 appeal the defense tried to keep the words traumatic brain injury out of the medical records altogether, and lost.
Facts that decide a head & brain claim in Connecticut
| Limits on pain and suffering | The statute listing how noneconomic damages may be reduced names set-offs, credits, comparative negligence, additur and remittitur, and no statutory cap.Conn. Gen. Stat. § 52-572h(a)(4) |
|---|---|
| Remittitur standard | A court cuts a verdict only if it shocks the sense of justice. A $370,959.89 head and back injury verdict survived that test.Gois v. Asaro (Conn. App. 2014) |
| Head injuries in stores | An injury from falling merchandise still needs proof the store knew of the hazard or caused it by an affirmative act.Hill v. OSJ of Bloomfield (Conn. App. 2020) |
| Deadline to sue | Two years from the injury or from when it was discovered, three years at most from the event.Conn. Gen. Stat. § 52-584 |
| Fault rule | Barred only if your fault is greater than the defendants’ combined, otherwise reduced by your share.Conn. Gen. Stat. § 52-572h(b) |
| Underinsured motorist cover | Mandatory in every Connecticut auto policy, which matters when a brain injury is worth far more than the other driver’s limit.Conn. Gen. Stat. § 38a-336(a) |