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★ Connecticut · head & brain

Head & brain settlements
in Connecticut.

By Reviewed by Abd Shanti, Founder9 min read

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 sufferingThe 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 standardA 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 storesAn 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 sueTwo years from the injury or from when it was discovered, three years at most from the event.Conn. Gen. Stat. § 52-584
Fault ruleBarred only if your fault is greater than the defendants’ combined, otherwise reduced by your share.Conn. Gen. Stat. § 52-572h(b)
Underinsured motorist coverMandatory 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)
★ CT · reported head & brain outcomes

What Connecticut courts have awarded.

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

  • Connecticut Appellate Court · 2014
    $82,959.89 economic and $288,000 noneconomic, affirmed

    A nanny hurt in a collision the defendant admitted causing complained of headaches, a crawling sensation on her head, numbness, insomnia, and back and shoulder pain, and could not return to full time work. The defense sought to exclude references to post traumatic stress disorder and to a resolving traumatic brain injury in her records. The court allowed them, refused to cut the verdict, and was affirmed.

  • Connecticut Appellate Court · 2020
    $30,501.96 judgment reversed

    Two empty display boxes fell from a top shelf and struck a shopper in the head and shoulder. The trial court awarded $23,001.96 in medical expenses and $7,500 for pain. The Appellate Court reversed because there was no evidence the store knew about the boxes or caused them to fall, and neither the mode of operation nor the affirmative act rule applied.

★ CT · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Connecticut.

  1. 1

    Head injury claims live or die on the medical record. In Gois the words resolving TBI in a treating record came in over objection, and the jury heard them alongside evidence that she could no longer work as a full time nanny. Report every symptom, including headaches, sleep problems, and memory lapses, from the first visit.

  2. 2

    Liability comes first, however clear the injury. Hill shows a real head injury, a trial court award, and a reversal because the store never knew about the boxes. In a premises case, find out whether the hazard had been reported or noticed before, because that is what the claim needs.

  3. 3

    Serious brain injuries can outrun the other driver’s policy quickly. Connecticut requires underinsured motorist cover in every auto policy, and that cover is often where a larger head injury claim is paid.

★ 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.

★ head & brain · 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 head & brain claims.

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