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Can I sue someone if I am hurt at their home?

Connecticut residents can sue a homeowner if they are injured in their home. There are any number of scenarios in which a person could be injured on another person’s private property such as a neighbor’s home or relative’s. Were you invited over for a barbecue and then you slipped on a wet floor or tripped over a broken board on the deck? Did the neighbor’s dog bite you?

Property owners are responsible for the condition of their property. Dangerous property conditions must be swiftly addressed to keep those who may be visiting the property safe. Any given property could have security concerns or an area where guests and visitors might be more prone to a fall. Or, homeowners in Connecticut may not have their pets properly secured, leading to one of the most common causes of serious injuries: dog bites.

Whatever the circumstances of the injury you suffered, it is important to consider your options to attempt to recover compensation so that you can pay for medical expenses. In the case of a private homeowner, perhaps all you will need to do is submit a claim against the property owner’s homeowner’s insurance.

You are also allowed to sue a family member or submit a claim against a family member’s insurance policy. For example, you are at your aunt’s house and her dog bites you or you are at your cousin’s house and you fall through the deck. You are allowed to sue family members under Connecticut law in order to recover money to pay for your injuries and medical treatment.

Please call the skilled attorneys at Tremont Sheldon to see how we can help.

Personal Injury Frequently Asked Questions

How do I know if I have a personal injury case?

If you are injured because of the fault or wrongful conduct of another person or entity, you may have the right to bring a lawsuit to recover money damages for your losses. Some examples of the types of incidents that give rise to personal injury claims include: car accidents, motorcycle accidents, falls, sexual abuse, workplace injuries, defective products, medical malpractice, legal malpractice and nursing home negligence. You should consult with a lawyer as soon as possible after your injury to determine whether or not you have a case.

How long do I have to file a personal injury claim or case?

Under the law, you generally have two years from the date of the injury to file a personal injury lawsuit that is based on the negligent conduct of another person or entity. The time limitation for filing a lawsuit varies, however, depending upon the nature of the claim. With certain types of claims, there are also notice requirements that must be met before you file suit. It is therefore always wise to consult with a lawyer as soon as possible after your injury to make certain that your case is not time-barred.

How long will my personal injury case take?

How long a personal injury case takes depends upon a number of factors, including how long you are required to be treated for your injuries, whether the responsible party contests how the accident happened or whether it caused your injuries, and whether the responsible party and his or her insurance carrier fairly evaluate your case. Typically, if a case does not settle, a case reaches trial approximately two years from the time that it is filed in court.

What damages am I entitled to claim in a personal injury case?

In Connecticut, you are entitled to claim two types of damages: economic and noneconomic. Economic damages are intended to compensate you for past and future out-of-pocket losses. These damages may include compensation for your medical bills, lost wages and loss of earning capacity. Noneconomic damages are intended to compensate you for the past and future effects of the injuries on your life. These damages may include payment for your pain and suffering, permanent disability and loss of enjoyment of your normal activities of daily living.

How much of my time will be required?

Unless your case goes to trial, the actual amount of time that will require your personal involvement in a personal injury case is relatively minimal. The initial office conference to discuss your claim usually takes about one hour. Follow-up conferences to check on your medical progress and to update you on your case generally take less time and can be done in the office or by phone. If a lawsuit is filed, you would likely need to come into the office to review and sign certain papers required under our court rules. You may also be required to answer questions under oath at a deposition, undergo a medical examination by a doctor selected by the other party and attend a pretrial conference at court.

How much will it cost to go forward with a personal injury case?

Under the law, attorney fees in personal injury cases are paid on a contingency fee* basis. This means the fee is paid at the end of the case and is calculated on the amount of the final settlement or judgment. The fee is 33.33 percent of the first $300,000 of recovery, 25 percent of the next $300,000, 20 percent on the next $300,000, 15 percent on the next $300,000, and 10 percent on any recovery over $1.2 million. In addition, any costs incurred for medical records, court filing fees, depositions, expert fees, etc., are deducted at the end of the case from the settlement or court judgment.
*Contingency fee is defined as payment to an attorney for legal services that depends, or is contingent, upon there being some recovery or award in the case. The payment is then a percentage of the amount recovered. You pay nothing unless payment/recovery is received.