Who pays my medical bills if I was injured in a car accident?

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 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.

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.

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.

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.