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Identifying the various types of personal injury cases

Motor vehicle accidents are one of the most common types of suits filed that involve torts and personal injuries.
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    January 10, 2014 /24-7PressRelease/ -- Identifying the various types of personal injury cases

Article provided by Ivey Barnum & O'Mara, LLC
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From a legal standpoint, the term personal injury can refer to a great many situations for Connecticut residents. Any injury sustained by a human being, especially that is caused by the actions or lack of actions of another party, can be classified as a personal injury. These situations can, at times, warrant legal action depending upon the circumstances.

Having a basic understand of the types of situations that may justify pursuit of compensation can be helpful in the event that you are involved in such a circumstance. Knowing your rights is the important first step to staying protected.

Understanding torts

A tort is essentially the legal term for a personal injury. One example of a tort could be a driver that falls asleep at the wheel and collides with another vehicle, causing injury to other parties. A grocery store with dropped ice on the floor that is not promptly cleaned up could be held liable for a tort if a customer slipped and fell on the ice or pool of water. Injuries that lead to the loss of life can also be torts and may often referred to as wrongful death claims.

Motor vehicle accidents are one of the most common types of suits filed that involve torts and personal injuries. It is reported by the Trial Lawyers Association of America that 20 percent of federal court punitive damage awards are for such lawsuits. Product liability tort cases account for 13 percent of awards and another 10 percent result from medical malpractice claims.

Approximately two percent of an average 512,000 tort cases go to trial and result in punitive damage awards. Of those two percent, further TLAA data shows that:
-The end judgment is in the favor of the plaintiff 48 percent of the time
-Plaintiffs are ordered to receive financial settlements 84 percent of the time
-Non-jury trials decide 54 percent of the cases won by plaintiffs
-Jury trials represent 46 percent of plaintiff-won cases

A large number of tort or personal injury lawsuits are settled outside of court. These may or may not result in a financial settlement for plaintiffs.

Statutes of limitations vary by situation

For every type of case, there are guidelines that govern how long a plaintiff or a plaintiff's representative has to initiate a claim. In Connecticut, the average such timeframe is two or three years, depending upon the nature of the claim.

Any tort pertaining to negligence, wrongful death or defamation is usually required to be filed within two years. The statute of limitations on cases related to strict liability, product liability or assault and battery is three years. Exceptions are present in select cases such as medical malpractice suits involving minors.

Every person's right to compensation and representation

A basic tenet of our nation's law is an individual's right to be compensated when wronged. If you or a loved one are the victim of a personal injury, you should discuss your case with an attorney to learn if you may be eligible for compensation and protection under the law.

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