If you’ve been hurt because of someone else’s actions, you might have the right to seek compensation. While both personal injury and medical malpractice claims are ways to do this, they are not the same. Knowing the difference can help you understand your options and what steps to take next.
What Is a Personal Injury Case?
A personal injury case happens when you’re hurt because someone else was careless, reckless, or acted on purpose. This covers a wide range of situations, such as:
- Car accidents
- Slipping and falling in a store or on a sidewalk
- Dog bites
- Injuries at work
- Getting hurt by a defective product
If another person’s carelessness caused your injury, you may be able to file a personal injury claim. In Connecticut, you can seek compensation for things like medical bills, lost income, pain and suffering, and emotional distress. Usually, the process involves investigating what happened, figuring out who was at fault, and trying to settle with the other person’s insurance company. If you can’t reach an agreement, the case might go to court.
These cases are generally more straightforward than medical malpractice cases, which have extra rules and requirements.
How Is Medical Malpractice Different?
Medical malpractice is a specific type of personal injury claim. It happens when a healthcare provider—like a doctor, nurse, or hospital—doesn’t follow the accepted standard of care, and you get hurt as a result. This isn’t just about being unhappy with your care or having a bad outcome. There has to be proof that the care you received was below what’s normally expected from a medical professional.
Examples of medical malpractice include:
- Surgical mistakes
- Misdiagnosing an illness
- Delaying treatment
- Prescribing the wrong medication
- Not following up with a patient
Medical malpractice cases are more complicated because they often involve technical medical issues. Before you can even file a lawsuit, you need a report from another healthcare provider who reviews your case and agrees that there was likely negligence. These extra steps, along with strong legal defenses from the medical community, make these cases harder to win than regular personal injury claims.
Time Limits for Filing Claims
In Connecticut, you usually have two years from the date you were injured to file a personal injury claim. For medical malpractice, the time limit is also generally two years, but there are some exceptions. If you didn’t discover the injury right away, you may have up to two years from when you found out about it—but no more than three years from when the incident happened. There are also special rules if your treatment was ongoing or if the provider tried to hide what happened. Connecticut law also gives you an extra 90 days to investigate and get the required expert report if you notify the court properly and file a petition to extend the time. Because these rules can be tricky, it’s best to talk to an experienced lawyer as soon as possible.
Which Type of Claim Do You Have?
Sometimes, it’s not clear whether your injury is a personal injury or medical malpractice case, especially if it happened in a healthcare setting. For example, if you slip and fall in a hospital lobby because the floor was wet, that’s probably a personal injury case. But if a doctor misreads your test results and you’re harmed, that’s medical malpractice.
If you’re unsure as to what type of claim you may have, speaking with a lawyer who handles both types of cases is the best way to figure out your next steps. The experienced lawyers at Casper & de Toledo can review your situation, explain your options, and help you decide what to do.
