Frequently Asked Questions

Frequently Asked Questions

Do I have to pay legal fees out of my pocket?

No. Your legal fees are paid on a contingency fee basis unless otherwise specified. That means that we are not paid unless we recover compensation for you.


What should I do if I’m involved in a traffic accident?

Once it is safe to do so, you should attempt to document the entire situation by taking photographs and careful notes. Having notes to remind you of all the details of what happened, and what you went through, is far easier and far more accurate than relying on your memory.

Write things down as soon as you can: begin with what you were doing and where you were going, the people you were with, the time and the weather. Include every detail of what you saw, heard and felt. Be sure to add anything you remember hearing anyone — a person involved in the accident or a witness — say about the accident.

Finally, make daily notes of the effects of your injuries. You may suffer pain, discomfort, anxiety, loss of sleep or other problems you are experiencing. These notes can be very useful two or six or ten months later, when you put together all the important facts into a final demand for compensation.

*For more information on your rights and responsibilities after an accident, see: Motor Vehicle Rights and Responsibilities.


What determines who is responsible for a traffic accident?

Figuring out who is at fault in a traffic accident is a matter of deciding who was careless. For vehicle accidents, there is a set of official written rules telling people how they are supposed to drive and providing guidelines by which liability may be measured. These rules of the road are the traffic laws everyone must follow.

Sometimes a violation of one of these traffic rules is obvious and was clearly the cause of an accident — for example, when one driver runs a stop sign and crashes into another. In other situations, whether or not there was a violation will be less obvious. A common example is a crash that occurs when drivers merge into a single lane of traffic.

Sometimes, the ultimate determination of who should be responsible is left up to the fact finder or jury.


Who Pays For My Medical Treatment?

The law in Connecticut requires that you initially pay for your medical treatment. It is a common misconception that the at-fault driver will pay for your medical treatment. This often leads to frustration. We will do everything we can to help you manage your options, but please note: we are not allowed by law to pay your medical bills. If you had medical treatment (e.g. ambulance, hospital evaluation) and have no insurance or ability to pay for that treatment, the provider may send the bill to collection. While we may send letters to medical providers offering to protect their bills, many providers will not agree to such an arrangement (see discussion below). Unfortunately, we cannot stop a collection action or pay your bills. If you are receiving collection letters or outstanding bills, please contact us to discuss your options in more detail.

There are essentially five ways for your medical bills to be paid and there often is priority under the law. Therefore, be sure we are aware of any and all of the following:

Workers Compensation
If you were on the job at the time of the incident.
Medical payments (“Med Pay”) coverage on your auto policy
If you have Med Pay coverage on your auto policy, or you were a passenger in a car that had Med Pay coverage, you should use this coverage to pay your bills, even if you have health insurance. Med Pay will pay up to its limits, after which point your bills should be paid through one of the three remaining sources.

Health Insurance & Medicare/Medicaid
Generally, your health insurance will not cover your accident related bills unless and until you can prove that you do not have Med Pay. We will help you secure a “No Med Pay Letter” when appropriate.

Letter of Protection
Under certain circumstances, when someone else caused an accident, and you do not have Med Pay or health insurance, some doctors will accept a Letter of Protection from our office. This obligates our office to reimburse your doctor from the proceeds of your lawsuit settlement or judgment. Because payment is not guaranteed and will be delayed until the resolution of the case, many doctors will not agree to do this.

Out-of-Pocket
The final way to pay your medical bills is out-of-pocket. Please be sure to keep track of everything you have paid. All reasonable and necessary out-of-pocket losses should be recorded and provided to us.


Who Pays For Damages On My Vehicle?

Ideally, the at-fault party’s insurance company will pay for repairing your vehicle. Sometimes, liability is not accepted, however, and it is easier and quicker to pursue a damage claim under your own insurance coverage.

Am I entitled to a rental vehicle while my car is being repaired?

Yes. In Connecticut, you are entitled to Loss of Use, which includes either a rental vehicle or the value of a comparable rental vehicle. For more on your rights, see Motor Vehicle Rights and Responsibilities.

What if the party at fault has no insurance? Can I still pursue an injury claim?

You can pursue an uninsured or underinsured motorist (“UM” or “UIM”) claim under your own auto insurance policy. This insurance coverage applies if you have been hit by an uninsured driver or where the coverage of the at-fault driver is insufficient to pay for your damages. “UM” and “UIM” coverage is mandated by law. You should consult with an attorney before filing a claim.

If a dog bites a person, is the owner liable for doctor’s bills?

Yes. An owner of a dog may be held liable for the injuries that that animal causes to others. Once the plaintiff has established that the owner is liable for his injuries, the plaintiff must also establish the amount of his or her damages. The plaintiff should introduce evidence, such as doctor and hospital bills, of how much it has cost to treat the injury. In addition, the plaintiff may be able to recover lost wages if the injury kept the plaintiff out of work. The plaintiff is entitled to compensation for any permanent disability or scarring caused by the injury, as well as compensation for pain and suffering.

Can a person recover damages for injuries sustained on someone else’s property?

An owner of property has a duty to protect members of the public from injury that may occur upon the property. The injured person may be able to recover money for those injuries if he or she can prove that the property owner failed to meet that duty. The hurdle plaintiffs face is that the nature and extent of the property owner’s duty will vary depending upon the facts of the situation and the jurisdiction in question.

The status of the injured visitor is important. There are three separate categories: invitee, licensee, and trespasser. An invitee is someone who has been invited onto the land because that person will confer some advantage to the property owner, such as a store patron. An owner of property is required to exercise reasonable care for the safety of the invitee. A licensee is someone who enters upon the land for his or her own purpose, and is present at the consent, but not the invitation, of the owner. For example, a door-to-door salesman who enters the property and stays to chat with the owner about the product that he is selling is a licensee. The owner’s duty to a licensee is only to warn of hidden dangers. For example, if the owner knew the front step was rotten and did not warn the salesman, the salesman may be able to recover if he thereafter falls through the step and injures himself. Finally, a trespasser is an individual who enters onto the property without the knowledge or consent of the owner and who remains there without any right or permission. Trespassers have difficulty suing property owners because property owners’ duty towards trespassers is not to place traps and hazards on their property. In some cases, the owner must also warn trespassers of the hazards if they are unlikely to be discovered by the trespasser and could cause serious injury or death.


What is a slip and fall action?

A slip and fall action is a type of personal injury lawsuit filed by a plaintiff who has been injured by a slip and fall, usually on the defendant’s property. Examples of very common slip and fall plaintiffs include the grocery store patron who slips on a spill or a piece of food laying on the floor, and falls, causing injury to himself; and a hotel guest who slips in the shower and injures her back in the process.

The plaintiff in slip and fall cases must usually show that the owner of the property had notice or knowledge of the condition, and failed to clean it up and rectify it within a reasonable amount of time. If the plaintiff slipped on a grape that had been lying on the floor for two hours, and the manager of the store had walked past it and inspected it five times before asking someone to clean it up, liability is likely.

If the plaintiff has knowingly encountered a hazard, then he or she may have trouble holding the defendant liable. For example, if a hotel guest squirts baby oil onto the floor of the shower; steps into the shower and attempts to do the jitterbug; and then falls and breaks an ankle, liability on the part of the hotel is highly questionable. However, if the cleaning staff in the hotel repeatedly tells management that the non-skid treads in the bathtub for room 212 are missing and the hotel fails to replace them, the hotel may be liable for damages to a guest who is injured.


Learn More: Plaintiff’s Personal Injury Law

Personal injury actions require, by their very nature, that someone be injured. The requisite injury can either be physical or, in some cases, emotional. The general goal of personal injury actions is to place the blame for the injury on the party who caused it and to require them to compensate the injured for the losses sustained.

Not every injured plaintiff is entitled to recover damages for the injury he or she sustains. Besides an injury, the plaintiff must establish, through evidence, that the defendant is legally liable for his or her injuries. This requires proof of causation both in terms of actual, factual causation and proximate, or legal causation. Whether legal causation is established depends on the facts and circumstances of the particular matter in question. The defendant can be held liable as a result of either the actions that are taken, or the actions that are not taken.

Some personal injury actions revolve around legal causation derived from a concept of intentional conduct, whereby it is generally held that if one intentionally harms another, or knows that the conduct which is engaged in causes a substantial likelihood that harm will result, liability for the resulting harm will in fact attach. Other personal injury actions have as their legal causation a looser concept of fault called negligence. Under a negligence theory, in comparison, one is liable for the results of actions, or inaction, where an ordinary person in the same position should have foreseen that the conduct would create an unreasonable risk of harm to others. Still other types of personal injury actions are based on strict liability, a no-fault system where liability may attach regardless of the fault of the various parties, including the plaintiff.

In some situations, the defendant’s conduct, while questionable, does not rise to a level that entitles the plaintiff to a recovery. For example, if a plaintiff knowingly and willfully chooses to encounter a known hazard, the law holds that he or she has “assumed the risk of injury” and therefore the defendant is not liable. This theory applies for instance in a case where the plaintiff walks on an obvious buildup of snow and ice caused by the defendant property owner’s failure to shovel his sidewalk, falls and breaks her hip, and is unable to recover for her injuries because she knew of the hazardous condition and willingly chose to encounter it. Plaintiffs are denied recovery in other cases if their subjective belief about a situation does not match an objective “reasonable person” standard. For instance, where the defendant approaches the plaintiff and states “I might poke you in the eye if you wear that red sweater again,” it is likely that no actionable assault occurred due to the fact that there was no immediate threat of harm that caused reasonable apprehension on the part of the plaintiff.

Personal injury law can involve many different types of claims, theories, and principles. Some of the more common, or interesting, types of personal injury actions include:

Animal bites can result in the animal owner’s liability to the person who is bitten or who is injured while trying to avoid a bite.

Assault and battery are two intentional torts that involve improper contact with another, without permission or consent, or the threat of such contact.

Aviation accidents quite often result in either serious injury or death. When these accidents occur, serious questions regarding the liability of the airline, its employees, or the government may arise.

Defamation and privacy are two separate causes of action that concern the rights of individuals to have their names and reputations protected, and also to have their privacy preserved.

Motor vehicle accidents raise numerous questions as to the liability of one participant to another and also raise interesting questions regarding who should be responsible for covering the losses.

Premises liability concerns the responsibilities of owners and possessors of property to safeguard others from dangerous conditions or hazards on the property and to prevent others from being injured while on the property.

Property damage causes of action concern the rights of owners or possessors of property to protect their property from damage, theft or intrusion.

Railroad accidents may result in personal injury or death and subject the railroad to liability.

Slip and fall cases are very common causes of action and relate closely to the duty of an owner or possessor of land to maintain the property in a safe manner for the benefit of others lawfully entering upon the land.

Wrongful death actions may be brought by the dependents or beneficiaries of a deceased individual against the party whose action or inaction was causally related to the death.


Know Your Rights and Responsibilities After an Auto Accident

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