Tag Archive for: personal injury

Proving Negligence in a Connecticut Personal Injury Case

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If you’ve been hurt in an accident in Connecticut, you must be able to prove negligence to get the compensation you deserve. Personal injury cases depend on showing that someone else’s carelessness caused your injury and subsequent losses.

This is where your lawyer steps in to help—having the right personal injury attorney by your side can make a significant difference in the strength of your case. Call The Dodd Law Firm at 203-272-1883 to set up a consultation right away.

Grasping the Concept of Negligence

In personal injury cases, negligence simply means that someone failed to act with reasonable care, leading to harm. In Connecticut, this concept is critical because it forms the basis of holding someone responsible for injuries. If you can show that the other party was careless and that carelessness caused your injury, you can pursue compensation.

For instance, if a driver doesn’t obey traffic signals and causes an accident, they could be considered negligent. The gray area comes into play when you consider what “reasonable care” is. You have to think about what an average, reasonable person would do in a given situation to minimize the risk of harm—and then compare those actions to what the at-fault party actually did.

 

Components of Negligence

To prove negligence, you need to establish four key components. First, you must show that the other party had a duty of care towards you. As an example, drivers must follow traffic laws to keep everyone safe on the road. Second, you need to demonstrate that the other party breached this duty. This may happen if a driver runs a red light, ignoring traffic signals. Third, you must prove causation, which means that the breach directly caused your injury. Finally, you need to show damages, which are the losses you experienced due to the injury, such as medical bills or pain and suffering.

 

What Are Damages?

In the world of personal injury law, it all comes down to damages. The term “damages” refers to your actual losses from an injury or accident. For example, in a car accident, you may have medical bills, vehicle repairs, or a totaled vehicle, and time away from work, among other losses. In a medical malpractice case, you may have medical expenses related to the incident itself and any further care needed to address the provider’s error, long-term care needs, and the loss of your ability to work.

 

Demonstrating Your Damages

To show your damages in a personal injury case, you need to provide evidence of your losses. Start by keeping all your medical records and bills, which can demonstrate the financial impact of your injury. If you missed work due to the injury, gather documents like pay stubs and employer statements to show lost wages. Besides financial losses, you can also claim damages like pain and suffering. In this situation, personal statements, doctor reports, and testimonies from family and friends can help illustrate the emotional toll the injury has taken on you.

 

Key Connecticut Personal Injury Laws

Understanding the laws in Connecticut is vital for handling your personal injury case. One key law is the statute of limitations, which sets a deadline for filing a lawsuit. In Connecticut, you typically have two years from the date of your injury to file a personal injury claim. Missing this deadline generally leads to losing your right to seek compensation.

Another important law is the comparative negligence rule. This rule means that if you are partly at fault for the accident—up to a maximum of 50%—you can still receive compensation, but it might be reduced by your percentage of fault. For example, if you are found 20% responsible for the accident, your compensation will be reduced by 20%. A strong personal injury lawyer can help you understand how these laws may affect your case.

 

Choose The Dodd Law Firm for Your Personal Injury Claim

If you’ve suffered a personal injury in Cheshire, the team at The Dodd Law Firm can help you fight for justice. Let’s discuss your injury and your next steps—give us a call at 203-272-1883 or send us a message online to schedule a consultation now.

Will I Have to Go to Court for My Connecticut Personal Injury Claim?

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Working through the fallout of a personal injury can be daunting, especially when the possibility of a court appearance looms. If you’re dealing with a personal injury claim in Connecticut, you’re likely wondering whether you’ll have to face a judge and jury. This concern is not uncommon, and it’s important to understand that many personal injury cases are resolved without ever stepping foot in a courtroom.

Our goal at The Dodd Law Firm is to do what is best for you—not what’s best for the insurance company trying to cheat you out of fair compensation. Call us at 203-272-1883 to set up a consultation now.

The Personal Injury Claim Process in Connecticut

In Connecticut, filing a personal injury claim typically starts with notifying the at-fault party’s insurance company. You’ll need to gather key evidence like medical records, accident reports, and witness statements to build a solid case. Proving that the other party’s negligence caused your injury is important for your claim’s success.

Once the claim is filed, both parties will investigate the facts and evidence. This stage often involves negotiations aimed at reaching a settlement. If these discussions fail, the case may proceed to a lawsuit, introducing the possibility of a court trial.

The process can be complex, but having a clear understanding of each step can help reduce anxiety. The goal is to resolve the claim fairly, whether through settlement or, if necessary, court intervention. Your legal team will support you throughout, ensuring that your rights are upheld and your case is effectively presented.

 

When Settlements Are Possible Without Going to Court

Most personal injury claims in Connecticut are resolved through settlements, sparing you from the uncertainty and stress of a court trial. Settling out of court can be advantageous as it saves time, reduces legal expenses, and provides a definitive resolution. When the evidence strongly supports your claim, the insurance company may be more inclined to agree to a fair settlement. An experienced Connecticut personal injury attorney is important in these negotiations, leveraging the strength of your case to push for proper compensation.

Settlements can happen at any stage, even after a lawsuit has been initiated but before it goes to trial. Your willingness to negotiate and the robustness of the evidence significantly influence the likelihood of a successful settlement. It’s crucial to ensure that any agreement you reach is satisfactory and meets your needs, as settlements are legally binding.

 

Factors That Could Lead a Personal Injury Claim to a Court Trial

Certain situations may necessitate a court trial for your Connecticut personal injury claim. For instance, if the insurance company disputes who is at fault, questions the severity of your injuries, or offers an inadequate settlement, litigation could become necessary. Additionally, complex legal issues, such as multiple parties involved or unclear liability, might require court intervention.

The behavior of the at-fault party can also be a factor. If they refuse to cooperate, provide necessary information, or engage in bad faith practices, it could escalate the case to a trial.

Navigating these challenges is daunting, but your attorney will provide the necessary support and guidance to protect your interests throughout the process.

 

Preparing for a Court Appearance in Connecticut for Your Personal Injury Claim

Facing a court appearance in Connecticut can be intimidating, but thorough preparation can make a significant difference. Your lawyer will guide you through each step, ensuring you understand court procedures and what is expected of you. They’ll help you prepare your testimony and gather all the necessary evidence to present a strong case.

You may need to participate in a deposition, where you’ll give sworn testimony. Being honest and clear in your responses is essential, as this testimony can be used during the trial. Staying organized and maintaining open communication with your legal team is crucial for a smooth process.

Additionally, your lawyer will coach you on courtroom etiquette and the types of questions you might encounter. This preparation helps build your confidence, enabling you to handle the courtroom experience more effectively. While a trial can be stressful, knowing you’re well-prepared and supported can make the process more manageable.

 

Get the Support You Need with The Dodd Law Firm

At The Dodd Law Firm, we are committed to helping Connecticut injury victims hold negligent parties accountable. Reach out online or call us at 475-275-8649 to set up a ti

Why You Shouldn’t Give an Insurance Adjuster Your Health History

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When you’re involved in a personal injury case, you may find yourself in a situation where an insurance adjuster asks for your health history. It’s important to understand the risks associated with sharing this information and how it can impact your claim.

Having a strong personal injury attorney on your side can make a big difference in the outcome of your claim. Let us help. Call The Dodd Law Firm at 203-272-1883 to set up a consultation with our team of Cheshire personal injury attorneys.

Understanding the Role of Insurance Adjusters

Insurance adjusters are hired and paid by insurance companies, and their primary responsibility is to look into claims like yours after an accident has occurred. While they might come across as friendly and approachable, their main goal is to save their company money. This is why they’re focused on gathering as much information as possible, including your health history. 

They do this in hopes of finding any piece of evidence that can be used to either reduce the amount they have to pay you or deny your claim outright. Remember, despite their demeanor, insurance adjusters are not your allies in this process. Their allegiance is to their employer—the insurance company. Their expertise in navigating through claims and their knack for obtaining information that might not favor your case makes it crucial for you to approach interactions with them with caution. Understanding that their motives may not align with your best interests is key to protecting yourself and your personal injury claim.

The Risks of Sharing Your Health History

Handing over your health history to an insurance adjuster opens the door to a wide range of potential issues that could weaken your personal injury case. Insurance adjusters love finding past injuries or medical appointments that could allow them to pin your current injuries on past experiences.

This can lead to their offering you less money than you deserve, or they might even try to deny your claim, leaving you without the financial support you need for your recovery. The key point here is that your health history contains private information that can be misinterpreted or taken out of context by someone looking to find reasons not to pay your claim. By being cautious about what you share, you can avoid giving the insurance adjuster ammunition to use against you. This doesn’t mean they don’t need any medical information—it just means you should be picky about what information you give them.

Protecting Your Personal Injury Claim

To safeguard your personal injury claim, tread carefully when revealing your health history to insurance adjusters. Your medical details should be treated as confidential, shared only when absolutely necessary for validating your claim. Consulting a knowledgeable personal injury attorney is a wise step. Not only can they take over communication with the insurance adjuster on your behalf, but they can sidestep damaging questions like those demanding access to your health history. When insurance adjusters truly do need information about your recovery and injuries, your attorney can provide them only the records they genuinely need.

How to Communicate with Insurance Adjusters

When talking to insurance adjusters, keep your guard up and think carefully before you speak. Share only the necessary details about the accident and how you were hurt. Don’t bring up your past health issues or medical history, as this can be twisted and used against you. If an adjuster asks for your health history, it’s okay to say no and tell them they can talk to your lawyer if they need more information. 

This approach helps you stay on the safe side, ensuring you don’t accidentally give them something they could use to challenge your claim. Remember, your focus should be on the facts of the car accident and the injuries you’re dealing with now. This careful way of communicating protects your claim and helps you stand a better chance of getting the fair compensation you deserve.

Explore Your Legal Options with The Dodd Law Firm

The sooner you begin working with The Dodd Law Firm, the sooner you can stop communicating with the other party’s insurance company and focus on your own recovery. Set up a consultation right away by calling us at 203-272-1883 or reaching out online.

Should You Finish Medical Treatment Before Receiving an Injury Settlement?

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Whether you’ve been injured in a slip and fall, a car crash, or another type of accident, you’ve decided to pursue compensation—but what do you do if you have a long road to recovery ahead of you? If your injuries require a lot of medical treatment, negotiating a settlement can be difficult.

That’s why it’s important to work with an experienced team of personal injury lawyers in Cheshire. At The Dodd Law Firm, we understand how important it is that you get the right compensation for your injuries. Call us at 203-272-1883 to set up a consultation with our team now.

Understanding the Complexities of Your Case and Injuries

First, it’s crucial to understand that your attorney’s recommendations will vary dramatically depending on the circumstances of your case. If you have a set end date for your treatment and minimal risk of complicating injuries, waiting a couple of weeks to receive a settlement may not be too inconvenient. But if your injuries are incredibly complex and you could be receiving treatment for months or years, you may not have time to wait for a settlement; you still have bills to pay, food to put on the table, and income to replace. In those circumstances, securing a settlement prior to finishing treatment may be necessary.

Benefits of Waiting

There are numerous benefits that come with waiting to agree on a settlement number. First, it gives you the opportunity to find out how much your injury truly costs. You’ll have a better understanding of your medical expenses, how long you’ll be away from work, and other money sunk into your injuries. This puts you on more solid ground for negotiating. Additionally, waiting ensures that you’re able to request additional compensation if your injuries result in any unexpected side effects or delays in recovery. Basically, waiting ensures that you know precisely how much your injuries will cost you and how much you should settle for.

Benefits of Securing an Earlier Settlement

While it’s often better to negotiate a settlement after you have finished medical treatment, that simply isn’t always possible. If you desperately need the money from your settlement to pay bills and otherwise care for your family, accepting a settlement before finishing treatment could be your only option. You may want to exhaust your other options before, such as reaching out to friends or family members for loans. 

Agreeing to a settlement before you have reached maximum medical improvement can also allow you to start paying down your medical bills earlier, which is beneficial if your care providers charge interest on your unpaid balances or if they send you to collections after a certain period of time. Unfortunately, accepting an early settlement does mean that you risk giving up compensation for any secondary injuries that occur as a result of your initial injury. Once you’ve signed the legal documentation and received the settlement, you have no more wiggle room to ask for more money.

Working Through Your Options with Your Attorney

This is a complicated question, and it’s essential that you discuss your options with your attorney before making any final decisions. Your attorney has the most extensive knowledge of your accident, injuries, financial circumstances, and what the other party is or is not willing to offer. By discussing your concerns with them openly and honestly, they can provide professional guidance and help you make the best decision for you and your family.

Don’t forget to include your medical care providers in this discussion. They should be able to provide insight into the prognosis of your condition, how likely you are to suffer complications, and how long you may be out of work following treatment. By exploring your options with your legal team and your medical team, you can figure out the best option for your unique situation.

Reach Out to The Dodd Law Firm Today

Ready to start your Cheshire personal injury claim? The team at The Dodd Law Firm is here to help. Let’s set up a consultation and discuss your legal needs. Call us at 203-272-1883 or send us a quick message online to schedule a consultation with our personal injury attorneys right away.

What to Expect at Each Stage of a Personal Injury Claim

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When you decide to pursue a personal injury claim, it’s important to know what to expect and what your potential outcomes are. This protects you from unpleasant surprises and eases anxiety about the entire process. Whether your claim is the result of a car accident, dog bite, slip and fall, or other type of accident, this process is fairly straightforward.

Still looking for the right law firm to represent you in your personal injury claim? The team at The Dodd Law Firm is waiting to hear from you. Call us at 203-272-1883 to set up a consultation now.

Consulting With an Attorney

Your first step is to meet with a personal injury attorney and explain your accident and injuries. The good news is that most personal injury lawyers work on a contingency basis. This means that not only is your initial consultation free, but you don’t pay anything unless the law firm secures a settlement or court award on your behalf. Their fees are then drawn from that final award, so you pay nothing out-of-pocket. 

During your consultation, the attorney will ask you questions, explain relevant parts of Connecticut law like the statute of limitations, and look over the evidence you brought in. If they think you have a strong case, they may give you the option to go forward with retaining them and beginning your personal injury claim.

Building Your Case

From there, your attorney jumps right in and starts investigating your claim. They may pull surveillance footage, talk to eyewitnesses, reach out to expert witnesses, and look at official documentation and reports. Their goal is to prove the other party’s liability, demonstrate the severity of your injuries, and prove that you deserve compensation. This step varies quite a bit in duration, depending on how complex your case is and how much evidence is available.

Connecting With the Insurance Company

The evidence your attorney gathers forms the foundation of your personal injury case. They will build a case on your behalf and proactively address any issues an insurance company is likely to have with your demand for compensation. The more prepared your attorney is prior to reaching out to the insurance company, the more successful negotiations generally are. 

Once they have built a case to their satisfaction, they will issue a demand letter to the insurance company. This letter outlines what they are asking for, why, and the evidence that backs it up. So begin negotiations—the insurance company will likely come back with their offer, and this repeats until a middle ground is found.

Reaching a Settlement—or Preparing for Court

In most personal injury claims, the final step is a settlement. While many people have strong mental images of dramatic courtroom showdowns, few cases reach the courtroom. If both parties come to an agreement on a settlement number, the attorneys will draw up the paperwork and have all involved parties sign it. 

You’ll waive your right to sue for your current injuries or any other injuries that arise as a result of the accident in question. The final settlement is then paid. Any care providers who need to be paid will get their cut; this includes hospitals and other medical service providers. Your attorney’s fee will be paid. Finally, you get your share of your settlement.

Unfortunately, not every personal injury claim is quite this easy. If the insurance company refuses to admit fault or won’t budge at all from their initial number, negotiations may fail. In that case, your attorney will move forward with filing a lawsuit and beginning court preparations. Your case may go to court, or a settlement may still be reached at any point during this process. If your case goes to court, a judge or jury will decide if the other party caused your injuries and if so, how much they must pay you.

Considering a Personal Injury Claim? Call The Dodd Law Firm Now

When you’re ready to learn more about your personal injury claim options, talking to the team at The Dodd Law Firm should be your next step. Set up your free consultation right away by calling us at 203-272-1883 or getting in touch with us online.

The Importance of a Spoliation Letter in Truck Accident Cases

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Truck accidents are generally far more destructive than crashes solely involving smaller passenger vehicles. They are more likely to result in fatal or catastrophic injuries, and they are capable of causing hundreds of thousands of dollars in property damage. However, that doesn’t mean that it will be easy for you to prove that you’re owed compensation. You can still expect the insurance company and the trucking company to do whatever they can to keep you from receiving compensation.

The good news is that truck accidents have a substantial amount of evidence. To use that evidence, you must preserve it—even if it’s in the other party’s possession. That’s where a spoliation letter comes in. Learn more about the role of a spoliation letter in your claim, and when you’re ready to move forward with your case, call The Dodd Law Firm at 203-272-1883.

The Role of Evidence in Your Truck Accident Claim

Evidence is crucial in any personal injury case, but it’s especially crucial in a truck accident claim. As a victim, you’ve likely sustained serious injuries and are now struggling with pain, a loss of income, and a totaled vehicle. When you’re looking for sizable compensation, the other party will put up a serious fight to keep you from getting it. Evidence can go a long way in proving how the accident happened, whose error caused the crash, and how your injuries have impacted your life. Without a strong body of evidence, it’s unlikely you’ll get anything close to what you actually deserve.

What’s Included in a Spoliation Letter?

A spoliation letter is an integral part of your claim. It’s a legal document that reminds the other party of their legal duty to preserve evidence related to the crash. Elements of a spoliation letter include:

  • List of evidence in the other party’s possession
  • Notification that you are seeking legal action against the other party
  • Information on the other party’s obligation to preserve the evidence
  • The consequences of failing to comply with the orders given in the letter

Sending a spoliation letter is basically putting the other side on notice. You’re letting them know that you are building your case and you know what evidence is out there. They then know that if it happens to go missing or show up destroyed, you will hold them accountable for it. Without a spoliation letter, you risk the other party tampering with or “losing” evidence that is damaging to their case.

The Other Party’s Obligations

Upon receiving the spoliation letter, the parties who receive the letter are legally obligated to preserve the evidence in question. This may mean making backups or copies of evidence that is likely to degrade with time. For example, electronic logging devices, dashcams, and other sources of electronic evidence generally only keep records for a set period of time. If the party in possession of that evidence does not take steps to preserve it, it could be lost forever.

The parties in question are also obligated to keep the evidence in its current state. This means not tampering with it or altering it to make it more favorable to their case. This is an issue with trucking logs, which can be altered after an accident to make it look like a driver was compliant with hours of service and inspection regulations.

Consequences of Destroying or Losing Evidence

Generally, sending a spoliation letter is enough to keep the other party from damaging or destroying evidence relevant to your case. But if the evidence is devastating for their case or they simply don’t care enough to preserve it, it could be destroyed regardless. If this happens, it can have devastating outcomes for their case. The courts do not look favorably on spoliation, and there may be significant consequences for the other party. These consequences may include:

  • Court sanctions against the party that engaged in spoliation, ranging from fines to jail time.
  • Adverse inference—the court may draw an adverse inference in the absence of necessary evidence, which means that they assume the lost evidence would have been damaging to the party that lost or destroyed it.
  • Jury instructions that tell the jurors to assume the evidence would have been unfavorable to the party who lost it.

Injured in a Truck Accident? Call The Dodd Law Firm

When you’ve been injured in a truck accident, there is a lot at stake. You need to work with a Cheshire attorney dedicated to fighting aggressively for you. Call The Dodd Law Firm at 203-272-1883 or reach out to us online to schedule your consultation right away.

How is a workers’ compensation claim different than a personal injury lawsuit?

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The main difference between a workers’ compensation claim and a personal injury lawsuit is that a personal injury  lawsuit is based on fault while workers’ compensation is not. Any injury that occurs to an employee during work is  covered by workers’ compensation regardless of fault.

In order to recover damages against another person in a motor vehicle accident or slip and fall, one must be able to prove negligence on the part of the other person.

Employees who are injured on the job are entitled to workers’ compensation benefits, regardless of fault. Employees are not required to prove any negligence on the part of their employers in order to file and receive workers’ compensation benefits. Employees are entitled to workers’ compensation even if their own negligence cause the injury.

While workers’ compensation will pay you compensation for your medical bills, lost wages and permanent impairment rating, it will not pay for pain and suffering. The cap on workers’ compensation benefits, therefore is much lower than the typical personal injury lawsuit/settlement.

When you file a personal injury lawsuit, you are entitled to compensation for pain, suffering, and loss of enjoyment of life.

The workers’ compensation laws are designed to ensure all workers’ who were injured on the job would get their lost wages and medical bills paid right away. In return, employees lost the right to sue their employers for negligence and lost the right to collect damages for pain and suffering.