It might be intimidating or scary to think about filing a personal injury claim in Connecticut after being hurt as a result of someone else's negligence. You likely have a ton of questions, such as which attorney should I retain? Do I need an attorney to file? How do I know if I have a solid claim? These are all questions that you should consult with legal counsel to answer.
There are steps to take and things to think about before even filing. Consulting with a CT personal injury attorney is the first and most important action you can take. Brandon J. Broderick, Attorney at Law has the experience to guide you on a path to success.
Consider the following advice before attempting to file a personal injury claim in Connecticut.
Evaluate The Case
Your first thought, if you or a loved one were hurt, probably isn't to file a lawsuit. Given the potential injuries and medical costs you may incur as a result of the accident, it is important to consider the notion of filing a claim. However, you want to make an effort to remember what happened; do you recall what led to the accident? Were there other parties involved? Make a situational assessment, take notes, and plan your course of action. Did someone else's carelessness or irresponsible actions lead to your injuries?
Get Medical Care
Serious injuries can occur, especially in accidents. Sometimes these injuries are immediately apparent, and other times, they take days or even weeks to manifest. Going to the hospital to seek medical care is important.
A doctor can evaluate your injuries, even if they are minor, and determine if things are worse than they initially seem. They will document their findings, and if you decide to file a personal injury lawsuit, their records will be used as evidence.
The Process of Filing a Personal Injury Claim
Retaining a Personal Injury Attorney
You are not required by law to hire an attorney to represent you in a personal injury case. However, if you have experienced serious injury, it is in your best interest to retain legal counsel.
Accidents and injuries that change a person's life require legal support and direction. It's important to work with a Connecticut personal injury lawyer who is knowledgeable about both the nature of the loss you've suffered and the particular act of negligence or misconduct that resulted in it.
Investigating Your Accident
Your personal injury attorney will look into the accident as a first step. The following are some of your attorney's objectives for the investigation:
- Finding the cause of the accident that resulted in your injuries.
- Determining who is at fault.
- Examining your medical records to determine the extent of your injuries and how they affect your life, your capacity to work, etc.
- Collecting evidence to back up your personal injury claim.
- Speaking with witnesses regarding matters such as causation, liability, damages, etc.
A thorough investigation will establish both your eligibility to file a personal injury claim and the party responsible for your injuries and damages. Based on the available information and the testimony of the experts, your personal injury lawyer can also determine the damages in your case.
Sending a Demand Letter
It is generally believed that filing a lawsuit is required in order to obtain financial compensation for personal injuries. However, in practice, informal settlement agreements are used to resolve the majority of personal injury claims.
Your lawyer will write the defendant (or, more likely, the defendant's insurance company) what is known as a demand letter to start settlement negotiations. The following is included in a demand letter:
- A description of the incident that caused your injury.
- Information regarding the injury you have experienced, including any injuries you may have sustained.
- A complaint statement against the defendant (i.e., the party or parties at fault).
- Any applicable laws that give you the right to compensation.
- The amount of compensation you are requesting.
The insurer could make a settlement offer after getting your demand letter. The settlement offer, however, is probably going to be significantly less than what you desire (or nothing at all, if liability is contested).
Settlement Negotiations
One of the most important reasons for hiring a personal injury lawyer is having an advocate who can represent you in insurance discussions. Insurance firms frequently exploit those who attempt to represent themselves.
All correspondence with the opposing party will be handled on your behalf by your attorney. Based on the evidence and rebuttals from the insurance company that you were partially to blame, a Connecticut personal injury attorney will contend that you are entitled to the maximum settlement (i.e., the insurance policy limit).
Negotiations over settlements take time, and the majority of personal injury cases are resolved between a few months to a year. Being patient is essential during this process; you don't want to accept a low settlement offer just to learn that the money won't be enough to support your ongoing costs.
Filing a Lawsuit for Personal Injury
You may have to file a lawsuit if settlement talks with the insurance provider fail. This is the start of the legal process for a personal injury claim, which could ultimately lead to a trial.
A complaint and a civil summons, which inform the court and the defendant(s) of your lawsuit, will be prepared and filed with the relevant court by your personal injury attorney. Connecticut General Statutes § 51-345 governs the judicial district in which your action was filed. A Connecticut personal injury attorney who is familiar with the local courts can decide where to file your lawsuit and take care of the paperwork on your behalf.
The defendant(s) in your personal injury case will get service of the complaint and summons after the lawsuit is filed with the court. When you file a personal injury case, it demonstrates that you are "serious," and settlement talks may pick back up. However, it's important to be prepared for court and not rely on a pre-trial settlement.
Going to Trial
It is uncommon for a personal injury lawsuit to go to trial. However, if a settlement cannot be made, you must retain a personal injury lawyer who is prepared to represent you in court.
Before a judge or jury, your attorney will present your case in court (i.e., introduce evidence, call witnesses, etc.). Making a strong case to increase your award is the goal at this point.
Since going to trial is a frightening prospect, parties involved in a case—including plaintiffs, defendants, and insurance companies—generally work to avoid it. It takes a lot of time, effort, and money to prepare for a trial, and the outcome is not always certain. However, if going to court is your only choice for getting the personal injury compensation you are entitled to, it is important to hire a skilled trial lawyer.
Consult With Brandon J. Broderick To Help You With Your Personal Injury Matter
Personal injury cases are usually ever the same. However, hiring an experienced Connecticut personal injury attorney is important to a successful outcome in your case.
Brandon J. Broderick, Attorney at Law handles various types of personal injury cases, and we do everything we can to get our clients the results you deserve.
Contact us today for a free case evaluation. We have offices across the state of Connecticut, including Danbury, New Haven, Waterbury, Bridgeport, Norwalk, Hartford and Stamford.