Once an accident victim consults with an attorney certain questions are essential to be asked and answered to the clients satisfaction:
1) How do I prove who is at fault for the motor vehicle accident?
ANSWER: Fault is determined by all the circumstances surrounding the collision including physical evidence at the point of contact, like skid marks, debris from the impact, eyewitness accounts whether they know the parties or not, evidence pertaining to questions of right of way, respective speeds, inattentiveness or distractions at the time, crossing the centerline to drive in an improper lane. In addition, in some instances it will be advisable to employ an accident reconstructionist expert to obtain measurements of the roadway and denting of vehicles,, videos, photographs and opinions relevant to persuasive fault allocation.
2) How long do I have to sue if my injuries resulted from someone’s carelessness or negligence?
ANSWER: The general rule is that the statute of limitations for car accidents in Connecticut is two years Certain exceptions and statutory notices may apply so each case must be evaluated as soon as possible on an individual basis.
3) What damages can I recover in a motor vehicle accident?
ANSWER: In Connecticut an injured party is entitled to recover both economic and non- economic damages.
Non- Economic includes: pain and suffering (physical and emotional), mental anguish, disfigurement, permanent damage, loss of life’s enjoyment, loss of opportunity, future lost wages, future medical expenses , rehabilitation or therapy, and loss of consortium.
Economic damages include: medical expenses, lost wages, impairment of earning capacity, substitute transportation costs and other out of pocket expenses such as housekeeping, child care and repair or replacement of property damage.
4) What is the value of my case: what is it worth?
ANSWER: Here is where your selection of attorney assumes a high degree of importance. Not all attorneys are created equal because there is no formula or fixed rule for placing a settlement figure on your case. Each case is evaluated and negotiated on its particular circumstances and there is no necessary correlation, for example, between one person’s pain and suffering for apparently similar injuries, to that of another. Pain and suffering in individuals is as distinct as snowflakes with characteristics unique to each. The experienced lawyer will want full weight given to such diverse aspects as the severity of the injury and the impact on the individual’s life including employment and employability.
Results will vary depending on the attorneys skill and his ability to present his client as a unique individual, so the choice of a lawyer is not be me casually made or haphazardly. When the lawyer is highly competent with an equal measure of dedication to his client the most favorable settlement possible can be expected and if a trial is necessary the utmost professionalism exhibited.
5) Is it always necessary to file a lawsuit?
ANSWER: Most cases are resolved by a negotiation process or mediation but sometimes a law suit is necessary to achieve an optimal settlement. A lawyer who is known by insurance companies as one who does not shrink from the prospect of a trial and who is a fierce litigator, willing to try a case to its conclusion, often increase the value of a case based upon his reputation. A lawyer with such a reputation is likely to achieve full value and avoid the necessity of a trial.
6) How important is the lawyer I choose?
ANSWER: Again, it deserves to be emphatically stated that your selection of counsel is of paramount importance. Your lawyer, like a personal injury lawyer in New Haven County, CT, must not only be experienced but equipped with analytical skills and in possession of the power of persuasion. During the course of your case he must wear a number of different hats: he must conceive of a plan to be executed (architect), he must assemble the evidence, including the preparation of witnesses and order it for easy accessibility for presentation to the jury. (Construction Manager) He must take charge of the courtroom and exhibit complete control over the applicable law as applied to the relevant facts with precision. (Foreman/Supervisor) Finally, he must sum up before a jury to convince them of the rightness of your cause and inform them that their award must represent full justice which in translation means an amount calculated as a compromise . Full justice means the amount you have proven you should receive. Anything less is partial justice which is not justice at all.