16 Nov 2017
Personal Injury Lawyer CT

What you need to know about Personal Injury Law

What you need to know about Personal Injury Law

Personal injury starts with you being harmed.  This can be an auto or motorcycle accidents, slip and fall, dog bites or many other events where you’ve experienced physical or emotional harm due to another party’s actions.

Personal Injury Lawyer CTSome true or false on personal injury:

  • You’ve been hurt in an auto or motorcycle accident, but it seems that the injury is no big so therefore you shouldn’t bother the police officer or medical responders at the scene about your injury. – FALSE – you don’t know how big a deal it might be and injuries often manifest over the days following an accident.
  • You are in an accident with an uninsured motorist therefore, you have no recourse – FALSE – Just because there is no insurance doesn’t mean there are no assets or other valuables that cannot be explored.
  • The insurance company from the other party in an accident calls to record an interview with you and you respond, “you can call my lawyer” – TRUE – never give statements to the insurance company without legal representation.  They do NOT have your best interests at hand regardless of how nice they might sound on the phone.
  • The attorney or insurance company of the other party sends you a letter or calls asking for your approval to inspect your medical records, it is ok for you to cooperate. – FALSE – these people are not on your side, they do not care about you and your medical information is your confidential information. 
  • If you are forced to make an initial claim to your insurance company or have medical bills initially covered your rates will go up and you will have to pay them back – TRUE – BUT only if you do not protect yourself and make sure that the record is set straight and you have proper guidance on how to work with your insurance company.
  • Many Personal Injury cases are settled out of court and do not require a trial by either a judge or jury – TRUE – and this is the reason you need an experienced attorney, with only your interests in mind to ensure that the best possible solution is achieved based on knowledge of the law and what would reasonably be awarded should the court get involved.
  • Insurance companies will work with you so that the case can be settled and spare you any extra pain or difficulty – FALSE – when you are speaking to an insurance company, you need to assume that you are speaking to a lawyer or someone trained to speak by lawyers.  The primary goal of insurance companies is to minimize any payout and protect their bottom line.

 

People get hurt every day.  Smart people that get hurt obtain any necessary medical attention as a first priority and immediately thereafter, contact a trusted and experienced attorney who can help navigate the law, insurance industry and other complicated issues that are made only more complicated when compounded by an injury.

Dehghani & Associates has been helping the residents of Connecticut for 18 years and if you’ve been injured in an accident or otherwise at the hands of another, we are here to ensure that your rights are protected.  Call Dehghani & Associates at 203- 773-9513

 

08 Nov 2017
Criminal Misinformation

Misinformation Impedes Success of Former Felony Offenders

For someone facing a possible felony conviction, there are, of course, many things to worry about, but long-term planning for after a potential sentence has been completed will most likely be far from their most pressing concern.  One of the most important defense attorney responsibilities is to inform their client of the significant issues to be considered and the possible risks associated with a felony conviction.  Often, when entering a plea, a defendant is completely unaware of what is called collateral consequences, which are punishments or restrictions ex-felony offenders will face after serving their criminal sentence.

Criminal MisinformationThe best criminal defense lawyers are advocates for their client’s interests throughout the judicial process, including those interests the client may not be aware are important, like their long-term welfare and eventual reintegration into society.  Ultimately, if one is met with the challenge of a criminal punishment, whether it be a monetary fine or an extended imprisonment, a time will come, after this ordeal is over when they will have the opportunity to regain the freedom to pursue a happy and productive life.  Further challenges will come along with this new freedom, but if one is armed with the appropriate knowledge and advice from a good criminal attorney, they can feel confident in their future success.

It has been found that ex-felons are likely to incorrectly believe that as a result of their conviction, their rights have been intensely restricted.  .” (McCahon, David S. (2015). Combating misinformation in the ex-felon population. Probation Journal 63(1), 9-22. doi:10.1177/0264550515620690).  In particular, there is a significant degree of confusion amongst offenders about whether they have the right to vote after their sentences are completed.  Many believe their conviction has barred them from participation in elections and that there is no pathway to regaining their voting rights.  Although felon disenfranchisement laws do prohibit some ex-felons from voting, a great many are in fact eligible voters, yet they do not exercise that right.

This pervasive misinformation about felon disenfranchisement laws and its resulting effect on civic engagement, has been exacerbated by the stigmatization of ex-felons in this country, which is largely the result of legislation excluding offenders from such rights as welfare benefits, gun ownership, and the ability to serve in the military (The Personal Responsibility and Work Opportunity Reconciliation Act of 1996).

Reintegration into society is often hampered by the sense of exclusion that many experience after serving their sentences.  Unfortunately, failure to successfully reintegrate has been shown to have dire consequences in terms of rehabilitation.  “A large body of criminological research indicates, in order for-ex offenders [sic] to desist from criminal activity, they must engage in pro-social activities that assist them socially and mentally.” (McCahon).  Ex-offenders who misunderstand their rights are often troubled by what they think they know about disenfranchisement laws, but, when given correct information about their civil rights after their conviction, they tend to become more engaged in society and exhibit the pro-social behaviors, which are correlated with long-term wellbeing and successful rehabilitation.

Seeking advice from an experienced criminal defense lawyer is always a smart decision, and, by doing so, one can choose a proactive approach to ensuring their future.  If you are facing a potential criminal conviction, contact an experienced defense attorney, who has all of your best interest in mind, today at dehghanilaw.com   

 

 

01 Nov 2017
medical malpractice

Medical malpractice in the state of Connecticut

It happens all too often – someone becomes injured or passes away due to the negligent practices of a medical practitioner.  Even the most competent and experienced doctors can at times make mistakes that end in tragedy.  Should you find yourself in such an unfortunate situation, you may be asking yourself questions regarding what steps to take next.  What constitutes a medical malpractice claim, and how do I know if I have grounds to pursue one?  What exact circumstances led to such a claim being the appropriate course of action?  Perhaps most important of all, what kind of proof does the court demand in order to rule in my favor?

Defining medical malpractice

Let’s begin with the first question.  The following definition comes from the Connecticut General assembly:

“A medical malpractice lawsuit may be filed to recover damages from a personal injury or wrongful death allegedly caused by a health care provider’s negligence.” medical malpractice

These claims exist to hold medical providers accountable should their subpar treatment result in injury for their patient.  In such instances, the medical care provider becomes liable for any damages their negligence may have led to.  Medical malpractice claims can take myriad forms and arise from an untold number of circumstances.  A few examples of more common cases come from mistakes relating to:

  • Administering the wrong treatment or not administering treatment timeframe necessary to address the patient’s condition
  • Failing to make an accurate diagnosis resulting in wrong treatment or lack of treatment
  • Mistakes regarding the writing of prescriptions

If you believe you have been injured due to a medical practitioners’ mistakes, contact a Connecticut medical malpractice attorney right away.  The statute of limitations for these claims is two years.  You may have two years to act from the date you were injured or when the injury was discovered.  This varies based on the facts of your specific case and is one of many reasons you ought to consult with an attorney immediately.

 

Requirements for proving medical malpractice

Returning to the Connecticut laws and regulations regarding medical malpractice as set forth by the Connecticut General Assembly:

“In order to win his lawsuit, the claimant must prove by a preponderance of the evidence that the health care provider’s alleged actions breached the prevailing standard of care for such a health care provider. This standard of care is that level of care, skill, and treatment that, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”

This constitutes a strict standard.  In most cases, medical malpractice will be difficult to establish.  This holds especially true when the injury cannot be specifically defined or traced back to one particular action taken by the defendant.  The prosecution generally relies upon placing the burden of proof on the medical practitioner (defendant), who must prove they did not act negligently.  This differs from most other types of cases in which the burden of proof lies with the plaintiff in proving that the defendant took a certain action.

These cases are full of delicate nuances and fine details that require the expertise of a competent attorney.  At Denghani & Associates, we specialize in medical malpractice cases.  Contact us today to see how we can help you with your case.

 

Sources:

//www.cga.ct.gov/PS94/rpt/olr/htm/94-R-1059.htm

/areas-of-practice/medical-malpractice/

 

25 Oct 2017

The importance of evidence in preparing a personal injury claim

In order to have a personal injury case, you need physical evidence.  Claims adjusters will not be willing to offer you a settlement without proof that the person they are ensuring actually caused your injuries.  And should you go to court, it will be difficult to win your case without sufficient evidence of a compelling nature.  Pieces of physical evidence become exhibits that help support arguments in favor of your claim.  The most common forms of physical evidence for personal injury claims include:

  • Records of medical treatment.  Medical records tend to turn the tide in personal injury cases more than anything else.  After all, you are attempting to prove that you were injured as a result of negligence on behalf of another party.  If you can’t even prove that you were injured in the first place, you don’t have much of a case.  For this reason, it’s important to seek medical treatment immediately following an accident, whether you think you’ve been hurt or not.  Some injuries can take considerable time before their symptoms manifest.  
  • Statements from witnesses.  Always get contact information from anyone around the scene of an accident that witnessed what happened.  While eyewitness testimony may not be the most reliable form of evidence, it can reinforce the narrative established by other forms of evidence.  
  • Photographs of the scene.  Visual evidence can be very powerful.  Such evidence is difficult to refute, given that it speaks for itself.  Remember to take as many quality photographs of the scene of an accident as soon as possible.  The more time that passes between the accident and the timestamp of the photographs, the more objections can be raised as to the validity of the pictures.  Physical evidence may also deteriorate over time.  Take photographs of any physical injuries to your body, damaged clothes, the surrounding scene and damage caused by the accident as well as what caused your injury, if possible.   
  • Police reports.  A police report functions as a piece of tangible evidence indicating that the accident occurred in the time and place that the plaintiff alleges it did.  It’s important to contact local law enforcement following an accident for this reason.  
  • Your own written narrative of the accident.  This one is somewhat self-explanatory.  It’s best to articulate your side of the story exactly as you see it.  It’s best to do this sometime after the accident when the heightened emotions that often result have passed.

Evidence spoliation

EVIDENCE personal injury caseWhen an at-fault party eliminates evidence in an effort to detract from the injury claim, it is referred to as spoliation of evidence.  Your attorney can send a letter to the defendant or defendant’s insurance company to in an attempt to stop this before it happens.  If evidence still gets destroyed, little can be done unless your case goes to court.  If your attorney argues that evidence was destroyed, the at-fault party could face severe consequences such as steep fines or jail time.  

Our personal injury lawyers at Dehghani and Associates are experts in this kind of litigation.  We charge no fees unless we recover damages for you.  Contact us today.

 

Sources:

//www.injuryclaimcoach.com/evidence-preservation.html

/areas-of-practice/personal-injury/

 

17 Oct 2017
travel ban information

Travel Ban Blocked By Hawaii Judge

Today, October 17, 2017, U.S. District Judge Derrick Watson in Hawaii issued a Temporary Restraining Order, blocking the new travel ban issued by President Trump a day before it was to take effect. This means that, at least for the time being, the ban will NOT take effect on October 18, 2017 as it was originally planned. You can read the text of Judge Watson’s order here:

Travel Ban Order
09 Oct 2017
travel ban information

Possible Options for Those Subject to the New Travel Ban

travel ban information

The issue of how the travel ban will affect those on the ban list with pending or approved visa petitions after October 18, 2017 is an interesting one. The consensus is that it will make those individuals inadmissible to the United States. But is there a way around the inadmissibility? That is an unknown. The Government has not yet put together –or even declared the availability—of a waiver process. A waiver is an exception to inadmissibility; however, waivers are only available for certain grounds of inadmissibility. As of now, it is unclear as to whether the Government will make a waiver available for inadmissibility under the new travel ban, and if so, how it will be dealt with procedurally.

Availability of a waiver is an issue that can also be present for those without an approved visa petition before the effective date of the ban on October 18, 2017. The issue will be this: can a foreign national who is subject to the ban apply for a non-immigrant visa such as a visitor’s visa, and ask for a waiver? Currently, the answer appears to be no. However, if the Government decides to establish a waiver process, a non-immigrant visa applicant may also be able to file a waiver request in conjunction with the non-immigrant visa application. Certainly, any foreign national without an approved immigrant visa petition who is simply asking for a non-immigrant visa has far fewer rights to enter the United States than one with an approved immigrant visa. But should the Government decide to implement a waiver process and make it available to a broad category of applicants, those foreign nationals may be able to benefit from a waiver as well.

In sum, the circumstances surrounding the applicability of the ban, and exceptions to inadmissibility under the ban are rather fluid at this time. There are also several court challenges to the ban, the decisions on which may impact the manner in which the ban is implemented. Further guidance from the Government may also shed more light on the matter. We will have to wait and see.