Category: Personal Injury and Wrongful Death

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

 

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/

 

04 Oct 2017

What is a Slip and Fall Accident Case?

What is a Slip and Fall Accident Case?

Slip and Falls happen often and unexpectedly. The possibility of falling is frightening.  All of us have experienced a slip at some point, but slip and falls can be very serious occurrences. Slip and falls are the number one reason for emergency room visits in the United States. They account for 15% of all deaths in the country.

Victims of slip and fall accidents caused by the negligence of others are entitled to compensation. Slip and fall accidents can result in very serious and sometimes fatal injuries. About 20-30% of all slip and fall victims will suffer from moderate to severe injuries, including head injuries, bruises, hip fractures, and broken bones. Injured slip and fall victims will have excessive fees, including medical and rehabilitation bills to pay.

It is highly recommended that you seek the legal advice of an experienced personal injury attorney if you or someone you know are suffering from injuries caused by a slip and fall accident.  

 

Slip and Fall Claims in Connecticut

slip and fall accidentAccording to the Center for Disease Control and Prevention and the Bureau of Labor Statistics, there are 19,565 people deaths every year from slip and fall accidents. People slip and fall anywhere, but most of these accidents occur at the workplace. Slip and fall injuries account for about 12-15% of all workers compensation fees, costing employers about $40,000 per incident. Depending on the industry, there can be several hazardous factors that cause slip and falls. Workers in the industrial, construction and medical industries are more at risk to slip and fall on the job than employees in other industries. Hazardous factors like ground cracks, wet floors, equipment malfunctions, greasy floors, and cluttered wires can all result in slip and fall injuries on the job.

Slip and falls are also prone to happen in public areas. If you were injured from a slip and fall in a public restroom, store, or sidewalk due to unkempt facilities, you are entitled to compensation.

Property owner negligence is difficult to prove in comparison to other injury cases. Typically, there is one person involved in a slip and fall, making it harder to hold another party responsible. To have a greater chance of winning damages in Connecticut, victims must prove that the property owner failed to deliver an obligation promised to them.  There are an enormous number of factors that can lead to a dangerous slip and fall accident including but not limited to, poorly lit areas, unsafe stairs or handrails, unsafe walking surfaces and non-slip floors.  Before you talk to anybody or sign anything about your accident make sure you speak with an experienced personal injury attorney to learn your rights.

 

20 Jun 2017

Can An Ambulance Company Be Sued for Wrongful Death ?

When someone dies at the scene of an accident, it’s completely normal for loved ones to wonder if there was anything paramedics could have done to save them. While paramedic and emergency medical technician (EMT) negligence is uncommon, it can happen and result in a wrongful death claim.

Paramedics and EMTs provide emergency medical treatment at the scene of accidents in Connecticut. While EMTs generally cannot administer medication, they are trained to check for life-threatening medical conditions and perform lifesaving intervention until a patient is transported to the hospital. Paramedics are EMTs with advanced life support training with the ability to give many types of medications and begin IV lines.

The duties of a paramedic or EMT include:

  • Checking for life-threatening conditions
  • Treating symptoms according to training
  • Preparing a patient for transport to the hospital
  • Providing immediate, safe transport to the closest hospital
  • Taking control of the patient’s care until the ambulance reaches the hospital

Types of EMT Negligence

While rare, EMT and paramedic negligence can occur in many ways. One of the most common forms of negligence is an accident. According to one study, ambulances are 13 times more likely to crash than other vehicles because ambulance drivers are usually more focused on arriving at the hospital as fast as possible than driving safely. Someone who is already injured may not survive another accident.

Medication mistakes can also be a form of negligence. EMTs and paramedics can only administer approved medications on the scene, but failure to give the correct drug, check that the patient is not on a drug that can interact, or giving the incorrect dose can be negligence.

Miscommunication with the hospital can also be grounds for a wrongful death action. The EMT’s duty to the patient ends when the EMT delivers the patient to the hospital staff, but the EMT must correctly report their assessment of the patient’s condition and treatment to ensure the patient receives the correct care.

Other forms of negligence may include:

  • Physical or sexual assault
  • Failing to create and preserve records of the incident
  • Acting beyond the scope of a paramedic or EMT
  • Failing to check circulation, breathing, and airway
  • Failing to take the patient’s history
  • Improper use of medical devices
  • Lack of proper certification

If you have lost a loved one due to negligence on the part of an EMT or paramedic, the ambulance company may be held liable under Connecticut law. An experienced wrongful death attorney in New Haven can help you explore your legal options to hold the responsible party accountable and file a wrongful death claim for medical expenses, final expenses, loss of companionship, and loss of future income.

20 Jun 2017

How Social Media Can Damage Your Personal Injury Case ?

If you have been injured in an accident and plan to file an injury claim, it’s a safe bet that the insurance company is watching what you do. Depending on the value of your claim, the insurance company may even have someone following you to the grocery store, the gym, and on errands. This is because insurance companies do their due diligence to investigate claims, look for fraud, and minimize payouts whenever possible. Regardless of the size of your claim, you can be certain the insurance company will follow what you do online — and use this information against you.

Your social media presence can become your greatest threat to your claim, no matter how valid it is and how injured you truly are. One of the most important things you can do to safeguard your personal injury claim is protecting your online identity and thinking twice before posting anything.

How Social Media Is Used Against You

While social media makes it easy to connect with friends and loved ones, it can also make a huge difference in the outcome of your case. During your personal injury case, you will work with your personal injury lawyer to substantiate your claim through your medical records, witness statements, and other evidence while the insurance company looks for evidence that suggests your damages aren’t as severe as you claim. If you aren’t careful, what you post on social media can be used as evidence against you.

Everything you post online can be subpoenaed and used against you in a personal injury claim, including comments you make about the person who injured you, comments and photos of your activities after the accident, and photos you have been tagged in.

As an example, consider what can happen to your case if you are claiming damages for chronic pain and an inability to enjoy the bicycling hobby you once enjoyed but you post a photo on Facebook of a recent bike ride with a friend or a comment on a friend’s picture that you look forward to riding together soon.

While this may seem obvious, the defense can also twist your social media posts to suit their case. A picture of you smiling can become “proof” that you are not suffering from depression, for example.

There are many ways the insurance company may use the evidence it finds on social media:

  • Disprove the severity of your physical injuries, such as using photos of you performing physically demanding activities while claiming you can’t work
  • Disproving claims of emotional distress
  • Disproving claims of inability to enjoy hobbies and physical activity
  • Tracking apps can be used to discredit your version of the events leading up to the accident, even if you were merely confused or mistaken about the exact moment something happened

How to Protect Yourself

It’s important to guard against this problem by setting the privacy settings on your social media accounts as restrictive as possible. Always be careful about what you post and refrain about talking about the case or even your injury online. You may even want to shut down your sites until your litigation is concluded.

An experienced New Haven personal injury attorney can help you avoid potential landmines in your injury claim while protecting your best interests. Contact Dehghani & Associates today for a free consultation with a personal injury lawyer to review your case.