Category: Personal Injury and Wrongful Death

03 Jan 2018
Premise Liability Lawyer

3 Important Issues regarding Premise Liability Cases

Businesses and property owners have a responsibility to maintain an environment that is safe for both employees and customers.  In the event they fail to do this, they can be held liable for injuries resulting from their carelessness in preventing hazards on their premises.  If you have been injured in a store or public place as a result of dangerous conditions, you ought to consult with a competent Connecticut premises liability attorney right away.

You must prove negligence in addition to unsafe conditions

Premise Liability LawyerWinning a premises liability case depends upon being able to prove that the property owner acted negligently with regard to ownership or maintenance of their property.  In this sense, negligence refers to the property owner failing to use reasonable care as far as their property is concerned.

According to Nolo.com, just because you suffered an injury on someone else’s property does not necessarily mean the property owner can be found negligent.  In addition, even if the property was unsafe, that alone may not be enough to consider the property owner negligent.  It must be demonstrated that the property owner knew or should have known that their premises were unsafe and that they failed to make an adequate attempt at fixing the conditions.  Sometimes this can be a significant burden of proof, other times the conditions make it obvious.

Don’t hesitate to contact an attorney

Even if you think you may be partially responsible for being injured on someone else’s premises, you may still be able to receive compensation for damages in the event that the law places most of the fault upon the property owner.  This is why it’s important to not assume that you don’t have a case and to consult with a lawyer to be certain.

In Connecticut, businesses can also be held liable to those who suffer injuries resulting from the normal course of a business’s daily activities.  Employees or anyone else who has business to conduct on the premises may have the right to sue the responsible party, seeking damages on top of any worker’s compensation they suffer while working.  

Assault-related injuries can be classified as premises liability

Victims of violent crimes are not always just recipients of bad luck.  At times, business owners are at fault, and can, therefore, be held liable for muggings, physical attacks, and sexual assaults occurring on their premises.  Businesses have a responsibility to keep their customers safe, also known as a duty of care.  When they fail to take measures to ensure that safety, such as providing adequate lighting in parking lots or securing doors, they can be held liable.  Failures to hire security guards or equip the corners of a building with cameras when the threat of crime exists can be an instance in which the business or store may be held responsible for personal injuries that occur during criminal attacks.  

If you’ve suffered a personal injury under circumstances that you suspect may fall under the umbrella of premises liability, you need competent representation to assist with your case.  Our lawyers have extensive experience with these cases and will help you determine the necessary next steps to take.  Call us today.   

 

 

Sources:

https://www.nolo.com/legal-encyclopedia/what-premises-liability.html

http://www.dehghanilaw.com/areas-of-practice/personal-injury/

 

13 Dec 2017
auto accident lawyer CT

Man Charged with DUI in Injury Accident (Hartford, CT. )

An early morning car accident has seriously injured a woman and has one man charged with driving under the influence.

In a report from the Hartford Courant, the two-car accident occurred early hours, about 2:40 in the morning on Sunday.  Harford police placed the accident in the area of 888 Park Street, near Zion Street.  A woman, reported to be 70 years old was critically injured in the accident and had to be extricated from the car.  Police have not yet released her name but due to the severity of her injuries, the police dispatched the Crime Scene Division to the crash site to conduct a full investigation of the accident.

auto accident lawyer CTThe driver of the car that struck and injured the woman was driven by Carlos Roman, 35 years old from Madison Street in Hartford was arrested at the scene as he was suspected of driving under the influence.  Mr. Roman was later charged with this offense.  

When a driver is arrested under the influence this site indicates that for a first offense, an Ignition Interlock Device or IID will be installed.  It isn’t known if this was Mr. Roman’s first DUI offense but given that there is a serious injury, in this case, it is expected that Mr. Roman has a far more difficult legal challenge in front of him.  

According to the Connecticut Department of Motor Vehicles website, you are legally impaired if your Blood Alcohol Content is 0.08% or higher.   The site further explains that if the courts determine that a 2nd-degree manslaughter crime has been committed with a Driving Under the Influence or Driving While Intoxicated situation that the person charged with this can face up to 10 years imprisonment and/or $10,000 in fines.  In the case where a serious physical injury has occurred in these conditions, the charged person can face up to 5 years in prison with up to $5,000 in fines.

Given the serious nature of the injuries to the unnamed woman, it would appear that Mr. Roman is facing some serious legal issues that could land him in prison for years.  The condition of the unnamed woman will have a material impact on how the court prosecutes his case.  Further, Mr. Roman is likely to face civil tort claims by the family of the woman injured in the crash.  At a minimum, it would appear that there will be pain and suffering, loss of the ability to enjoy life and other claims related to her injuries and in the most unfortunate case, if she does not survive her injuries, a wrongful death claim against him should be anticipated.

Dehghani and Associates, LLC is a full-service law firm with offices in New Haven, Connecticut. We practice in the areas of personal injury and wrongful death, immigration, medical malpractice, worker’s compensation and criminal defense. Contact us today for a free consultation.

29 Nov 2017
civil lawsuit lawyer

The process of filing a civil lawsuit such as a personal injury claim

Personal injury cases are one specific kind of a broader class of lawsuits known as civil lawsuits.  

In many personal injury cases, a good lawyer will be able to settle out of court before having to resort to taking the case to trial.  This is often a preferable outcome given that bringing a civil suit is a serious decision that takes a lot of time and resources.  The following information will be helpful to know for personal injury cases, particularly if you choose to represent yourself (which is not recommended, as an experienced attorney will maximize your chances and handle much of the paperwork for you)  

Some simple civil lawsuit terminology

The definition of a lawsuit is when someone files in court a legal claim against someone else, i.e., a person, business, or governmental entity.  Lawsuits are also referred to as cases, actions, or proceedings.  The term “party” means a person, business, or government entity involved in the lawsuit.  The party that is filing suit is the Plaintiff.  The party being sued is the Defendant.  The event or facts that provide you with a legal reason to sue are defined as a cause of action.  An allegation is a statement you make about a fact that you assert to be true or provable.  A cause of action can consist of one or more allegations.  

civil lawsuit lawyerThe cause of action is the event or series of facts that form the basis upon which you intend to sue.  The complaint is made up of one or several true or provable allegations that amount to a cause of action.  You must have a legally viable reason to sue.  You cannot sue someone simply because you are angry with them, for example.  Many different reasons exist under the law to sue.  In reaching your decision to sue, it will be necessary to research laws, historical case decisions, and other relevant legal material.  The Connecticut Judicial Branch Law Libraries contain resources to help you find your cause of action.

Writing a complaint

The first step in beginning a civil lawsuit involves writing a complaint.  A complaint makes a statement to the defendant explaining why he or she is being sued.  The complaint is detailed in Connecticut General Statute’s section 52-91 and Connecticut Practice Book section 10-20.  

No pre-printed form or template exists for writing a complaint.  You will have to write it on your own.  To do this, it will be necessary to read and abide by the statutes and court rules.  Refer to Connecticut General Statute’s section 52-91 and Connecticut Practice Book section 10-20 to learn what to include in the complaint.  There you will find the proper formatting guidelines as well as what to include in terms of content.  

If you choose to have a competent attorney represent you, the difficult decisions described here will all be taken care of for you.  You won’t have to worry about legal research or even think about most of the process.   Contact Dehghani & Associates today to schedule a no cost consultation to discuss your claim.   

Sources:

https://www.jud.ct.gov/lawlib/srp/Info_Series/3/Lawsuit_Text.pdf

http://www.dehghanilaw.com/areas-of-practice/personal-injury/

 

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:

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

http://www.dehghanilaw.com/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.