Written on January 27, 2010 by
Amee Lunn
Most personal injury cases involve insurance companies. The first part of a personal injury case usually involves an attempt to settle the case with the insurance company. If the insurance company’s adjustor realizes that he or she is dealing with an unrepresented party (someone who does not have an attorney), the adjuster will probably try to settle the case quickly and for the lowest amount of money possible. It is important to hire an attorney as quickly as possible after an accident.
Insurance companies also try to gather the information they want, before an attorney is involved in a case. This includes taking statements from the parties involved in the accident, taking photographs and speaking with witnesses in the case. If you involve an attorney early in the case, he or she will be able to gather information and prevent the insurance company from obtaining information that they may not be entitled to.
Attorneys also have a lot more experiencing presenting a case to an adjuster in a clear and convincing manner. Your attorney will also have a much better sense as to what a fair value is on a case and can guide you through settlement negotiations. If the right attorney is involved, the adjuster will know that if the case does not settle, the attorney will not hesitate to file a lawsuit against the party they insure. Of course if the case does not settle, your attorney can file a lawsuit and handle the case all the way through a trial, if necessary.
If there is no insurance in a case, it is also important to speak to an attorney because he or she can find out if there are any other potential sources of money available to the defendant that could be used to pay for your injuries. The bottom line is an experienced personal injury attorney has the experience and understanding of how to handle a case and get you the fairest settlement/judgment possible.
Written on May 6, 2009 by
Amee Lunn
If you have ever taken the time to review your insurance policy or the declarations page (the page with all of the policy limits spelled out) that your insurer sends to you, then you have probably seen or heard the terms UM/UIM or Uninsured/Underinsured Motorist Coverage. Uninsured motorist coverage (UM) is a provision in your automobile insurance policy that provides coverage to you the insured if you are injured in a motor vehicle accident caused by someone operating another vehicle and who does not have any insurance on their vehicle. In order to invoke the coverage, the accident needs to have been the fault of the uninsured party.
Underinsured motorist coverage (UIM) is a provision in your automobile insurance policy that provides coverage to you the insured, if you are involved in a motor vehicle accident caused by someone operating another vehicle - and who does not carry sufficient insuranceto compensate you for your injuries. As a general rule of thumb, to invoke the underinsured coverage - your policy limits for your UIM coverage need to be greater than the underlying limits of the tortfeasor (the person who caused the accident).
Therefore, when you select the policy limit amounts, you should take into consideration that UM/UIM coverage is for your own protection in the case of an accident.
Written on March 29, 2009 by
Amee Lunn
Yes. The laws provide something called statutes of limitation. The statutes limit the time period within which you may file a lawsuit in order to recover from another party in a personal injury matter. Generally speaking, the statute of limitations is two years for a personal injury case. That is two years from the date that the act that caused the injury occurred. In certain cases, it may be two years from the date the injury was discovered. There are also some variations to the time limit depending upon the type of case. For example, in a dog bite case, the statute of limitations is actually three years.
Another thing to keep in mind is that your case may involve a claim against a municipality or the state. This is important to keep in mind because the law requires that the municipality or state be put on notice of the claim. The time period within which you must file the notice depends upon who you are making the claim against. It generally ranges from ninety (90) days to six (6) months.
Therefore, the best thing to do is seek legal assistance immediately. This will provide your attorney with more time to investigate your case and provide any necessary notice to the defendant. Further, it will help you to ensure that you are not barred from making a claim due to any time limitations.
Written on March 16, 2009 by
Amee Lunn
In a personal injury case, the types of damages or compensation that you are entitled to are called economic and non-economic damages. Economic damages mean specific financial losses that are quantifiable. For example, economic damages include things like medical bills, lost wages, lost future income, etc. Non-economic damages refer to things such as pain and suffering, an inability to perform activities of daily living, mental anxiety and stress.
When an attorney looks at a case, he or she can come up with a figure representing the economic damages rather quickly. However, it is the non-economic damages that are difficult to agree on and are subject to the opinion of the client, the claims adjustor and the attorney. Everyone has a different opinion as to what someone’s pain and suffering or emotional distress might be worth.
In certain specific instances, you may also be entitled to something called punitive damages. These are a type of money damage that are intended to serve as part of a punishment to the defendant. For example, you may be entitled to punitive damages in a case where someone causes an accident because they were driving recklessly. The type of damages you are entitled to really depend upon the specifics involved in your case.
Written on February 21, 2009 by
Amee Lunn
If you have access to the Internet, a great site to visit is the Connecticut Judicial Branch website. There is a tremendous amount of information available on the site. One of the tools that many people find very useful is the ability to check the status of the following types of cases: motor vehicle, criminal, family, small claims and civil cases. Keep in mind that a civil or small claims case will not be on the site unless a lawsuit has been filed.
Whether you have a motor vehicle ticket and you can’t remember what day you have to be in court, you have a civil lawsuit pending and want to see what documents have been filed or you want to check and see if a potential tenant has a pending criminal case, the judicial branch website is a great resource.
Some of the other tools available on the site that you might find useful are:
- Self-help topics
- Forms (available for most types of matters)
- Attorney Information
- Connecticut Practice Book Information
There is an abundance of information available on the site. To visit the site, simply click on the Connecticut Judicial Branch Home Page link under Links of Interest on the side bar to the right.
