Phone: 203.234.8408 E-Mail: ajlunn@yournorthhavenlawyer.com

The Connecticut Judicial Branch website is a great source of information…

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.

Gujarati Law, Personal Injury Comments (0)

How long will it take? (When will I get paid?)

Written on February 20, 2009 by Amee Lunn

If you (through your attorney) are going to be able to make a recovery in your case, the time it will take to resolve will depend upon a variety of factors.   In some cases your attorney may be able to negotiate a settlement without filing a lawsuit.   In other situations, your attorney may have to file a lawsuit with the court and your case may proceed all the way to  trial.  A case may settle within  six months to one year after the accident.   Yet a case in which a lawsuit is filed, may take three to four years after the accident to get to trial.   However, each case is fact specific so it is difficult to predict exactly how long it will take.   Keep in mind that it is your decision to accept or decline any settlement offers made along the way.  Your attorney may offer you his or her opinion, but the choice is ultimately yours.

Attorney/Client Relationship, Personal Injury Comments (0)

Can you give me an overview of the process involved?

Written on February 16, 2009 by Amee Lunn

Meet With Your Attorney:  The first thing you will need to do is meet with your attorney.   At the meeting you will have the opportunity to go over the details of the case.  If it is your first meeting, you will be asked to sign a contingency fee agreement and medial record releases (so your attorney can obtain your records to pursue the case).   

Investigation:  Once you have signed a fee agreement, your attorney will then proceed to gather information about your case.  This will include acquiring documents such as a police report, photographs, statements, any applicable contracts, your medical records, medical bills and lost wage information.  The type of documents and information the attorney needs to gather will depend upon the type of case.  Your attorney will also inform the insurance companies and any other pertinent people that he or she represents you.  In some cases, the attorney will have to put certain parties on “notice” of your claim.

Negotiations:  The attorney will communicate with the other party (the defendant) or their representatives (attorney or insurance adjustor) on your behalf.  In some cases, there will be regular and constant communication between the parties.  Yet in others, there will be little or none.   This usually depends on the position the other side is taking regarding your claim.  In most cases, negotiations will begin when you have completed your medical treatment.   Prior to beginning any type of settlement discussions, your attorney will contact you or meet with you to discuss the potential value of your case.  Next, your attorney will present the defendant (or insurance adjustor/his or her attorney) with a demand to settle your case.   If the defendant is accepting fault for the accident, a counter offer will usually be made.  If the other side is not accepting fault, your attorney will most likely file a lawsuit without engaging in discussions with the other side.   Over time, your attorney will either be able to settle the case or will inform you that a lawsuit needs to be filed.  There are state laws that define the statutes of limitations.   These are laws that limit the time frame within which a lawsuit MUST be filed.  If the lawsuit is not filed in a timely manner, you will lose the opportunity to pursue a claim against the defendant (because it will be barred by law).

The Lawsuit:  If your attorney is unable to settle your case through negotiations, he or she will then proceed to file a lawsuit in court on your behalf.   Your case will then be prepared for potential trial.   Even after the lawsuit has been initiated, your attorney will continue to attempt to settle your case.   If the case does not settle, your attorney will then have the opportunity to present the facts of your case to a judge or a jury during a trial.   The judge or jury will then render a judgement or verdict in your case. 

 

 

Personal Injury Comments (3)

Can You Afford An Attorney for Your Personal Injury Case?

Written on December 15, 2008 by Amee Lunn

The answer is YES!  The Attorney works on a contingency-fee basis. 

What is a Contingency Fee?

In, Connecticut, if you do not make a recovery in a personal injury case, your attorney does not get paid.  The attorney’s fee in a personal injury, wrongful death or property damage case is contingent or based upon whether or not you recover and how much you recover.  The agreement you sign with your lawyer when you start the case is, therefore, called a contingency fee agreement.  Aside from attorney’s fees, the only other potential expenses are the costs associated with pursuing your case  - you are responsible for the costs regardless of the outcome of the case (for examples of the types of costs see “What if I don’t win my case ?” below)

How much do I have to pay my Attorney?

If there is a settlement or award by the court, the attorney is paid on a percentage basis.  There is a section of  the Connecticut General Statutes which specifies the percentage the attorney can take based upon the total amount recovered. The percentages specified by the statute are the percentages that are normally used in a personal injury case.  If you would like to read the statute governing the fees, go to: http://www.cga.ct.gov/2007/pub/Chap901.htm#Sec52-251c.htm

On occasion, an attorney may review a case and find that handling the case may entail an extraordinary amount of work or involve a tremendous amount of research.  In that case, the attorney may ask the client if they would be willing to waive the percentages (on the percentages) set forth in the statutes.  It is the client’s right to either agree to waive the limitations or to find another attorney who would be willing to work under the percentages set out in the statute.

What if I don’t win my case?

If for some unforeseen reason there is no settlement or award at the end of the case, the attorney is NOT ENTITLED TO A FEE.  The only expenses that you are responsible for regardless of the outcome of the case are any costs associated with pursuing your case. Generally, if the case is settled prior to filing a lawsuit, the costs are minimal.  At this stage, potential costs may include fees incurred for obtaining medical or hospital records, police reports or photographs of something related to the case.   If a lawsuit is filed, then you may be responsible for additional expenses such as court filing fees, marshal services, etc..  The costs in a case are generally very reasonable and affordable.  Talk to your attorney about any concerns you might have at the beginning of your case.

Attorney/Client Relationship, Personal Injury Comments (0)