-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
1/198
on Personal Injury ClaImsIn ConneCtICut
The
Crash Course
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
2/198
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
3/198
Hastings, CoHan & WalsH, llPAttorneys at Law
W O R D A S S O C I A T I O N P U B L I S H E R Swww.wordassociation.com
1.800.827.7903
on Personal Injury ClaImsIn ConneCtICut
The
Crash Course
www.hcwlaw.com
1.888.842.8466
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
4/198
Copyright 2010 by Richard P. Hastings
All rights reserved. No part o this book may be used or reproduced in any
manner whatsoever without written permission o the author. Published 2010.
Printed in the United States o America.
ISBN: 978159571-523-4
Designed and published by
Word Association Publishers
205 Fifh Avenue
Tarentum, Pennsylvania 15084
www.wordassociation.com
1.800.827.7903
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
5/198
Authors Note
Thank you or considering our rm to represent you in your personal
injury case. We have prepared the ollowing inormation to give you a
better understanding o your personal injury case and to allow you to
enable us to potentially help maximize the value o your case.
We have decades o experience in representing injured clients and their
amilies who have received millions o dollars rom negligent parties and
their insurance companies in cases involving:
Motor Vehicle Accidents
Dog Bites
Wrongul Death Cases
Deective Products
Medical Malpractice
Premises Liability
Fall Down Cases
Sports Accidents
As a urther testament o our abilities, we serve as reerral counsel or
a variety o cases both rom local and out-o-state rms. We also have
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
6/198
contacts with some o the best lawyers throughout the country and can
assist you or others with your out-o-state cases.
Our greatest source o business comes rom our clients. You can be con-
dent that i a relative or riend requires our services, we will provide the
same proessional hands-on attention that you will receive.
We understand that you could chose rom any number o other rms torepresent you in your important legal matter. We appreciate the con-
dence you have placed in us and we will work hard to gain and keep your
trust.
Please careully review and ollow the inormation which is set orth in
these pages. We are accessible and encourage you to contact us whenever
you have a question.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
7/198
Legal Disclaimer
The inormation contained in this book is presented or inormational
purposes only and is not meant nor is it construed to be legal advice.
Further, the inormation contained herein should not be relied upon and
you should always seek the advice o an attorney beore proceeding. No
attorney-client relationship can be established with the rm unless and
until a mutually acceptable written agreement is signed by all parties. I
you are interested in asking us to represent you, please contact us so we
may be able to decide whether or not we are willing or able to accept
your case. Any inormation submitted to us via our website or by other
means may not be considered condential. We assume no liability caused
nor occasioned by your reliance on any inormation presented in this
book nor do we guarantee the accuracy, completeness or representations
contained therein.
The author and the publisher make no representation or warranties o
any kind; nor are any such representations implied with respect to this
inormation. The author and publisher shall not be liable or any damages,
consequential or otherwise, resulting in whole or in part rom anyones
use o or reliance upon the contents o this book.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
8/198
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
9/198
Table of Contents
Chapter 1
Frequently Asked Questions . . . . . . . . . . . . . . . . . . . . . . . 13
Chapter 2
Tort Law: An Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Chapter 3
What To Do I You Are Involved In
A Motor Vehicle Accident . . . . . . . . . . . . . . . . . . . . . . . . . 23Chapter 4
Your Personal Injury Case . . . . . . . . . . . . . . . . . . . . . . . . . 27
Chapter 5
Why It Is Important To Hire A Lawyer . . . . . . . . . . . . . . 33
Chapter 6
Ten Things You Can Do To Improve
The Value O Your Case . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Chapter 7Dealing With Your Health Care
Proessionals In Improving The Value
O Your Personal Injury Case . . . . . . . . . . . . . . . . . . . . . . 49
Chapter 8
Getting The Best From Your Health
Care Proessionals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Chapter 9
What Insurance Companies Dont
Want You To Know . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
10/198
Chapter 10
Bolstering Your Loss O Income Claim . . . . . . . . . . . . . . 65
Chapter 11What Is My Case Worth? . . . . . . . . . . . . . . . . . . . . . . . . . 71
Chapter 12
The Adjusters Point O View . . . . . . . . . . . . . . . . . . . . . . 79
Chapter 13
The Secrets Deense Attorneys Dont
Want You To Know . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Chapter 14
The Litigation Process . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
Chapter 15
The Pretrial Conerence . . . . . . . . . . . . . . . . . . . . . . . . . 107
Chapter 16
The Trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Chapter 17
Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Chapter 18
Preparing To Testiy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Chapter 19
Instructions To Clients Undergoing AnIndependent Medical Examination (IME) . . . . . . . . . . . 121
Chapter 20
How Insurance Companies Try To
Pay You Less Money For Your Claim
And What You Can Do About It . . . . . . . . . . . . . . . . . . 123
Chapter 21
How To Protect Yoursel And Your
Family From Irresponsible Drivers . . . . . . . . . . . . . . . . . 125
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
11/198
Conclusion
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Appendix AContingency Fee Agreement . . . . . . . . . . . . . . . . . . . . . . 131
Appendix B
Pain And Injury Questionnaire . . . . . . . . . . . . . . . . . . . . 135
Appendix C
Lost Wages And Prots . . . . . . . . . . . . . . . . . . . . . . . . . 159
Appendix D
Client Quarterly Report . . . . . . . . . . . . . . . . . . . . . . . . . 165
Appendix E
Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
12/198
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
13/198
13
C H a P t e r 1
Frequently Asked Questions
People who consider bringing a personal injury lawsuit usually come
to us seeking answers to certain basic questions. In an easy question-
and-answer ormat, this chapter addresses the concerns most commonly
voiced by current, new, or prospective clients.
Q: How Do I Know I I Need Your Services?
A: You probably will need our services i you have been seriously injured
or wronged in some way, as a result o an accident, medical malprac-
tice, a deective product, a slip and all, a dog bite, a sports injury, or
other cause. We provide a ree consultation to explore the acts o your
case and to advise you o your legal rights.
Q: Why Should I Hire An Attorney To Assist Me In Resolving My
Accident Or Injury Claim?
A: More money or you is the primary reason! An insurance-industry
research institution studied personal injury claims conducted by the
injured person alone versus those that were handled by attorneys. Thestudy determined that people represented by attorneys had a higher
net recovery or themselves (more money in their pocket ater attor-
neys ees and costs) than those without attorneys.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
14/198
14
Our attorneys provide you with the advantage o representation by
skilled proessionals whose experience and insight enable you to equal
the playing eld and help maximize the amount o money you can
recover when dealing with insurance companies and major corpora-
tions. Having our rm involved in your case allows you to ocus on
recovering rom your injuries, while we ocus on holding the respon-
sible party accountable or your injuries and damages.
Q: I Have Been Injured. What Will It Cost To Hire You?
A: We represent personal injury clients on a contingency-ee basis. In
other words, you pay attorneys ees only i we winand you pay no
ees i we lose. You are responsible or costs incurred, but these costs
do not include attorneys ees, and the costs are paid rom any settle-
ment or judgment entered against the person responsible or your
damage or injury. We advance costs so that the case can be properly
prepared and presented or settlement or trial. I there is no recovery,
you pay no costs as well. In addition, there are no ongoing out-o-
pocket expenses that you have to pay. We take all o the nancial risk
in representing you so that you can concentrate on getting better.
Q: Do You Oer A Free Consultation?
A: Yes, we oer an initial consultation or which we do not charge. The
purpose o this initial consultation is to review the acts o your case,
give you an indication o whether the case is one that we might be
interested in handling, and discuss with you the nancial arrange-
ments or our representation.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
15/198
15
Q: How Soon Ater I Am Injured Must I File My Lawsuit?
A: Every state has certain time limits, which are called statutes o limita-
tions that govern the amount o time you have to le a personal injury
lawsuit. In Connecticut, you may have as little as two years to le a
lawsuit arising rom an accident. There are also a number o notice
requirements that must be met within a much shorter period o time.
I you miss the deadline or a notice requirement or or fling your case, your claim
can be dismissed. Consequently, it is important to talk with us as soon aspossible ater you receive or discover an injury.
Q: What Is Negligence?
A: The critical issue in many personal injury cases is just how a reason-
able person would be expected to act in the situation that caused
the injury. A person is negligent when he or she ails to act like a
reasonable person. Whether a given person has met the reasonable
person standard is oten a matter that is decided by a jury ater the
presentation o evidence and argument at trial.
Q: What I I Cant Prove That Someones Negligence Caused
My Injury? Is There Any Other Basis For Liability Besides
Negligence?
A: Negligence is not the only theory o liability. Certain individuals
or companies may be held strictly liable or certain activities that
harm others, even i they have not acted negligently or with wrongul
intent. On the basis o strict liability, a person injured by a deectiveor unexpectedly dangerous product, or by a dog bite, or instance,
may recover compensation or the injury without showing that the
responsible party was actually negligent.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
16/198
16
Q: What Compensation Might I Receive I My Personal Injury
Lawsuit Is Successul?
A: Usually, a person who is liable or an injurywhich generally means
his or her liability insurance companymust pay an injured person
or:
Past and future medical care and related expenses
Past and future income lost because of the accident
Permanent physical disability or disgurement
Loss of family, social, and educational experiences
Emotional damages, such as stress, embarrassment, depres-
sion, or strains on amily relationships
Damaged property
You will be awarded damages, or compensation, which is
money, intended to restore you to the position you were in
beore your injury. This money is not considered income
(excluding monies paid or loss o income) and is not taxable
as income by the ederal government or state.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
17/198
17
C H a P t e r 2
Tort Law: An Overview
A tort claim is a cause o action (a case) that results rom a civil wrong
that does not involve a contract claim. Tort is derived rom the French
word or wrong, and tort law is a highly specialized and complex area
o practice.
Generally speaking, there are three types o torts:
1. Intentional Torts
An intentional tort involves an action or activity calculated to harm
or oend the victim. Examples o intentional torts include assault,
battery, alse imprisonment, intentional infiction o emotional distress,
deamation, trespass to land, and trespass to chattels (taking personal
property). In certain situations, the conduct involves not only tort law
but also criminal law.
The problem with intentional torts is that in many cases there is
no insurance coverage available to compensate the injured party or his
or her injuries. For example, i a person assaults you and causes you
serious injury, you could not successully submit a claim to that personshomeowners or automobile insurance company, as coverage would be
denied. To receive compensation, you would then have to look to the
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
18/198
18
assets or property owned by the person who committed the tort. In many
instances, the oending party will have ew, i any, assets. Thereore, you
would have little chance o collecting any money or your injuries.
You might have a strong case in which the liability or ault o the
oending party is clear, and you may have sustained signicant damages
that would make your case worth a lot o money. Nevertheless, i an
attorney is not able to collect any o these unds, there is no economic
incentive or an attorney to take the case, because no one is likely toreceive any money even i the case is successul.
It is important to consult with us to review the acts o your case
and the various potential theorieso liability that might provide or insurance
coverage, perhaps even rom a third party. For example, i a bar serves
alcohol to an intoxicated person who later starts a ght with another
patron and causes an injury to that patron, then the bar might be liable
or serving too much alcohol to the party who started the ght.
2. Negligence
Negligence is a very broad area o tort law that deals with a great
many types and causes o action. Basically, negligence involves the ailureto exercise the level o care that a reasonably prudent person would
have exercised under the same circumstances. I a person causes a motor
vehicle accident, or example, an issue that would have to be determined
is whether or not the person who caused the accident was negligent; that
is, did that person do something that a reasonably prudent person would
not have done, such as speeding or going through a red light.
Negligence involves a breach o that duty that one person owes to
another person and the damage that results rom that breach.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
19/198
19
Because the laws vary greatly rom state to state, it is important to
consult with us to determine how the specic laws o a state impact your
case. In Connecticut, or example, we ollow a modied comparative negli-
gence standard. I you are injured in Connecticut and your case has a value
o $100,000 and a jury nds you to be 40 percent at ault, you would be
awarded $60,000 (40 percent less than the total value o the case).
There are many issues involved in these kinds o cases that could
include diering standards o care, a preexisting condition, statutoryduties, age, the use o alcohol or drugs, duties, attractive nuisances, Good
Samaritan laws, insurance issues, proximate cause, and oresee-ability.
These and many other nuances make this a very complicated area o the
law.
Typical examples o negligence cases include the ollowing:
Accident Cases, All Types
Slips And Falls
Medical Malpractice
Birth Injuries
Traumatic Brain Injuries
Spinal-Cord Injuries
Wrongful Death
Premises Liability
Lead Poisoning
Defective Products
Burns
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
20/198
20
Explosions
Toxic Torts
Class Actions
A separate kind o negligence case involves medical malpractice,
which generally involves a standard o care expected o a medical proes-
sional that is not met, resulting in damages to the injured party.
Medical malpractice cases may result rom ailure to properly diag-nose a condition, surgical error, ailure to treat properly, ailure to prop-
erly monitor a condition or situation, ailure to get a patients inormed
consent, and a number o other causes.
Generally speaking, we will consult with a third-party specialist in the
same area o medicine to determine whether or not there was a departure
rom the standard o care (that is, whether malpractice was committed).
3. Strict Liability
Certain states have specic statutory provisions that make a person or
entity strictly liable or a persons injury. For example, certain states recog-
nize some or all o the ollowing strict liability torts: parents being heldstrictly liable or an act o their child; workers compensation making an
employer liable or an employees injuries; owners o pets that bite people
being held strictly liable or the pets actions; and certain cases involving
toxic torts.
I a party causes you to be injured through his or her negligence, you
are entitled to compensation or your injuries, which will entitle you to
monetary damages.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
21/198
21
Damages are supposed to compensate the injured party or a number
o losses, which could include the ollowing:
Medical Bills (Past And Future)
Out-Of-Pocket Expenses
Past Lost Wages
Future Lost Wages
Pain And Suffering
Permanent Injuries
Punitive Damages (In Extraordinary Cases)
The methods o calculating these damages and a great number oother issues involved make negligence cases an extremely complicated and
dicult area o the law.
The importance o contacting us at the earliest possible opportunity
cannot be overemphasized. Do so at the earliest possible moment.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
22/198
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
23/198
23
C H a P t e r 3
What To Do If You Are InvolvedIn A Motor Vehicle Accident
Every year, literally millions o people are injured in motor vehicle acci-
dents. Unortunately, many o those injured are unaware o their rights
or dont know what to do in such a situation.
In the event you are involved in a motor vehicle accident, it is impor-
tant or you to ollow a ew basic rules:
Stop The Vehicle and determine the nature, extent, and severity
o the damages or injuries.
Secure The Accident Site so that no other vehicles become
involved. Put on your blinkers, light a road fare, and use other
warning devices to alert others as to the potential or injury.
Check On Those Who Are Injured. Dont attempt to move
them unless there is an immediate need to do so, such as an
imminent re, explosion, or some other peril.
Obtain The Names And Addresses O All Witnesses. Gatheras much contact inormation as you can, and try to establish
whether the witnesses expect to remain at the address they have
given you or a reasonable amount o time.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
24/198
24
Contact The Police. Tell them why the other party is at ault.
Describe all injuries you or your passengers have suered,
and give your witness contact inormation to the responding
ocer.
I Your Injuries Are Signifcant Enough, you should be trans-
ported by ambulance to the nearest hospital. Dont be araid to
err on the side o caution. Some injuries may not appear until
hours or days ater the event.
You Should Immediately Begin To Keep A Diary O All
Matters that aect you as a result o your accident. Note in
detail any pain and discomort experienced, appointments with
your doctors, expenses incurred, sleepless nights, any missed
work, and any other problems you experience as a result o your
injuries. Write on the ront o your diary, Prepared or My
Attorney Which Contains Privileged Inormation.
I You Have Sustained Any Visible Injuries, you or another
person should photograph those injuries at regular intervals to
properly depict their nature and extent over time.
I Your Visible Injuries Are Serious Enough, your treating phy-
sician should also document those injuries. You should check to
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
25/198
25
see i your doctor has created a photographic record o your
injuries and, i necessary, suggest that your doctor do so.
Report The Accident To Your Automobile Insurance Carrier
i your vehicle was involved in the accident. Nevertheless, beore
speaking with either the other partys insurance company or
your own insurance company, you should contact one o our
attorneys.
I You Have Received Personal Injuries as a result o the acci-
dent, you are entitled to be compensated or your losses. These
losses typically include payments or medical bills, lost wages
(past and uture), payment or disabilities, damages or pain and
suering, and loss o enjoyment o lies activities. They may
include a claim or spousal loss o consortium.
I You Consider Pursuing A Claim against the responsible party,
it is important that you contact us immediately. In Connecticut,
there is a two-year statute o limitations on personal injury cases
involving motor vehicle accidents. In other words, you must
either settle your case or commence suit prior to the expiration
o the two-year statute o limitations. In certain situations, or
example, claims against municipalities, there is a much shorternotice provision that must be observed in order to properly pre-
serve any claim. These time requirements are strictly adhered to
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
26/198
26
by the courts, and a late ling or late or deective notice could
result in your case being dismissed by the court.
Knowing And Exercising Your Rights in an accident situa-
tion can aect your physical recovery (by reducing rustration
and stress) and your monetary recovery as well. The ollowing
chapters outline steps you can take to preserve your rights and
maximize the value o your personal injury case.
The oregoing inormation is only a brie summary o some o the basic
items that should be addressed i you are involved in an accident. Such
cases involve a great number o actors and necessitate urther instruc-
tions that should be ollowed to achieve the best possible outcome. Notknowing your rights or proceeding without the proper representation
could severely prejudice your case.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
27/198
27
C H a P t e r 4
Your Personal Injury Case
It is important to adhere to at least the ollowing steps ater you have
suered personal injuries.
Talk To No One About Your Accident
Do not talk to anyone about your accident except one o the lawyers
or representatives o our oce. Do not even talk to your own insurancecompany, or any lawyers hired by your own insurance company, without
notiying us so that we may be present i we wish. Generally, we will want
all statements to be taken in our oce. Remember, you may unknowingly
hurt your case by statements you make without our assistance.
Keep Your Doctors Inormed
You should return to each o your doctors as oten as necessary and
tell them about all o your complaints. You should not minimize your
ailments to your doctors. Your descriptions o injuries and symptoms
help them determine how to treat you, and doctors will keep records o
your complaints. It is important that you not cancel scheduled appoint-ments with your doctors, which might later be construed to mean that
you really were not in serious pain or in need o medical care. Be sure
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
28/198
28
we are advised immediately o the names and addresses o all o your
treating physicians, including specialists you may be reerred to by your
amily physician or general practitioner. Please keep a detailed list o
every appointment and the amount o every bill.
Gather Your Insurance Policies
To ensure that you obtain all coverage and benets available, we will
examine your insurance documentation, including your health insurancepolicies. It is important that you provide us with complete copies o all
insurance policies, including the declaration pages that were in eect on
the date o the accident, as well as the policy and declaration pages o
all automobile polices o any relative living with you. Additional benets
may be available to you.
Arrange For Payment O Bills
You should submit all medical bills to your motor vehicle insurance
carrier (i your policy includes medical payments coverage) and then to
your health insurance carrier. You must also send copies o allyour bills,
including prescription charges, to our oce.
Keep A Record O Complaints
Please keep a daily diary o your complaints and your progress.
Make sure that you write on the ront o your diary Prepared or My
Attorney Which Contains Privileged Inormation. Your diary should
include problems you have encountered, such as sleepless nights, inabilityto perorm certain activities, visits to the doctor, and dates on which you
have to hire help. This diary can be very useul. A year later, you will not
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
29/198
29
be able to recall your pain and diculties as vividly. This inormation
should be detailed on the Client Quarterly Report orm contained in the
appendix.
Stay In Regular Contact With Our Ofce
We will write to you at regular intervals to nd out how you are
progressing. The easiest way or us to do so is via e-mail, so please make
sure you provide us with your e-mail address, and be sure to answer allcorrespondence promptly.
Note Wages And Earnings Lost
Please keep an accurate record o all days lost rom work because o
your injuries. This inormation should be documented on the Lost Wages
and Prots orm contained in the appendix.
Retain Copies O Medical Bills
Obtain and duplicate copies o all medical, hospital, and drug bills.
Periodically, you should send these bills to us or our les. Also keep
a record o any other expenses you may incur in connection with your
injuries. Be sure to obtain and keep receipts. You should keep a list o all
your medical bills and all the costs incurred in visiting your doctor.
Deer Vehicle Repairs
I you have been injured in a motor vehicle accident, do not have
your vehicle repaired until you have taken numerous pictures o thevehicle. Please be sure to take pictures rom every conceivable angle and
rom dierent distances so that we will have a complete record detailing
damage to your vehicle. Write your last name and the date that you took
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
30/198
30
the pictures on the back o each photograph. I possible, you should also
e-mail us these pictures.
Photographic Evidence O The Severity O The Crash
I you have received any bruises on your body caused by the seat belt
or by striking part o your body against something inside the vehicle, you
should take photographs o these injuries. The photographs will be used
to demonstrate the severity o the impact.Even though there may be slight or minimal damage to your vehicle,
it is important to take many photographs o any and all damage. You
should keep all photographs and provide this oce with copies o both
the photographs and any estimates or bills you are given or the repair o
damage to the vehicle.
Preserve Records O Medications
Another very eective way o demonstrating the amount o pain you
have suered is to keep a very accurate record o all prescribed muscle
relaxers, pain medication, or other medicines taken by you to obtain any
type o relie.
Contest Trafc Oenses
Never plead guilty to any trac oense. I you are arrested in
connection with the accident, call our oce immediately. We will see that
someone represents or advises you.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
31/198
31
Witnesses
Immediately urnish us the correct names, addresses, and telephone
numbers o any and all witnesses to the accident.
Save Your Cast
I your injury requires a cast, brace, traction, or other appliance, save
it or evidence at trial. You should notiy us that you are keeping these
items, and when the case is set or hearing, you should bring them with
you.
Send Photographs
Send us prints o and, i possible, e-mail us any photographs
pertaining to your case taken by you or any o your amily or riends. Be
sure to have pictures taken o all your injuries as soon as possible aterthe accident. I you are required to remain in or report to a hospital and
are administered any treatment, such as traction or physical therapy, have
pictures taken o that as well.
Submit Hospital And Doctors Bills
Have your own automobile insurance carrier pay as many hospital
and doctors bills as possible under the payment provision o your policy.
You should also have your medical insurance, such as Blue Cross and Blue
Shield, pay as many o your bills as possible. Doctors and hospitals are
more cooperative when their bills are paid. You should not expect them
to wait to receive payment until your case is tried or settled. You should,thereore, pay any balance as soon as you can.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
32/198
32
Copy And Send Us Bills And Receipts
It is very important to provide us with copies o allyour billsand
receipts or any and all accident-related expenses.
Settlement O Claims
This oce will attempt to settle any and all claims with the insur-
ance companies prior to commencing suit. We will not be in a position
to attempt to settle any claim until such time as your treating physician
declares that you have reached maximum medical improvement and
urnishes us with a nal medical report. Naturally, we will discuss the
value o your case at that time.
Contact And Questions
We may not contact you, except as already noted, to receive updateson your condition until we have something denite to report. We will be
contacting you or depositions, or answers to interrogatories, and when
your case goes to trial, which may be many years ater your suit is led.
I you have any specic questions regarding these instructions or want to
discuss any other matters concerning your case, please eel ree to call or
write us.
Your Address
Be sure to keep us inormed o any change in your physical address,
telephone number, or e-mail address.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
33/198
33
C H a P t e r 5
Why It Is Important To Hire A Lawyer
You should be aware that studies have shown that experienced lawyers can
negotiate settlements and obtain judgments that are oten considerably
higher than what the injured parties can negotiate or themselves. In other
words, in most cases, you will do better o ater paying a lawyer than you
would i you attempted to negotiate your own settlement with insurance
company claims adjusters.
Claims Adjusters
Insurance company claims adjusters are proessional negotiators who
have extensive experience in dealing with claimants who are not repre-
sented by attorneys. These adjusters use an array o psychological tech-
niques, including intimidation and beriending you. Their methods are
designed to get you to accept the least amount o money possible or
your claim.
Claims adjusters know that i they can keep the injured party negoti-
ating, there is a very great chance that a settlement avorable to the insur-
ance company will be obtained. Claims adjusters also know that in almost
every case, injured parties will not le a lawsuit on their own because theydo not have the required level o skill, expertise, or experience. They oten
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
34/198
34
eel that their only option is to obtain some type o settlement rom the
insurance company.
In many instances, claims adjusters will discourage or dissuade injured
parties rom hiring a lawyer by telling them that lawyers ees will cost a
great deal o money, leading claimants to conclude that they shouldnt
pay a lawyer to do something they can do or themselves.
Insurance companies utilize a number o dierent types o computer
programs to analyze personal injury cases in an eort to give insuranceadjusters little, i any, discretion in negotiated settlements. This strategy
will ultimately result in lower settlements or injured parties.
In addition to the above considerations, there are many compli-
cated issues that arise in a personal injury or medical malpractice case.
These various legal issues are raught with potential problems and are
so complex that sometimes they can even be the subject o a malpractice
action against an attorney who improperly handles a case. A nonproes-
sional has little chance o navigating these depths successully without an
experienced attorneys assistance.
Statutes O Limitations
The statute o limitations is the time period specied by law within
which an action mustbe led. I you do not le within the applicable
statute o limitations period, your claim could be subject to dismissal,
preventing you rom pursuing the claim regardless o the merits o the
case.
Statute o limitations dates vary rom state to state. Some states
provide that the action be led within the applicable time period rom
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
35/198
35
the date o the injury, while other states allow or a tolling, or extension,
o the ling period rom the date o discovery o the injury.
Under certain circumstances, i the claimant is incompetent or is a
minor, some states allow or a tolling o the statute o limitations until
the claimant becomes competent or reaches their majority.
Notice Provisions
There are also certain notice provisions that have very short limita-tion periods, especially those that relate to local, state or ederal govern-
mental entities. In certain circumstances, i you do not comply with the
statutory notice provisions, you may lose the right to le your lawsuit,
even i you act within the applicable statute o limitations period.
The statute o limitations in any particular case may be somewhat
dicult to calculate, because a claim may involve dierent causes o action
against dierent deendants. Once you miscalculate when the statute has
run or ail to properly provide statutory notice, your claim may be orever
barred despite its validity or the extent o your damages.
Joint And Several Liability
The doctrine o joint and several liability holds that a number o
deendants who engaged in separate and independent acts o negligence
that combined to cause a single injury are held to be jointly and severally
liable. In other words, i one party was 1 percent at ault and the other
parties were 99 percent at ault, the party who was 1 percent at ault
could be held responsible or 100 percent o the damages suered by the
injured party.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
36/198
36
The law o joint and several liability varies rom state to state, and a
number o states have somewhat complicated variations or modications
o this rule.
Vicarious Liability
Vicarious liability concerns the ability to hold institutions or
companies liable or the acts o their nonemployee aliated personnel.
For example, in some states, a hospital may be liable or the negligence oa physician acknowledged to be an independent contractor, while in other
states; hospitals may not be liable or the acts o nonemployee members
o the medical sta.
Expert Testimony
In certain states, a plainti in a medical malpractice suit must le acerticate o good aith, or a similar document, that states that a medical
expert has reviewed the le and has determined that there is a good-aith
basis or a malpractice claim.
Threshold Limits
In some states, your injuries must exceed a minimum threshold o
seriousness beore you are allowed to le suit. Some states dene serious
injury as an injury that results in death, dismemberment, signicant
disgurement, a racture, permanent loss o use o a body unction, or
other signicant permanent disability. In other states, beore you can le
a suit, your medical bills must exceed a certain dollar gure or you mustbe out o work or a certain number o days.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
37/198
37
Damage Caps
A growing number o states place articial caps on the amount o
money an injured party is able to obtain or his or her injuries. This cap
may apply whether the claim is or an injury or a death.
Collateral Source Rule
In certain states, the negligent party is allowed to oer evidence o
certain collateral or other payments that the injured party has received,
which inormation could then be used to reduce the award that the
responsible party has to pay.
Last Clear Change
This legal principle holds that i a plainti has the last opportunity
to avoid an accident or an injury and ails to do so, that party will thenbe held solely responsible or their injuries regardless o the negligence o
the person who caused the injury.
Prejudgment Interest
Certain states allow or the court or jury to provide interest on the
award made to the plainti. The interest rates and commencement period
or the accumulation o interest vary rom state to state.
Assumption O Risk
This legal doctrine provides that a plainti who has knowingly and
voluntarily exposed himsel or hersel to a dangerous condition or situa-tion that results in an injury may not be entitled to compensation on the
grounds that the plainti has assumed the risk and agreed to accept the
consequences.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
38/198
38
Immunities
A number o states provide immunities in specic cases, generally
to governmental entities and their employees. Certain states provide or
abbreviated notice provisions, which means that you have a much shorter
period o time in which to provide a required notice to a governmental
agency or employee by way o a state agency or claims commissioner
beore a claim can be reviewed.
Doctrine O Sudden Emergency Or Unavoidable Accident
Some states hold that even though a party causes an accident and
causes injuries to another, the responsible party may not be held liable
or the resultant injuries i it is determined that an actual emergency
existed, which perilous situation was not created by the party causing the
accident, and the responsible party when conronted with the emergency,
chose a course o action that would or might have been taken by a person
o reasonable prudence in the same or similar situation.
Contributory Negligence
Certain states ollow the principle o contributory negligence, which
states that a plainti is prevented rom recovering or damages caused by
someone elses negligence i he or she contributed to or was in any way
responsible or the negligence or injury.
Comparative Negligence
Certain states ollow the principle o comparative negligence, whichstates that a plainti s damages may be reduced i the plainti is in any
way at ault or the accident or injury. In some states, i the plainti is
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
39/198
39
ound to be 50 percent at ault, no damages will be awarded. In other
states, whatever the plainti s percentage o ault is in the accident or
injury, the award will be reduced by the same percentage.
Overtreatment
Claims adjusters oten allege that the injured party was over treated
or the injuries that he or she sustained as a result o their clients negli-
gence. The adjuster may also claim that excessive tests were ordered orthat the injured party was overcharged or treatment.
This list o potentially problematic legal issues represents only some
o the matters that must be investigated beore proceeding with a claim.
I any one o these issues is overlooked or not dealt with properly, very
serious negative consequences could ensue, not the least o which could
be the dismissal o your case without any prospect o recovering anything
in the uture.
Conclusion
Although the aoresaid legal issues and principles have been discussed
in general terms it is important to consult with a lawyer at the earliest
possible opportunity to review the acts o your case so you can get
specic advice as to how to proceed.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
40/198
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
41/198
41
C H a P t e r 6
Ten Things You Can Do To ImproveThe Value Of Your Case
People oten make mistakes that can have a very negative impact upon
their serious injury case. Your actions are vitally important, and you can
help improve the value o your case by doing at least the ollowing:
1. Return To The Site O The Accident
I you have been involved in some kind o accidentwhether it is amotor vehicle accident, a slip and all accident, or an accident whereby you
received some type o injury through someone elses aultyou should
return as soon as possible to the site where you were injured (preerably
not later than the next day).
I your injuries prevent you rom returning to the accident site, you
should have someone else go there or you once you make that person
aware o exactly what happened, where it happened, and what you need
or them to do in your stead.
You want to return to the site o the injury as soon as possible in
order to identiy and locate any evidence that might assist you in the pros-
ecution o your case and to take photographs o any and all conditionsthat might have caused or contributed to your accident or that refect the
extent o the damage.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
42/198
42
Because an accident can happen so quickly, and because once it
happens, you may be in a state o shock, panic, or conusion, you may
not remember many details about the accident. People are sometimes
very surprised to learn o acts or situations that may have caused their
accident that they were not aware o at the time they were injured.
Your rst photograph should include a copy o that days daily news-
paper with the date o the paper clearly visible in the picture. This photo-
graph will ensure that you do not orget when the pictures were taken.At a motor vehicle accident site, you may be able to nd skid marks
that should be photographed. I so, measure the skid marks and record
these measurements with a magic marker on sheets o paper. Then place
the paper giving the correct measurement to one side o each skid mark
and photograph each mark. Each picture will thus show both the mark
and its length.
You might also nd that a stop sign that was supposed to be posted
at an intersection was not there, or perhaps a trac light turns green
in one direction while allowing let-hand turns in the other direction,
or maybe a trac light was not working properly. You should also take
photographs o all such items.You may nd evidence o the collision at the point o impact. It is
usually the area where dirt and broken glass remain as a result o the orce
o the collision. You should determine where that point appears to be
and photograph it. The evidence may indicate, or example, that the other
driver crossed over into your lane and caused the accident.
In the case o a all, you may be able to photograph some evidence
o a deect that caused you to all beore the deect is repaired.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
43/198
43
You should take a great many photographs rom every possible angle
so that people who are unamiliar with the accident scene will be able to
understand the physical layout o the site just by looking at your pictures.
Your pictures should answer any questions about where the accident scene
was and how it appeared.
I possible, photograph the accident site at the same time o day
as when your accident occurred, unless conditions are such that you are
unable to obtain good quality photographs (as when, or example, there isinsucient light). I you can, you should reproduce the same conditions
that were present when your accident occurred.
2. Protect And Photograph Physical Evidence
Determining who was at ault in a case can sometimes be deter-
mined by physical evidencesomething you can touch, see, or examine,
as opposed to just describing or talking about it.
Examples o physical evidence include: skid marks, to establish the
speed o the vehicles; the point o impact o the collision; damage to the
vehicles; holes in the sidewalk that caused a all; deective or broken stairs
or walkways; and damaged, ripped, or blood-stained clothing.Physical evidence can also show the extent o the damage. Photographs
o the vehicles can establish the orce o the impact; a copy o your motor
vehicle auto-body repair bill can establish the extent o the damage to
your vehicle; and torn or bloody clothing can dramatically show that your
injuries were very severe.
I your case involves a deective product, keep the product. I your
case involves an injury due to a oreign object, keep the object. I your
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
44/198
44
injury requires a cast, a brace, screws, plates, or any other appliance, save
it as evidence.
When taking pictures o physical evidence and eatures o the scene
that may have contributed to the accident, it is best to use a digital camera
or a camera that makes negatives that later can be blown up or enlarged.
Have the lm developed immediately in case certain pictures did not
come out properly and need to be retaken, or e-mail us the photographs.
The person who took the photographs should also write on the back oeach one the date on which it was taken and what the photograph depicts.
You should also keep your receipt or the development o the pictures to
urther veriy when they were taken.
3. Keep Detailed Records And Document Your Case
Document all evidence and matters related to your case so that the
inormation can be reviewed and used by us. Specically, you should at
least do the ollowing:
Keep an accurate record of all days lost from work because
o your injuries.
Obtain and duplicate copies of all medical, hospital, and drug
bills, and keep a record o all other expenses related to your
case. Always keep receipts. Keep a list o the hospitals you
have been admitted to and the doctors and other health care
providers you have seen, noting the date and costs o eachsuch visit.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
45/198
45
Keep a very accurate record of all prescription muscle relax-
ants, pain medication, or other medicines you have taken to
obtain any type o relie. This can be a very eective way o
demonstrating the amount o pain you suered.
If you have been injured in a motor vehicle accident, do not
have your vehicle repaired until you have taken numerous pic-
tures o the vehicle. Be sure to take pictures rom every con-
ceivable angle and rom dierent distances in order to show
all the damage. Write your name and the date on the back o
each photograph.
If your vehicle has been damaged, get a repair estimate. Save a
copy o the estimate to help establish the collisions severity.
If you have received any bruises about your body, you should
take photographs o these injuries so that these can be used to
urther demonstrate the severity o the impact.
4. Write A Narrative O The Accident
Be sure to write a detailed description o exactly what happened on
the day and especially at the time o the accident. This description should
include very specic inormation as to the-who, what, when, where, why,
and how o the event, i.e., any question that could possibly be asked o
you. Include in your description times, places, people, the place that you
were going to and why you were going there, how the accident occurred,what parts o your body hit what objects and what injuries you sustained,
where you were taken and what was done or you and by whom, and so
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
46/198
46
on. Make sure you write at the top o your narrative Prepared or My
Attorney Which Contains Privileged Inormation.
5. Locate Witnesses
A witness to your accident can be an invaluable resource to urther
explain what happened and who was at ault. Witnessesideally, disin-
terested third partiesmay be able to describe things you did not see or
provide inormation supporting your story.Witnesses sometimes hear responsible parties make statements
directly ater the accident, at a heightened level o excitement that he or
she would not have made later, ater refection or in a calmer moment.
Examples o such excited utterances could include the ollowing: Oh,
it was my ault, I meant to repair those stairs, or I just wasnt paying
attention.
As soon as possible, get the names, addresses, and phone numbers o
all witnesses to the incident or accident. You should also take notes as to
what each witness told you or what they would be willing to oer in the
way o testimony.
It is important that these witnesses be contacted as soon as possible.The longer you wait, the less a witness may remember. This could aect
both their credibility and their willingness to give us a statement. Another
concern is that it might be much more dicult or us to locate a witness
i too much time has elapsed.
6. Do Not Give Any Statements
Do not discuss your case with anyone except us. Do not even talk to
your own insurance company or any lawyer hired by your own insurance
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
47/198
47
company without rst speaking with us. You may unwittingly hurt your
case by making statements without our assistance.
7. Do Not Delay Contacting Our Ofce
There are a number o reasons why you should contact us as soon as
possible. We will be able to counsel you regarding what you should and
should not be doing. Your case might require the assistance o a private
investigator, who will want to look into the matter as soon as possibleater the accident or incident. Evidence might need to be preserved and
statements might need to be taken. You will also want us involved at the
start o your case in order to preserve and protect any notice or statute o
limitations dates.
8. Do Not Discuss Your Case With Others
It is not a good practice to discuss your case with others, because
you could inadvertently say something harmul to another party that may
later be used against you. Additionally,you may sacrifce the attorney-client privi-
lege i you discuss your attorney-protected conversations with others.
9. Your Doctor
You should return to each o your doctors as oten as necessary and
tell them about allyour medical complaints in as much detail as possible.
You should not minimize your ailments to your doctors, as it is one o
the best ways or them to know how to treat you and because the doctors
will keep a record o your complaints.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
48/198
48
It is important that you not cancel scheduled appointments with
your doctor, because this can later be construed to mean that you were
not really in such severe pain or in need o medical care.
I you see any additional doctors, be sure to advise us immediately
o their names and addresses. You should keep a detailed list o every
appointment and the amount o each such bill.
10. Follow Your Doctors And Our Instructions
It is imperative to ollow through with any advice or instructions
that are given to you by us or by your health care proessionals. Failure to
ollow these instructions could severely jeopardize your case.
You should also be sure to provide our oce with copies o all
medical bills, prescription charges, therapy bills, your motor vehicle esti-
mate, all photographs and any other documentary evidence as soon as
possible.
I you ollow the steps in this chapter, you can avoid making costly
mistakes that could reduce the value o your case. It is important to
ollow all o the suggestions here to help us maximize the value o your
case.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
49/198
49
C H a P t e r 7
Dealing With Your Health Care Professionals InImproving The Value Of Your Personal Injury Case
When insurance companies evaluate a case, they consider your medical
care and treatment and how the injury has aected you. In order to
increase the value o your case, it is important to keep in mind the
ollowing points:
Insurance companies thoroughly examine an injured partys medical
records. It is extremely important to make sure that all o your injuries,symptoms, problems, and restrictions on activities are expressed to your
health care proessionals so that these actors are recorded in your medical
records. Today, doctors are very pressured and do not have much time
to spend with patients. Oten, they seem to be very rushed. Hence, it is
important or you to ocus on your visit beore you see your doctor.
Ideally, you will want to choose a primary care doctor who conveys a
sense o genuine concern, interest, and involvement in your medical treat-
mentsomeone who instills a sense o condence in you. Your primary
care doctor will unction as the gatekeeper who grants or blocks access
to specialists. Choosing a good primary care physician could become vital
in your ultimate recovery. Even i you are satised that you have chosena good primary care physician, i you eel you are being unjustly denied
services you need, dont be araid to request and, i necessary, ght or
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
50/198
50
them. To nd out i your doctor is board certied and that his or her
certication is up-to-date, call the American Board o Medical Specialties
at 866-ASK-ABMS and inquire about your doctors status.
Although a physical examination and various tests will ollow, the
rst step in your proper care and treatment is your initial description o
your symptoms to the doctor. It is a good idea to prepare a ull and accu-
rate statement in advance o your appointment, in writing i possible,
rather than waiting to organize your thoughts when you are disrobingin the doctors oce. The added anxiety o the oce environment may
make it more dicult or you to clearly and accurately describe your
problems.
You should also be prepared to give your doctor your complete
medical history.
I you wish to minimize the amount o time you must wait to
see your doctor, you should ask or either the rst appointment in the
morning or or the rst slot ater the doctors lunch hour.
It would be helpul to tell your treating physicians about some or all
o the ollowing:
1. Tell Your Doctor About Every Pain You Are Experiencing As A
Result O Your Accident
Do you experience a sharp pain, a burning pain, a dull pain,
or an aching pain?
Is this specically dened pain limited to one body part?
Does it occur in other body parts, or does it radiate or travel
to other body parts?
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
51/198
51
How frequently do you experience these pains? How long do
you experience these pains? Are they more requent during
certain times o the day, or do they tend to occur ater certain
activities, and, i so, which ones?
2. Tell Your Doctor How These Problems Aect You
Do you spend time in bed because of the pain? If so, when,
and how oten?
Do you have to rest more frequently? If so, when, and how
oten?
Do you miss time from work? If so, how much, and when?
Do you take medication for the pain? If so, what type, and
how requently?
3. Tell Your Doctor What Activities You Now Do That Cause You
Pain Or What Activities You Can No Longer Do As A Result O
The Pain
Do you have lighter duties at work?
Do you hire someone to do the housework?
Do you avoid certain sporting activities that you used to par-
ticipate in? I so, what activities?
Do you avoid certain hobbies that you used to enjoy doing?
I so, which ones?
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
52/198
52
4. Tell Your Doctor About All Forms O Home Health Activities
And Aids You Now Require Or Use To Relieve Your Symptoms
Are you exercising at home pursuant to the instructions of a
health care proessional?
Are you using hot packs or ice?
Did you buy or use heating pads, creams, or other items?
5. Whenever Possible, Do Not Allow Large Gaps In Treatment
If your doctor wants to see you in two weeks, make sure you
keep that appointment.
If your doctor tells you to come back when you are in pain, be
sure to ollow these instructions. Make an appointment to see
your doctor again rather than bear the pain stoically. I youcannot make an appointment, at least call your doctor so your
complaints can be recorded.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
53/198
53
C H a P t e r 8
Getting The Best From Your Health Care Professionals
When you are a patient with a serious injury, condition, or other health
care challenge, there are many things you can do to get the best care rom
your medical providers. What you must remember is that you are the
captain o your health care team, and, ultimately, it is you who makes the
decisions that aect your care and treatment.
You Are In Charge O Your Health Care Team
Beore every doctors appointment, you should write down, in the
order o importance, all o your concerns, questions, and medical prob-
lems. I your doctor interrupts you, be sure you return to your list o
problems and concerns. Make sure you get answers to all o your ques-tions beore your examination is over.
Taking Charge. Want Answers? Ask Questions!
I you have questionsand, yes, you should have manyask them
o your doctors, nurses, therapists, and other health care providers. Dont
be timid or shy. You are the one who is most concerned about your health
care, so be sure to ask questionsand lots o them.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
54/198
54
When It Comes To Your Health, There Is No Such Thing As A
Dumb Question.
In act, its a good idea to start a health care notebook to keep a
record o your visits, symptoms, side eects, pain, complaints, and all
the medicines you take, your questions, and the answers you receive. Plan
to ask questions about your current condition and what to expect about
your uture care. Dont be araid to ask, Why? Make sure you write at
the top o your health care notebook Prepared or my Attorney which
contains Privileged Inormation.
Bring your notebook to all o your appointments so that you wont
orget anything. Write down all the answers the doctor or other people
give you. Dont eel rushed. This is the time to get the answers you need.
I you do not have time to write down all o the inormation during
the appointment, make sure you make notes immediately aterward
preerably in the waiting room o the health care proessionals oce,
while the inormation is still resh and clear in your mind. There is a lot
to keep track o, so keep a thorough written record o everything.
It you do not understand something, say so. Doctors are oten in a
hurry, but it is part o their job to listen to you and give you all the inor-
mation that you need. Your doctor wants you to understand everything so
that you can do your part and actively participate in getting well.
I You Still Dont Understand Something, Keep Asking Questions.
Do Not Be Intimidated By Your Doctor
Make a list o what you need to talk about and stick to it. Youshould always maintain eye contact when talking with your doctor. This
will show that you are very serious about participating in your care and
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
55/198
55
treatment. Do not let the doctor avoid answering your questions or make
insensitive comments that go unchallenged.
Tell Your Doctor Everything
Be honest and detailed. Do not tell the doctor what you think you
should say or say you are doing better than you really are. You should
be completely honest about everything you are eeling, experiencing, and
thinking. Talk about your current condition- what is changing, what isbetter, what is worse, and how you are progressing. Tell the doctor about
other conditions you experience, what times o the day the symptoms
occur, what activities cause you the most discomort, and discuss all
the medicines you are taking. I you think a medicine may be causing
a problem, mention it. I you eel things are not progressing quickly
enough, say so!
Be completely honest about your health habits. I you miss taking
your medicine, say so. Tell your doctor exactly how much and how oten
you smoke, drink, exercise, and what you eat. Tell your doctor i you
have been depressed or anxious. Your doctor can only provide you with
the best treatmenttreatment developed especially or youi yourcomplete medical history is known.
Tell Your Doctor I You Are Unhappy With Your Medical Care
People will oten keep negative comments to themselves, earing that
complaints will create a bad doctor-patient relationship. In act, most
doctors respect open and honest communication and communicative
patients oten receive better health care.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
56/198
56
Keep All Your Health Care Proessionals Inormed
Tell each health care proessional about the other health care
providers you are seeing, what they are doing or you, and what they are
telling you. Whether you are receiving acupuncture, physical therapy, or
another treatment, each provider on your team needs to know the big
picture in order to provide you with the best care. You are the only person
who knows everything that is going on, so you should keep everyone on
the team inormed about your complete medical situation.
Network With Others Similarly Situated
Whatever your injury, condition, or situation, a national nonprot
health organization is generally available to help people like you. These
organizations can oer a wide range o support and helpul advice
rom people who know exactly what you are going through. They can
educate you about the latest news and research and have toll-ree phone
numbers, Web sites, newsletters, and sometimes even local support chap-
ters that can help you. Ask your providers about an organization or you,
or do some research on the Internet.
Educate Yoursel Completely
An inormed and knowledgeable patient will get better treatment.
The more you know about your situation, the dierent tests and treat-
ments that are used or your condition, and the typical symptoms and
how they can be expected to change over time, the more you can be an
active part o your health care team. When a health care provider dealswith an educated and inormed patient, the quality o their care and
attention is likely to improve.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
57/198
57
Take Someone With You To Your Appointments
There is strength in numbers. Sometimes, it is hard to keep track o
all the advice you get, the instructions you are given, and what you need
to do to ollow up. Bring a amily member or a riend along with you to
your medical appointments to assist you. This can make you eel more
comortable and more condent and help you to have a more inormed
conversation with your doctor or other health care provider. Your amily
member or riend can also help you take notes, ollow through on yourdoctors advice, and manage your care once you leave the oce or the
hospital.
Second Opinions Make A Lot O Sense
It is standard practice in the world o medicine to seek a second
opinion. When you have a serious condition or injury and are told that
you need a test or certain treatmentespecially surgeryit is a good idea
to get a second opinion rom another doctor. Find out i your insurance
plan covers a second opinion. Your doctor should understand this and
should not be oended when you say you plan to seek another opinion.
Here are some polite ways you can use to arrange or a second opinion.
If You Are Told You Need Surgeryor a complex test or treat-
ment, tell your doctor or the oce sta that you must rst
check with your health insurance carrier to see i it is com-
pletely covered.
Call Your Health Insurance Carrierto determine i the pro-
cedure itsel will be approved and i a second opinion is cov-
eredor required. I so, ask the health plan representative or
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
58/198
58
a list o other providers whose services the plan will cover or
your second opinion. Be sure to write down the name o the
person you spoke to, the date and the details o the conversa-
tion in your health care notebook in case you have a problem
later.
To Find Other Health Care Providers, ask riends and rela-
tives i they know o doctors who have treated others with
your injury or condition. You can also call a local doctor-reer-
ral service or contact your state medical society. (The number
can be ound in the white pages o the phone book.)
When You Call To Make The Appointment With The
Second Doctor, tell the oce sta that you are seeking asecond opinion. Depending on your condition, you will be
asked to bring certain medical records, which you will need
to get rom your current doctors oce sta. Do not be shy
about requesting these records.
Once You Get A Second Opinion, compare the two ndings.Ask questions o the second doctor about the dierences in
opinions. Remember to bring your riend or a amily member
with you to this very important meeting. Again, write down
everything that is said in your healthcare notebook. When you
next visit with the rst doctor, you should again ask ques-
tions about the dierent opinions, making sure you under-
stand everything and then make an inormed decision about
what to do.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
59/198
59
Take Charge O Your Health Care Team
Keep in mind that your health care team is there to help you and
that ultimately you make the decisions regarding your care and treatment.
That means you need to let everyone on the team know what is working
or you and what is troubling you. Talk to each one o them openly and
cordially.
I you are not comortable with someone and eel that you cannottalk to that person about your health care needsor you are not getting
the care and attention you deserveyou are better o making a change,
no matter how dicult it may seem to do so.
Its Your Health . . . You Need To Be In Charge
I you have an injury or a medical condition that requires you tosee doctors and other health care providers, you have a compelling need
to manage your own health care team. You must take responsibility
or ollowing the instructions you and your providers have worked out
together. Step up! Ask questions! Educate yoursel! Tell your medical
providers everything, and keep everyone on your team connected. You
will improve your care and accelerate your medical treatment and ultimate
recovery.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
60/198
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
61/198
61
C H a P t e r 9
What Insurance Companies Dont Want You To Know
Many insurance companies currently use a computer sotware program
called Colossus to evaluate the value o personal injury claims. How
Colossus works is a mystery to the general public. Neither the insurance
companies nor the developer o Colossus will divulge exactly how they
determine their baseline values.
Essentially, this program is a database that evaluates claims based on
inormation entered by the insurance adjuster. Thereore, the evaluations
can only be as good as the inormation that the adjuster enters into the
program.
By utilizing Colossus, most insurance companies will try to arti-
cially lower the value o your claim by plugging in such things as damage
to your vehicle, expected length o treatment, expected cost o treatment,
and a number o other objective variables beore determining a value.
The Colossus program will not take into account such actors as
the extent o your pain and suering, the duration o your pain and
suering, how your injuries aect your ability to work and carry on
your normal lies activities, your inability to perorm certain activities,
emotional stress and trauma, how this has aected your relationship with
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
62/198
62
your spouse (loss o consortium), or any number o other actors that a
jury would consider.
Perhaps the biggest problem with Colossus is that the insurance
adjuster assigned to handle your claim is usually locked into the settle-
ment gure that the program generates. Insurance companies will deny
this and will tell anyone who will listen that the program is nothing more
than an evaluation tool. The insurance industry claims that the settle-
ment gure generated by Colossus is merely a starting point rom whichthe adjuster can go up i additional acts and circumstances warrant it.
This representation is not true: the adjuster has little, i any, room or
movement.
Colossus is a well-kept secret o the insurance industry. It is the
leading bodily injury claims adjusting sotware in the world and is being
used by an increasingly large number o insurance companies. According
to Computer Sciences Corporation, the company that produces Colossus,
the sotware is used by thirteen o the top twenty U.S. property and
casualty insurers to minimize variance on similar bodily injury claims. A
ormer Farmers Insurance employee who let the company to consult or
plaintis lawyers estimates that insurance companies are saving rom1
5percent to 30 percent on injury claims payouts by using Colossus.
Thereore, in order to increase the value o your case, when dealing
with an adjuster who is relying on Colossus, you should consider the
ollowing:
The single most important thing you can do to increase thevalue o your case is to make sure all o your injuries, com-
plaints, problems, preexisting conditions, pain, depression,
anxiety, lost time rom work, loss o lies activities, and other
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
63/198
63
relevant inormation are expressed to your doctors so that all
inormation is recorded in your medical records.
Be specic in describing your injuries. As a general rule, the
more specic you can be the better. I you cannot perorm
certain activities, tell your doctor. I you continue to go to
work but experience pain, tell your doctor about this as well.
Gaps in treatment will reduce the value of your case, so besure to ollow up with your doctors on a regular basis. I
you do have any interruptions in treatment, be sure you can
explain the reasons or these gaps.
Colossus generally opposes alternative medical treatments,
such as acupuncture. I you do seek alternative treatment,make sure that you do so with a doctors reerral.
Colossus typically values treatment according to time ranges
such as one to three months, three months to six months, six
months to nine months, and so on. This means that thirty-
one days o physical therapy would make a case worth morethan thirty days o physical therapy.
Colossus has other yardsticks for assigning values to the length
o treatment. For example, or the rst three months, physi-
cal therapy visits might be valued at $100 per visit, but in the
ourth month, they might be valued at $40 per visit, and bythe sixth month, the amount might go down to $10 per visit.
I you visit a medical doctor between the third and ourth
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
64/198
64
month, then Colossus might bump the value back up to $100
per visit or the next ninety days.
Wearing a seat belt helps the value of your motor vehicle acci-
dent case. I you were wearing a seat belt at the time o the
accident, be sure to tell this to your treating physician so that
it appears in your medical records.
By properly describing your injuries, complaints and problems to your
doctor and ollowing up with needed medical care you can potentially
increase the value o your case when dealing with an insurance adjuster
who utilizes the Colossus sotware program.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
65/198
65
C H a P t e r 1 0
Bolstering Your Loss Of Income Claim
One o the many elements o your personal injury claim is the amount
o income that you lose as a result o the negligence o another. The
calculation o your loss o income can be either very easy or extremely
complicated, so it is a good idea to ollow the ollowing suggestions:
Assume That The Insurance Company Is Not Going To Believe Your
Claim For Lost Wages, So Be Prepared To Prove Everything
I you are injured and you work a orty-hour week, with no over-
time, then the insurance carrier will want to see some proo rom your
employer o your salary (paystub, W-2, tax return, etc.). You should keep
a complete record o all lost wages. At the very least, you should obtain
a statement rom your employer that outlines your salary, the number o
hours you work in a week, the time that you have missed rom work, and
any other monetary losses that you have incurred.
It is a good idea to obtain other orms o documentary evidence
such as paystubs, copies o paychecks, calendars, ledgers, time cards, and
anything else that will help to establish your losses. Additionally, youwill also need some documentation rom your employer establishing how
much time you lost rom work.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
66/198
66
It would also be helpul to have a note or notation in your medical
record rom your treating physician that you could not work or any
specic time due to the injuries you sustained in the accident. It is also
important or you to report to your physician your inability to work, and
why, so that it will be become a matter o record.
Overtime, Sick Time, And Vacation Time
I your doctor indicates to you, which should be in writing, that youcannot work, you are entitled to collect monies that do not include just
your lost salary. These losses can also apply to overtime, sick time, and
any vacation time that you use. These all have a value, and you are enti-
tled to be compensated or the loss o these values because o anothers
negligence.
It is important to note that you should always ollow your doctors
instructions. I your doctor tells you to take three weeks o rom work,
then it is much easier or us to argue that the loss o income incurred
during this period o time is the responsibility o the party at ault. It is
imperative that you be as detailed as possible when telling your doctor
about the physical problems you are experiencing. It is absolutely neces-sary that the physical nature and extent o your job duties and respon-
sibilities and what is required o you at work is ully understood.
I you lose overtime or are orced to use sick time or vacation time rom
your work, you should arrange to get a letter rom your employer (we
will arrange or this ater you speak with your employer) indicating how
much overtime you lost on each day and the value o that overtime. I you
had to use sick days or vacation time, have your employer drat a letter
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
67/198
67
indicating how much sick time and vacation time you used and the value
o that time.
Trips To The Doctors
I you have returned to work but have to take time o to visit health
care proessionals, you are entitled to be compensated or any money you
lose or or the value o the vacation or sick time you have to use. Your
employer should clearly document the time you missed rom work orthese appointments. You should keep a calendar o all time missed rom
work, the reason you missed time, the hours you missed, and why you
missed this time. Make sure your employer knows that you are missing
time as a result o your accident related appointments and provide written
documentation to your employer to conrm this inormation.
Sel-Employed Persons
Unlike an employer-employee situation where the calculation o lost
income is much more straightorward, losing sel-employed income is
much more dicult to calculate. As a sel- employed businessperson, you
could be entitled to lost income, loss o earning capacity, lost prots, lost
business opportunities, and the loss o goodwill and/or the diminution
in value to your company. It is your responsibility to lessen or mitigate
your damages, to the extent possible.
Again, it is very important to be as detailed as possible in keeping
accurate records. Make sure your doctor understands your physical limi-
tations and how it aects your job so that your doctor can place this
inormation in your medical record to help support your lost income
claim.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
68/198
68
You will be asked to provide tax returns or approximately the last
three to ve years. Unortunately or many, this income history does not
adequately explain your current situation or what your uture may be. You
will also want to prepare a year-to-date nancial statement that indicates
your current nancial position. You will need to present as much evidence
and proo as possible to establish the losses you are claiming.
It is a good idea to make copies o your calendar o appointments and
get letters rom current or prospective clients or customers to provide abetter picture o lost income or loss o uture business or opportunities.
Another diculty or a sel-employed businessperson is that you are
generally doing your job and marketing or uture work at the same time.
For more complicated cases, it might be prudent or us to hire a orensic
accountant or an economist to help clariy your lost income situation.
Many times, claims o loss o income by sel-employed business-
people are speculative and dicult to prove. Because you know your
business better than anyone else, including your attorney, it is necessary
or you to provide the best possible documentation to help prove your
claim.
Commissioned Salespeople
I you are a commissioned salesperson and are out o work due to
injuries sustained in an accident, it may be very dicult to prove what
income you lost as a result o not being able to work. It would be dicult
to prove what new orders you might have received, how many new clients
or customers you would have gotten, and how much additional income
you would have had.
-
8/2/2019 The Crash Course on Personal Injury Claims in Connecticut eBook
69/198
69
You should make a copy o your day planner to show what accounts
you were working on or were scheduled to begin working on. You should
get a copy o your year-to-date commissions and make a list o all
prospects that you have in the pipeline. You should get letters rom
your employer and make a list o your current accounts and any uture
accounts that you may be working on. You could also get letters rom
your coworkers or other salespeople who can help veriy what you were
doing in the way o business.
Your Accountant
Perhaps the best type o documentation and/or proo to help estab-
lish your loss o income claim would be a detailed letter on your accoun-
tants letterhead that explains in detail your business, any seasonal changes
you experience in your income, why your business and income were on
the rise, orecasting what your income would have been and explaining in
great detail the reasons behind that calculation, and any other inorma-
tion that is relevant to explaining any loss o income or business which
you incurred or can expect to incur.
Proving Your Case
As the injured party, it is up to you and your attorney to prove your
case to either the nder o act, which can be an adjustor, arbitrator, j