440 Main Street | Ridgefield, CT 06877

Update: CT Train Accident

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

The Bridgeport, CT train accident has injured a significant number of people that have been treated at area hospitals. We were contacted this week by at least one individual that was on the train heading from Grand Central terminal to New Haven and another individual who was on the train coming from New Haven headed to Grand Central terminal. There appears to be a lot of conflicting information about exactly what happened at this juncture.

The individual who was on the New Haven train headed to Grand Central terminal indicated that the other train had already derailed and that people were getting off of that train while her train was still in motion. She indicated that the conductor of her train was evidently unable to stop in time and at which point her train crashed into the other train. The individual who was on the Grand Central to New Haven train indicated that she felt a very violent initial impact, which was then followed by a subsequent impact.
There are conflicting reports as to exactly what happened in this CT Train Accident and we are still in the early investigative stages of this CT Train accident case. We would appreciate hearing from any witnesses or passengers who were ivolved in the CT train accident so we can get a better idea as to what happened. The official investigation will probably take a significant amount of time so we would appreciate obtaining as much information as possible to determine what happened in advance of this official report.
We can be contacted either by email which can be found at www.HCWLAW.com or by calling our toll-free number at 888-842-8466. We appreciate whatever assistance you might be able to provide to us and we hope for the speedy recovery of all of those who were injured in this CT Train Accident.

Subtle Brain Injury

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

Despite long-held beliefs, not all traumatic brain injuries result in a loss of consciousness. In fact, despite the absence of a coma or other loss of consciousness, subtle brain injuries, also known as mild TBI, can be just as debilitating with consequences that are as life-altering as those experienced with other forms of TBI.

According to the American Congress of Rehabilitation Medicine, TBI may be indicated when a coma occurs. When consciousness is maintained, TBIs may be marked by amnesia, or any alteration in mental states occurring after an accident. If you have been involved in an accident in which you sustained a brain injury, one of our attorneys can take your case and help ensure you are provided with everything you will need to recover.

Consequences of Subtle Brain Injury

As with any form of TBI, consequences of subtle brain injury may include changes in:

  • Thinking
  • Memory
  • Concentration
  • Behavior
  • Language
  • Physical sensation

Even when “mild,” a brain injury can impact every aspect of your life, interfering with your ability to work, interact with others, and perform even the most basic tasks. If you are facing the consequences of a brain injury, you deserve an attorney on your side that will fight to ensure you are taken care of and provided the full compensation your injury demands.

If you have sustained a brain injury in the Bloomfield, Bridgeport, Danbury, East Haven, Georgetown, Hamden, New Fairfield, Newtown, Ridgefield, or Stamford areas of Connecticut, please contact Hastings, Cohan & Walsh, LLP to schedule a free initial consultation with one of our personal injury attorneys today.

How Can YOU Maximize the Value of Your Connecticut Personal Injury Accident Claim?

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

After my teenage son was involved in a Connecticut car accident I was contacted by the insurance adjuster of the at fault driver. The insurance adjuster did not know that I was a CT personal injury lawyer and he began to tell me a number of different things that were completely and utterly false. I questioned him about what he told me and he assured me that the information that he was providing me was accurate. After I told him that I was a Connecticut personal injury lawyer and I advised him that the bulk of what he told me was not true, he began to backpedal and attempted to make excuses about the misrepresentations that he had made to me. This is one of a number of reasons why you should not speak with the insurance adjuster of the at fault party unless and until you first speak with an experienced Connecticut accident attorney.

Insurance companies are in the business to pay injured parties the least amount of money possible. Unfortunately, insurance adjusters are not there to help an injured party and are not interested in doing the right thing because someone has been injured as a result of the fault of their insured. Rather, they will look for ways to pay you the least amount of money possible. The insurance adjuster might advise you that you need to give a recorded statement in order to properly process your claim. This information is completely false and you should not do that until you first speak with an experienced Connecticut personal injury lawyer, who, in all likelihood will advise you not to give this recorded statement.

But what is the harm in giving a recorded statement to the insurance company so they can get going on processing your claim? The reason is that the insurance adjuster is not looking to gather information on your case so much as the adjuster is looking for ways to undermine your claim and pay you as little as possible. The adjuster will ask you questions about what happened in the accident in an effort to get you to admit that you did something wrong or could have done something to avoid the accident. For example, were you speeding, why didn’t you turn your vehicle to the right or to the left to avoid the accident, was there anything that you could have done to avoid the accident and if so, why didn’t you do it, did you tell the police officer at the accident site that you were injured and if you did not, the claim will be that you were not injured in this accident, were you taken by ambulance to the hospital and if you were not, the argument will be made that you were not really injured, what pre-existing medical problems that you have, what prior accidents were you involved in, what medical treatment did you previously received for any of the body parts which you claim have been injured in this accident, and on and on and on.

If you give a statement to the insurance company of the at fault party you could very well completely damage your case or you could end up costing yourself tens of thousands of dollars. Do not speak with the insurance adjuster until you first speak with an experienced Connecticut personal injury lawyer. Our Connecticut accident attorneys and personal injury lawyers will be happy to speak with you and provide you with free legal advice. We will tell you what to do and what not to do. You can call our toll-free number at 888-842-8466 and get this information immediately. You can also schedule a free office consultation where we will review the facts of your case with you and will provide you with very detailed information about what you need to be doing. You can also download our free accident and injury book by visiting www.HCWLAW.com. This valuable book will advise you as to what you should be doing, what you should not be doing, how to get better medical care, how to get better quicker, how to properly develop your case, and what you need to do to help your lawyer get you more money.

Do not try and represent yourself and then determine that you have made some very large mistakes and then contact a Connecticut personal injury attorney. We provide all of this information for free so there is no reason for you not to contact us immediately. You need to educate yourself to make an intelligent decision as to how you should be proceeding. Do not delay in contacting an experienced Connecticut accident lawyer. Call us today before you make a mistake that can end up costing you tens of thousands of dollars.

CONNECTICUT PERSONAL INJURY LAWYER TELLS HOW TO GET MORE MONEY FOR YOUR CASE‏

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

If you have been involved in a seriously injured in a Connecticut car accident case one of the things that you can do to help your Connecticut personal injury lawyer add value of to your case is to create a photographic record of all accident related issues.The insurance company of the at fault party will want to be provided with copies of the CT police accident report, all of your medical records, all of your medical reports, therapy bills, therapy notes, lost wage information, and information about how this accident has had an impact upon your life.

We have all heard the saying, that a picture is worth 1,000 words. This is especially true in the development of your personal injury case. It is one thing to try and explain in words what your motor vehicle looked like after the accident, what the accident scene look like, the bruises or other visible injuries that you sustained, or any one of a number of other visual problems that has resulted from this accident but it is something else to provide the insurance adjuster of the at fault party with photographs that detail the evidence of the severity of the crash, and the nature and extent of the injuries of the accident victim.

This is one of the many reasons why it is important that you involve an experienced Connecticut personal injury lawyer and accident attorney in your case at the earliest possible moment. Many of the pictures that need to be taken, that may very well increase the value of your case, should be photographed as close to the time of the accident as possible. For example, the point of impact might be apparent from the broken glass, dirt and sand that has fallen from your vehicle, or other debris that falls in the roadway. The longer you wait, the greater the chance that the accident site will change. Your injuries will also improve over time which includes your physical appearance. Therefore it is quite helpful to take photographs of your physical injuries as close to the time of the accident as possible.

We have written the book on personal injury law in the State of Connecticut. Please go to our website which is located at www.HCWLAW.com and download a free copy of our book “The Crash Course on Personal Injury Claims in Connecticut.” This comprehensive book will tell you what to do, what not to do, how to get better medical care, how to get better quicker, how to properly develop your loss of income claim, and how you can help your attorney get you more money for your case. You can also call our toll-free number at 888-842-8466 and speak with one of our experienced Connecticut personal injury lawyers and accident attorneys. We will be happy to answer your questions over the telephone or you can schedule a free, no obligation, in office consultation where we will review the facts of your case with you in detail and then advise you as to what you should be doing.

We take all personal injury cases on a contingency fee basis. In other words, you owe us know legal fees unless and until we collect money damages for you. Additionally, we will advance the cost to properly develop your case. You will also owe us no costs unless and until we recover money damages for you. If there is no recovery, then you will owe us know legal fees and no cost. We assume all of the financial risk so you can concentrate on getting better. Don’t make a mistake in trying to handle your own case as it may end up costing you tens of thousands of dollars. Don’t delay get this very valuable information today. Don’t harm your CT accident case by proceeding without the advice of experienced Connecticut personal injury lawyer.

Middlebury CT Car Accident in Sends Three to the Hospital

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

Three individuals were transported to the hospital with non-life threatening injuries after an Middlebury CT car accident.

Preliminary investigation has revealed that a Middlebury woman made a left hand turn into the parking lot and may have pulled out in front of the other car.

The driver’s side door had to be cut off of her vehicle so that emergency response crews could get to the driver, a 53-year-old Middlebury woman.

The occupants of the vehicle were a 48-year-old Middletown woman and a 29-year-old Colchester man.

 

read more: http://woodbury-middlebury.patch.com/articles/car-accident-sends-three-to-hospital

 

Wrongful Birth: Medical Malpractice or Procedural Occurrence? A Controversial Decision in a Very Rare Type of Case

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

This week, the court of public opinion weighed in on a controversial decision in a wrongful birth case, which was delivered by a Portland, OR jury that awarded the parents of a girl who was born with Down’s syndrome the sum of $2.9 million. The parents of the now 4-year-old girl originally went to their doctor to determine if their 13-week-old baby had any chromosomal problems and were told there were none.  Their daughter was later born with Down’s syndrome.

The jury found five instances of medical malpractice including a doctor’s finding that the baby had no chromosomal problems based upon the results of a test that was improperly performed and analyzed incorrectly. The parents were awarded damages in their wrongful birth lawsuit because they argued that they chose to continue with their pregnancy based upon what their doctors had advised them.  They also claimed that they would have terminated the pregnancy if they had been advised that their baby had Down’s syndrome.

Wrongful birth cases are extremely rare nationwide because, in cases such as this, prenatal testing for determining this condition are 99.7% accurate and few parents are willing to undergo the ordeal of a trial. A number of studies have shown that approximately nine out of ten women who learn they will give birth to a Down’s syndrome child will choose to terminate their pregnancy.

The parents’ medical malpractice case alleges that their doctor tested tissue samples and concluded that their baby did not have any chromosomal problems despite the fact that later tests suggested the baby did have Down’s syndrome.  Their doctors, despite the suggestions of Down’s, assured the parents that nothing was wrong.

The parents sued for $7 million, which was alleged to be the lifetime cost of care for their daughter.

The parents’ position is that they went to a doctor to have certain testing performed to allow them to make a decision as to their future plans. If medical malpractice had not been present in this case, they would have opted to terminate the pregnancy.  Due to the medical malpractice, they have a daughter who suffers from a medical condition that the physician told them she did not have, which will result in significant lifetime care costs.

This article is meant to report the facts of this case and in no way sets forth a moral judgment regarding either side of it.  This article is not intended to open this forum up to a debate on Pro Choice v. Right to Life viewpoints.

Given the foregoing caveat, what do you think?

Jury Verdict Research in CT Personal Injury and Accident Cases

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

The jury system provides that you are able to present your case to “your peers” who then pass judgment on the issue(s) presented to them.  One thing is certain with the jury system and that is you never know what a jury is going to decide in  CT Personal Injury and Accident Cases.  As one senior judge once remarked, the jury system is the largest floating crap game on the planet.

Therefore when it comes to CT Personal Injury and Accident Cases, plaintiffs need to be careful regarding how much money they request from a jury and which requests yield higher awards.

In one study, a plaintiffs’ attorney made a request from different groups of jurors of $750,000, $1,500,000 or $5,000,000 for a case that was evaluated, absent a request, as being worth $250,000.00.  In all cases, the jurors awarded less than the plaintiffs’ attorney requested, but the larger the request for damages was made, the larger the award from the jury was given.

Another study attempted to determine if the plaintiffs’ request could be perceived to be so high that it would reduce the award when compared to the lesser extreme.

In this second study, the plaintiffs’ attorney requested, from a different jury, the sum of $1,500,000, $15,000,000 and $25,000,000 for the case that had been evaluated at $250,000.

Interestingly, these jurors awarded almost three times more in damages in response to the $15,000,000 request. However, the $25,000,000 request provided an award of only two thirds of the award for the $15,000,000 request but that was still two and a half times larger than the $1,500,000 request.

The two lines of thought that come out of this research are:  the more you request from the jury the more you will get; and be careful what you ask the jury to award you. Although a imperfect system, it still provides one of the best time tested ways of seeking redress for your injuries absent a negotiated settlement.

Download our FREE book to get more of your questions relating to CT Personal Injury and Accident Cases answered.

Putting the Brakes on Holiday Accidents and Injuries: Understanding and Avoiding The Common Causes of Holiday Accidents

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

As we gather with family and friends this holiday season we should be mindful of the fact that this time of the year is the worst season for accidents. We all want to spend time with those we care for but want to be as safe as possible so it would be helpful to review some of the most common causes of holiday accidents and review how we can avoid these injuries.

Ironically, holiday parties are one of the biggest causes of motor vehicle accidents at this time of the year. Far too often free flowing alcohol and excessive consumption can combine to result in a recipe for disaster. As a party host we have a legal responsibility to make sure that those who overindulge do not drive off from our parties while intoxicated. If you are hosting a holiday party you must be vigilant in monitoring your party guests and insure their safety and those who are on the road by making sure that they do not leave your party intoxicated and get behind the wheel of a motor vehicle.

Holiday decorations are also a cause of a number of deaths and injuries. The Consumer Products Safety Commission reports that holiday decorating accidents result in over 1,200 people going to the hospital each year. Many people try and outdo their neighbors in home decorating. Climbing up on ladders and going up on the roof are two common tasks that sometimes result in falls that cause serious injury or death. Another decorating activity that causes injury is the plugging in of endless strings of lights in extension cords that are over loaded or are not water proof which are placed outside or in using indoor lights outside both of which can either shock someone or start a fire.

Another thing that we often do during the holiday season is to burn candles as a way of adding ambiance to our homes. Scented candles can add a nice aroma and produce pleasant lighting that make our homes seem more warm and inviting. Unfortunately,  candle related house fires are a common mishap during this time of the year and claim 166 lives, cause more than 12,000 injuries and cost almost a half a billion dollars in property damage. Therefore it is important that you not leave burning candles unattended, keep them away from flammable items, make sure they are on stable, heat resistant surfaces, make sure they are blown out before retiring for the night and have a functioning fire extinguisher in your home.

Many holiday plants including holly berries, mistletoe and Christmas cactus are poisonous if swallowed so be sure to keep them away from pets and small children. Additionally, poinsettias can also make humans and pets seriously ill so be sure to keep them in a less accessible place.

Lastly, when families gather we often gravitate, at some point, to outdoor winter activities such as sledding, skiing, skating and hiking. Slip and falls, collisions and other traumatic accidents occur which result in head injuries and broken bones. Make sure that you wear safety protection, watch for others and be careful while on slippery or other dangerous surfaces.

Be careful and have a safe and joyous holiday season!

CT Snow and Ice Accident and Injury Cases

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

If you have been hospitalized as a result of an accident that occurred as a result of snow and ice either in a car or because you slipped and fell then you need immediate legal representation. Snow and ice cases present unique fact patterns and situations that require immediate investigation. What was the cause of your slip and fall? What caused the other car to skid out of control? How long was this condition present? What notice did the at fault party have of this condition? Had this happened before at or near the same location? What was the weather like before this accident? What other parties could be liable? These and other issues need to be investigated.

In Connecticut, winter weather mean lots of snow and ice, including black ice, that creates problems for people driving on the roads, walking on sidewalks or in parking lots, shopping at stores, visiting businesses, going to see friends or relatives and trying to move about outdoors. Snow and ice conditions can create dangerous situations for pedestrians who are injured in slip-and-fall accidents or for motorists who are injured in motor vehicle accidents. Property owners and those that have the care, custody and control of a property have a responsibility to reasonably protect those that are on their property and may be held liable for the injuries and damages that result from an accident that occurs on snow or ice due to their substandard care or negligence. In certain cases, the contractor who was responsible for removing the snow and ice hazard may also be held liable for an injured party’s damages resulting from their negligence. Our firm has decades of experience in representing people who have been injured in snow and ice accidents as well as other types of premises liability and other accidents. We know how to determine who is responsible for your injuries and how to get you compensated for your losses.

One of the issues that might come up in your CT  snow and ice case is foreseeable risk. The CT jury instructions state as follows:

To prove that an injury is a reasonably foreseeable consequence of negligent
conduct, a plaintiff need not prove that the defendant actually foresaw or
should have foreseen the extent of the harm suffered or the manner in which
it occurred. Instead, the plaintiff must prove that it is a harm of the
same general nature as that which a reasonably prudent person in the
defendant’s position should have anticipated, in view of what the defendant
knew or should have known at the time of the negligent conduct.

It is important to keep in mind that insurance companies have a team of experts working hard looking for ways to pay you the least amount of money possible for your case. You can help them in paying you as little money as possible every time you speak to the insurance company or insurance adjuster. You have to realize that the insurance company representative is not your friend and is not looking to help you. Their job is to save the insurance company money. So do not speak with them and do not agree to give a recorded statement but instead. Don’t forget that anything you say can and will be used against you.  So before you hire an attorney, speak to an insurance company representative or sign anything get a copy of our FREE book “The Crash Course on Personal Injury Claims” or call us right away and speak to one of our lawyers at (888) CT-LAW 00.

What You NEED To Do in the Case of a Hartford, CT Wrongful Death of Your Loved One

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

An accident or injury case in Hartford, Connecticut resulting in the death of an individual can be devastating to the family of the innocent victim. Any CT Wrongful Death Case must be investigated immediately so the rights of the survivors are protected. You need an experienced wrongful death lawyer to help you through this most difficult time. Find out what you need to be doing right away. Contact us today.

The first thing you must establish and/or prove in any CT Wrongful Death Case  is who is at fault. Liability or fault can be proven by showing a violation of common law, which is decided by Appellate Court and Supreme Court Justices [in cases of first impression a lower court decision might be looked at, but is not controlling to other Superior (lower) court judges.] Another way to establish or prove liability is to show a violation of statutory law or the Connecticut General Statutes. There are a number of statutes that deal with motor vehicle law. You might be able to establish liability is you showed that the defendant violated Connecticut General Statute Section  14-222a which states:

Sec. 14-222a. Negligent homicide with a motor vehicle or commercial motor vehicle. (a) Except as provided in subsection (b) of this section, any person who, in consequence of the negligent operation of a motor vehicle, causes the death of another person shall be fined not more than one thousand dollars or imprisoned not more than six months or both.

(b) Any person who, in consequence of the negligent operation of a commercial motor vehicle, causes the death of another person shall be fined not more than two thousand five hundred dollars or imprisoned not more than six months, or both.

Do not retain an attorney, say anything to anyone from the insurance company or sign any type of documents until you read a copy of our FREE book “The Crash Course on Personal Injury Cases in Connecticut”. A wrongful death case must be investigated immediately.

Learn what you need to do and how a CT Wrongful Death Case  is developed and put together. Learn how cases are evaluated and what insurance adjusters look for before making offers of money to the estate of the deceased party. Call us at (888) 842-8466, visit us at www.hcwlaw.com and tell us about the facts of the case. We’ll call you and answer your questions. Get the answers you need today!