The fast growing Latino community in Greater New Haven is permanently connected to the area’s essentialness and has impacted local businesses in many positive ways.
It is also rich in cultural traditions. The city has diverse influences from Puerto Rico and countries such as Mexico, the Dominican Republic, throughout Latin America and the Caribbean.
Though many Hispanics are born and raised in Connecticut and are fully bilingual, there are those who may prefer the assistance of a Spanish-speaking law firm when it comes to legal matters.
If you are considering filing a personal injury lawsuit or already in the middle of one due to an accident or negligence of another person, it may be beneficial to have a Spanish speaking attorney that can explain the legal process as well as the Connecticut state laws.
If you have been injured as a result of another person’s actions or a business’ negligence, it is important that you follow Connecticut’s strict guidelines pertaining to time limits. If your lawsuit or injury claim is not filed within 2 years of the accident, then you will lose your right to pursue a claim later on.
If your injury was due to the actions of state government employee or on public property, then you must notify the municipality or county of your intent to file a claim or lawsuit within 6 month of the accident.
Connecticut State Law adheres to a “comparative fault” rule when it comes to determining liability for injury pay-out. Comparative Fault basically means that if the victim of an accident is found to be partially to blame for the accident or injury, then the damages, or financial compensation, they receive can be reduced be the percentage they are to blame.
Because it is law, Connecticut courts are required to apply the rule in injury lawsuits that make it to trial. Insurance claims adjusters may also apply the comparative fault rule during settlement negotiations.
An example of Connecticut’s comparative fault rule:
Driver A is driving over the speed limit when they cross through an intersection. Driver B runs a red light and hits Driver A. Through police investigation, it is determined that Driver A is 10% responsible for the accident and Driver B is 90%.
The accident claim is filed and the insurance awards a total of $10,000 in damages to be paid. 10% or $1000 is then deducted from that amount due to the comparative fault rule, leaving Driver A with $9000.
“Damages”, or pay-outs for claims can have limits or caps set by law, depending the type of injury sustained. Connecticut currently does not have any laws or rules that restrict limits to the damages a person can receive. The state allows for economic damages, compensation to cover tangible costs like medical bills, therapy bills, lost wages, etc, as well as non-economic damages, such as “pain and suffering” and punitive damages in medical malpractice lawsuits.
Below are some of the more common personal injury accidents in Connecticut:
According to public record, Connecticut has seen an increase each year in the number of accidents on state roads, as well as injuries and fatalities related to these accidents. The most common reason reported for these auto accidents is driver negligence or driver distraction.
Connecticut is considered an “at-fault” state when it comes to car insurance, meaning people who are injured in an accident have 3 options to pursue compensation:
1. They can file a claim under their own car insurance plan
2. They can file a claim under the other driver’s car insurance plan
3. They can file a lawsuit in civil court
If you have been in a car accident that has totaled your vehicle and you or a loved one has sustained injuries very serious in nature, such as:
Slip and Fall Accidents fall under Premises Liability Law. If a person is on private property and slips or trips and injures themselves, it is this law which holds a property owner responsible as a result of dangerous conditions of their property.
Slip and fall accidents are considered the most common type of premises liability claims and can happen anywhere, for example: public park or sidewalk, a parking lot or grocery store. Injuries from a slip and fall can range from minor bruising to very serious injury.
Here are the 4 most common serious injuries reported as a result of a slip and fall accident:
1. Head Injury – A slip or a trip can happen so quickly that a person barely has time to react and often times can strike their head on the ground, a curb, a bench or other hard structure resulting in significant injury and possibly lifelong impairment.
2. Neck, Back or Spine Injury – Twisting in an effort to “catch yourself” from falling or landing wrong can cause extreme injury to the neck, back or spine. Bulging or herniated discs can lead to chronic pain making everyday tasks very difficult.
3. Broken Hips or Pelvic Bones - more commonly seen in elderly patients whose bones tend to be more brittle, a slip and fall can be catastrophic requiring full hip replacement surgery, chronic pain, limited future mobility and even prolonged stays in care centers or nursing home.
4. Soft Tissue Damage – Injuries to ligaments and tendons can require months of physical therapy with some patients never quite able to achieve 100% mobility
With more Americans shopping online and requesting over-night delivery or two-day delivery, there are more semi-trucks and commercial trucks on the road trying to meet those demands. Accidents involving tractor trailer or semi-trucks very rarely end well. Very serious, permanent injury and death are, unfortunately, common.
According to a 2014 report by the Federal Motor Carrier Safety Administration, 72 percent of fatal truck accidents involved tractor-trailers.
The most common contributing factors reported in tractor trailer crashes are:
Inexperienced drivers, Aggressive driving/Speeding, Driver Fatigue, Truck Defects, Unsafe Cargo, Excessive Cargo Weight, and Distract Driving
In the state of Connecticut, it is a crime to abuse or neglect an elderly person. If your loved one is in a nursing home or other medical long-term care facility and you suspect they are being mistreated, you have the right to file a legal claim against the negligent parties and facility.
Common signs that your loved one is being neglected or abuse:
Unexplained injuries, Fecal or urine odors, Missing money or possessions, Listlessness, Untreated bedsores, Burns or bruises, Behavioral changes, Poor personal hygiene, Lack of a reaction to pain, Unexplained changes in wills, Malnutrition, Sudden Weight Changes, and Begging for food or water
The Connecticut Workers Compensation Act protects employees by ensuring appropriate medical care for injuries sustained while at work, income replacement, and even providing survivor benefits to the families whose loved one lost their life while on the job.
The act provides a scheduled income to injured employee regardless of fault or negligence. It also provides an impartial system for resolving disputes over scheduled benefits in order to avoid the costs and time involved filing a lawsuit.
Since October 2015, the maximum weekly benefit for total disability and survivor benefit is $1,256.
The maximum weekly benefit for partial disability is $998. In addition, an employer is required to offer “light duties” to an employee requiring it.
While Workers’ Compensation is an encompassing safeguard for employers and employees, there are some instances when an employer has been negligent in their actions, ensuring proper safety precautions and disclosure of the types of chemicals used on property. If you have been injured on-the-job in New Haven, and you feel it due to malice or negligence, you may have the right to file lawsuit against your employer.
A workers’ compensation lawyer can determine if you have a case and help you obtain the financial compensation you deserve to cover:
Medical Benefits (medical, surgical, therapy, transportation, hospital, rehabilitation), Temporary Total Disability, Permanent Total Disability, Loss of Quality of Life, Disfigurement, Scarring and Death of a loved one.
According to a survey released by John Hopkins researchers, more that 250,000 people die in the U.S. due to medical errors each year; placing it third behind heart disease and cancer for causes of death.
When you or someone you love are ill and require medical attention, you assume that the medical care received will be safe and free from error. Whether a defective medical product, wrong dosage or conflicting prescriptions, or misdiagnosis, if you or a family member have been injured or died due to medical malpractice, you may consider seeking legal representation to protect your rights and receive the financial compensation your deserve.
Connecticut law dictates that a person inured due to suspected medical negligence has 2 years from the date of the injury to file a lawsuit.
Connecticut is one of the few states that does not have a cap, or limit, on the numbers of damages an injured patient can recover as a result of a medical malpractice lawsuit. While there are technically no limits on non-economic damages such as “pain and suffering”, the court does consider 7-firugre pay-outs under this category to be excessive.
There are, however, caps on the amount legal counsel can charge. Since most personal injury lawyers work on a contingency basis (or percentage of awarded compensation), the state of Connecticut has created a pay-table for lawyers to follow:
A personal injury lawyer may charge 1/3 of the damages up to $300,000. They may charge ¼ of the damages is the award is between $300,000 and $600,000. They may only claim 10% of an injured patient’s award if it exceeds $1.2 million.
The court requires all damages up to $200,000 to be paid in a lump sum to the injured party. Over $200,000 and the installment plan for pay-out needs to be agreed upon by both parties.
Below are some of the most common Medical Malpractice Injuries reported in Connecticut:
Anethesia Injuries, Brain Damage, Cancer Misdiagnosis, Birth Injuries, Blood Transfusion Mistakes, Doctor’s Mistakes, Elder Abuse, Emergency Room Errors, Cardiology Errors, Failure to Diagnose, Heart Attack Misdiagnosis, Hospital Malpractice, Improper Medication Errors, Leukemia Misdiagnosis, Hospital Mistakes, Hospital Negligence, Medical Negligence, Psychiatric Malpractice, Surgical Injuries, Wrongful Death, X-ray Malpractice, Radiology Malpractice, Robotic Surgery Malpractice, and Spinal Cord Injuries
Dog bites or Dog attacks can be quite severe. Injuries can range from cuts and bruises, to serious infection, disease (such as rabies) and even death.
Connecticut follows “strict liability” when it comes to dog bites, meaning the owner of a dog who bites or attacks is responsible for all financial damages related to the attack. The only exception to this is if the injured person trespassed on the owner’s property or was tormenting, teasing or otherwise abusing the animal.
If your personal injury was caused by the careless action of a company or person, you may be entitled to seek compensation through a claim. There are numerous law firms in New Haven, CT that either have Latino lawyers or provide a legal staff member who speaks Spanish and that offer a free initial consultation to evaluate your case. Need help finding one? Contact us today for assistance.