March 23, 2017

Legal News You Can Use: Protect Your Most Precious Cargo

As the seasons change and we transition from winter to spring, many of us also experience a change in our daily lives and schedules.  The days get longer, and children begin outdoor activities. As these inevitable changes occur, the need for parents to transport their children sometimes becomes more frequent.  This being the case, it is imperative for parents to be aware of and to employ proper car safety practices while transporting their children.

According to the Centers for Disease Control and Prevention (CDC), in the United States during 2014, 602 children ages 12 and younger died as occupants in motor vehicle accidents,  making car accidents one of leading causes of death for children under 12-years-old.  CDC studies also revealed that in 2014, more than 121,350 children under 12 year of age suffered injuries while occupants in cars involved in accidents.

In order to lessen these disturbing statistics, the CDC recommends the following to parents while driving with their young children:

  • Use proper car seats, booster seats and seat belts in the back seat on every trip. Which option is appropriate will depend on the child’s age, weight and height;
  • Use a rear-facing car seat for children under 2 years of age;
  • Use forward-facing car seats for children ages 2 through 5;
  • Use booster seats from age 5 until the seat belt fits properly. Seat belts should fit so that the lap belt lays across the upper thighs and the shoulder belt lays across the chest;
  • Never sit a child in front of an airbag. Children should ride in the back seat of the car, preferably in the back middle seat as that is the safest place in the car.
  • Use the proper restraint system on every trip, no matter how long;
  • Install and use car seats according to the owner’s manual or get help with installation from a certified Child Passenger Safety Technician;
  • If purchasing or using a pre-owned car seat, be sure to research the make and model to check for any recalls and if necessary contact the manufacturer to obtain an owner’s manual for proper installation and maintenance instructions.
  • Set a good example for children and always wear a seatbelt.

Aside from the important safety concerns discussed above, parents can face further consequences for failing to employ proper car safety practices with children.  Connecticut law not only requires all drivers to wear seatbelts, it also requires them to ensure that any occupant of their vehicle under 16 years of age wears a seat belt.  Connecticut law also requires children less than 6 years of age and under 60 pounds to ride in a proper safety seat.  Infants less than 1 year of age and under 20 pounds must ride in a rear-facing child seat at all times.  Drivers who fail to abide by these laws can face punishment including fines.

Apart from potential criminal liability, the failure to properly secure your child can affect their ability to recover civil damages for injuries they suffer as a result of a motor vehicle accident.  Such failures can be viewed as contributing causes of injuries and negate or decrease a civil settlement or verdict.

Injuries to children are some of the most difficult and emotional cases with which Suisman Shapiro deals.  We implore parents and guardians to educate themselves on and employ proper car safety practices for children.  Unfortunately, even when all proper safety steps are taken, accidents and injuries still occur.

If you or your child is injured in a car accident or due to the fault of another person, our law firm is here to help you.  Contact Suisman Shapiro today online or by telephone to arrange a free initial consultation with an experienced personal injury lawyer.

SPONSORED POST

About the Author: Roger Scully is an associate attorney at Suisman Shapiro in New London, CT, the largest law firm in eastern Connecticut. His practice focuses on civil and personal injury litigation and criminal defense. Attorney Scully has extensive jury trial experience. Prior to joining Suisman Shapiro, he served as Assistant District Attorney for the Norfolk County District Attorney’s Office, representing the Commonwealth of Massachusetts in a diverse range of criminal matters. To contact Roger Scully visit www.suismanshapiro.com or call 860-442-4416. Suisman Shapiro is located at 2 Union Plaza, P.O. Box 1591, New London, CT 06320.

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Legal News You Can Use: Workers’ Compensation: How it Works

hph-workers-compensation-insurance-compressed
Sponsored Post:
The day begins like almost any other. You arrive at the workplace, spend a few moments interacting with your co-workers and begin the daily task. Maybe it’s a job that you’ve done a thousand times, or perhaps the demands of that day result in your performing an assignment for the first time. And then “it” happens ~ you feel a twinge in your back or shoulder; there is an ache in your hands that doesn’t subside; or there is an exposure to a substance that is foreign to you. What do you do then?

The origin of Workers’ Compensation
 in Connecticut dates over a century, the original Act becoming part of the Law in 1913. As the result of a “Contract of Employment” (whether written or implicit) with the employer, he/she/the business will cover medical benefits and lost wages for an employee who suffers an injury out of and in the course and scope of their employment. There are, essentially, three different types of injuries covered in Workers’ Compensation. They are:

(1) Accidental injuries. These are injuries that can be located in time and space; e.g., the lifting of heavy equipment, which results in an Employee screaming in pain.

(2) Repetitive trauma injuries. These are claims that arise not from one injurious situation, but are cumulative over time. Examples would include repetitive computer work with one’s hands, or kneeling on steel every day for years.

(3) Occupational disease/exposure. These injuries are those where there is a clear link between the workplace and substances to which the individual is exposed; e.g., asbestos in a shipyard; a dental hygienist contracting Hepatitis.

When an employee has sustained, or has reason to believe they have sustained, an injury related to their employment, what are the next steps?

(1) Report the injury. In accidental injuries and repetitive trauma claims, there is a one year Statute of Limitations for reporting of the injury. In Occupational Disease claims, the general rule is that the injury needs to 
be reported within three years of when the employee knew, or should have known, of the connection between the occupational exposures and the medical condition alleged.

The better approach is to report the injury to your employer at the first opportunity, or when you have reason to believe there is a connection between work activities and your injury. Employers and insurance carriers become increasingly skeptical about the validity of an injury claim when there is a delay in reporting an injury.

(2) Obtain medical treatment. Any significant injury requires treatment from a medical provider. Even if you have to use your own insurance at an initial appointment, treatment and opinions on causal connection should be obtained. Insurance companies can sort out the issues at a later date. Again, employers and insurance carriers are more likely to be skeptical about an injury if there is a significant delay in obtaining medical treatment.

(3) File notice of the injury. In Connecticut, the Form 30-C is the vehicle to place employers and their carriers on notice that an individual has suffered an injury or illness related to their employment. The Form 30-C should be sent via Certified Mail and is the ultimate protection for an injured worker. Also, note that Connecticut General Statutes Section 31-290a protects the injured worker from retaliatory actions or discrimination by an employer for asserting their rights to Workers’ Compensation benefits.

Now that the claim has been properly filed, what benefits are obtainable for the injured worker? Clearly, medical treatment is paid for by the employer or insurance carrier with no deductible for the injured worker. Other “indemnity” benefits may also be appropriate, including:

(1) Temporary total disability benefits. If an injury results in lost time from work, a weekly (or bi-weekly) monetary payment, based upon earnings in the preceding 52 weeks, is payable to the injured worker until they are able to return to their job, or some other work within their restrictions.

(2) Permanent partial disability benefits.  
If an injury results in permanent impairment to a body part; e.g., following a surgery, the injured worker is entitled to obtain a “rating” for their loss of use from their Attending Physician. Additional benefits
 are payable pursuant to Connecticut General Statutes Section 31-308b. In certain, specified situations, an injured worker may also be entitled to a disfigurement award, depending on the site of the injury.

(3) Wage loss benefits. If, as the result of
 a work-related injury, the injured worker is capable of work, but cannot perform the same job and there is a resulting loss of income, the injured worker is eligible for a period of wage loss. This, too, is controlled by the Connecticut General Statutes, and appears at Connecticut General Statutes Section 31-308a.

(4) Death benefits. Where an injury results in the death of the injured worker, benefits are payable to the surviving spouse and/or other dependents of the decedent.

Being pro-active in reporting an injury and obtaining medical care will be beneficial to any injured worker.

This article represents an overview of the Workers’ Compensation System. While the System was designed to be user-friendly, complexities often arise which may dictate hiring a Lawyer.

Attorney James P. Berryman

Attorney James P. Berryman

About the author: Jay Berryman is a Director at Suisman Shapiro Attorneys at Law in New London, CT, the largest law firm in eastern Connecticut. He concentrates in Workers’ Compensation Law and Social Security Disability claims. Attorney Berryman was named by “Bench- mark Plaintiff” magazine as a Local Litigation Star, and his department at Suisman Shapiro was selected by the 2013-15 editions of U.S. News – Best Lawyers® “Best Law Firms” among all law firms in Connecticut for Workers’ Compensation – Claimants.

For more information, visit www.suismanshapiro.com or call (860) 442-4416. Suisman Shapiro is located at 2 Union Plaza, P.O. Box 1591, New London, CT 06320.

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Legal News You Can Use: What Parents of Teens and Tweens Should Know About Social Media

CautionSocialNetworkSponsored Post: Social media has forever changed our society. Nowhere is this shift more prevalent than in the arena of parenting. The exponential growth of the internet generally, and social media specifically, has created relatively uncharted territory for parents of teens and “tweens.”

According to the American Academy of Pediatrics (AAP), 22 percent of teenagers log on to their favorite social media site more than 10 times per day. More than half of adolescents log on to a social media site more than once a day, creating an environment where a large part of this generation’s social and emotional development is occurring while on the internet or cell phone.

Consider this reliance on social media in conjunction with a U.S. National Institute of Mental Health study (The Teen Brain: Still Under Construction). This study indicates that an adolescent brain is constantly being “revived” and “upgraded” until their mid to late twenties. If our children do not use social media responsibly, it can be a recipe for disaster. Not only can they be victims of irresponsible social media behavior, they can also be perpetrators.

The explosion of social media applications has also created new ways for online sexual predators to find victims. Several social media sites claim to be able to verify age to ensure safety for our children, but the reality is that this verification cannot be done effectively. Predators posing as teenagers on Facebook, Instagram, SnapChat, and in chat rooms permeate the internet and pose dangers to our children.

Some parents may try to forbid their children from even having an account on one of these sites, but it can be difficult to keep them away from social media. Should you decide to allow your children to access social media, you should implement some guidelines to protect your child. The website Protectkids.com suggests some “Rules N Tools” for social networking sites such as:

  • Teach your child to never give personal information over the internet
  • Pay attention to the photos your child posts online
  • Regularly ask your child about their online activities and friends
  • Instruct your child never to plan a face-to-face meeting with someone they met online
  • Act like a child; search blog sites children visit to see what information is posted
  • Establish rules on how your child can use the computer and how much time they can spend online

You should also set parental controls on all computing systems, instruct your child to use privacy settings on their accounts so they will limit who is able to see their social media profiles, and stay up to date on anti-virus and anti-spyware software which gives you the ability to view online activity. For an in-depth discussion of these topics, Protectkids.com has a wealth of helpful information to make your child’s use of the computer safer.

The dangers do not stop there.  There are a variety of crimes children can commit with their use of the internet, social media and cell phones. The previously referenced AAP article states rather ominously, “What goes online stays online.”

Your child may send a threatening text in anger, send or post a photo meant to embarrass another person, send sexually suggestive words or pictures, or use social media to bully someone. All of these behaviors can violate laws and lead to criminal charges. Even if a post is deleted, other people can easily capture the image or video and cause it to proliferate across multiple sites.

The most dangerous behavior is the transmission of sexually explicit images or videos. Should your child send such an image, it could be considered the transmission of child pornography. If they receive such an image, it could be considered possession of child pornography. Not only could this behavior result in criminal charges, it could result in a civil lawsuit demanding monetary damages as well.

Our office once represented an individual who was accused of making an offensive, threatening post on a social media site. Realizing their mistake, they removed the post. However, another individual had already taken a screenshot of the post and forwarded it to law enforcement. Imagine being the parent of this child and having the SWAT team show up at your door to arrest your child because of a post they made on social media. While this is an extreme example, it is a real one.

In closing, work with your child to discuss how they should behave online and set acceptable parameters for internet use. Stay vigilant by monitoring their access and utilizing appropriate filters and anti-spyware software. Talk with them so that a mistake made during their formative years will not be one which they will have to carry with them into adulthood.

About the author: Attorney Michael A. Blanchard is a Director at Suisman Shapiro whose practice concentrates in criminal and family law. Please contact him via email at mblanchard@sswbgg.com or via phone at (860) 442-4416 with questions regarding these laws.

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Legal News You Can Use: Divorce and Your Teenager

parents-arguing-350-300x200Sponsored Post: Divorce is painful for children, no matter how old they are. How kids deal with divorce greatly depends on their age and level of maturity. While younger children may cling to parents, teenagers often pull away and become uncharacteristically rebellious.

To make things even more complicated, social media has made the landscape much more dangerous. However, there are warning signs you can look out for, and the good news is that there are clear ways to make the separation and divorce process easier for teens.

How does divorce feel?

Always keep in mind that although your teenager may appear mature physically, he/she is still growing emotionally, and is not an adult on the inside. Teens have a lot going on, and divorce can pile on more drama than they are equipped to handle. They may feel angry and embarrassed. Or, they might feel responsible and blame themselves. Teens often feel torn between their loyalties to each parent. When children have been dealing with disharmony and parental fighting for a long period of time, divorce may even come as a relief. Remember, this is also the time that adolescents start thinking about their own future love life. Divorce may make them feel like they have less chance for success in love. This is all very scary and confusing for a teenager.

Struggling for independence

The teenage years are when adolescents begin to strive for more independence from family. Sometimes this desire accelerates with divorce. Kids may withdraw emotionally as a form of punishment. They may put their peers ahead of family time more than usual. This can make teenagers more susceptible to drug /alcohol abuse or sexual promiscuity. It’s very important to set limits and enforce rules, while also being flexible and understanding. Your teen may not want to visit the non-resident parent. Neither parent should take this personally, and teens should be given some say in visitation schedules while still maintaining routines. Letting your child bring a friend during visitation is sometimes a nice compromise.

Social media issues

These days, almost all teenagers have cell phones and multiple social media accounts on Twitter, Instagram, Snapchat, and many other platforms. Make sure to enforce the same rules about cell phones and posting at both parents’ homes, and monitor social media activity. Clearly explain that everyone MUST keep personal family information and situations out of posts. Aside from obvious privacy concerns, when personal information is broadcast in a public forum, it can impact your divorce case.

Warning signs

Keep an eye out for the following behaviors in your teenager:

-Change in eating or sleeping habits

-Appearing withdrawn or depressed

-Mood swings or emotional outbursts

-Aggressive behavior; lack of cooperation

-Problems at school; drop in grades

-Losing interest in activities that were once very important to them

Encourage your child to talk about his/her feelings. Be available and make sure they can always reach you. Teens need to be able to talk to either parent whenever they want, even if it’s during the other parent’s scheduled parenting time. If you are uncertain about your child’s well-being, be sure to seek professional help.

Ways to make the process easier

– Don’t criticize the other parent in front of your kids

– Don’t use your teen as a confidant to talk about new relationships

– Don’t make your teenager change schools if at all possible

Never try to be a friend rather than a parent, and DO NOT allow underage drinking or illegal activities to occur in your home.

– Do respect your teenager’s feelings, and keep his/her confidences

– Do make time for your teen, and schedule some activities individually with each child

– Do keep regular routines without being stubborn or unyielding

– Do try to attend meetings at school, doctors’ appointments, etc. with the other parent

– Do ask other adults about how your child is doing (teachers, friends’ parents, and coaches)

– Do get the support you need, from friends, family or a trained counselor. Having a healthy outlet will help you to be a better parent during this difficult time

It is achievable to have an amicable divorce, and to start a healthy new life for both you and your children.

Attorney Robert Tukey

Attorney Robert Tukey

About the author: Attorney Robert G. Tukey is a Director at Suisman Shapiro whose practice concentrates in family law. Contact him via email at rtukey@sswbgg.com or via phone at 860-442-4416 with questions about divorce and custody matters.

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Legal News You Can Use: Is My Case a Personal Injury or Worker’s Compensation Claim?

WorkersCompAs an attorney who practices both Worker’s Compensation and Personal Injury Law, I find that many people are confused as to if and where these systems overlap. Although there are many similarities between these two areas of law, there are a number of significant differences that make the representation of clients in either scenario unique.

Personal injury claims fall under the broad area of law called torts, and arise out of what is known as the “common law.” The “common law” is derived from the English legal system and is essentially a set of laws and rules that have developed over hundreds of years of court and appellate decisions.

It is a body of law that is constantly changing as courts review prior decisions and either affirm, or modify the decisions that came before. Although there are certain statutes (written laws passed by the State and Federal Legislatures) that govern personal injury actions, by and large most personal injury actions are based on common law decisions.

Specific to personal injury actions, it is the law of the land that all individuals or entities (like businesses) owe a duty to all members of society to act in a way that is reasonable and does not intrude on anyone else’s safety. If a person or entity breaches that duty and someone gets injured, that someone (who is now a potential plaintiff) has a cause of actions against the breaching party (now a potential defendant). In these claims the plaintiff must prove that the defendant is at fault. If they win, they are entitled to recover money for both economic damages (medical bills, lost wages, etc.) and non-economic damages (including pain and suffering).

In Connecticut these claims can be brought in court if the parties cannot agree to a settlement. There the claims can either be tried before a judge or a jury of six. In the alternative, if the parties agree, the claims can be privately mediated outside the court system. If the plaintiff prevails in his or her claim, most often the damages are awarded all in one shot. No matter what though, eventually every case comes to an end by way of settlement or trial and verdict and very rarely will a plaintiff receive any type of compensation until the case is over.

Although a form of lawsuit, Worker’s Compensation is the exclusive remedy for injuries that occur on the job. Claims are brought before the Worker’s Compensation Commissioner and an injured worker cannot sue their employer at common law. Why? Because around the turn of 20th Century, with industrial production in America in full bloom, workers injured on the job had the right to sue their employers for injuries on the job. As the advent of the contingency fee allowed people who could never afford it before, access to the courts, and employers pressured the legal system to come up with theories to limit recovery, something had to give.

It was actually employers (who wanted to be able to cap their potential exposure in the event they were sued) who pushed for Worker’s Compensation laws. Under virtually every Worker’s Compensation scheme injured workers are entitled to both economic and non-economic damages. However, a big difference between Worker’s Comp and personal injury is that Comp is a “no-fault” system. An injured worker need not prove that his/her employer was at fault for his/her injuries. He/she need only prove that they were injured while in the scope and course of their employment. How it happened is relatively unimportant.

If the injured worker can establish that, then they are entitled to benefits. But unlike personal injury, what the injured worker is entitled to is entirely dictated by statute rather than the common law. In addition, because it is “no-fault,” whatever they are entitled to, they receive as soon as it becomes due. The trade-off is that there are built in caps on these statutory benefits.

For example, there is a maximum weekly compensation rate you can receive regardless of how much money you make, and irrespective of how badly you are hurt. Likewise, there are statutory rules governing exactly how much pain and suffering you can receive based on a scheme too complex to explain in this brief article. However, unlike a personal injury suit, a Worker’s Compensation case never has to come to an end. Although Comp cases are often permanently settled, neither side is obligated to do so and the claim could remain open until the death of the claimant.

Regardless of which system you are looking at, as someone who has practiced in both areas for almost 25 years, they represent a good faith attempt to make whole those individuals who unfortunately need to avail themselves of these laws. Although far from perfect, they are part of the fairest and most accessible legal system on the planet.

About the author: Attorney Robert B. Keville is a Director at Suisman Shapiro Attorneys-at-Law, the largest law firm in eastern Connecticut. If you have questions about these topics or other injury matters, he can be reached via email at rkeville@sswbgg.com or by phone at (860) 442-4416.

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Legal News You Can Use: The Gift of Real Estate From Parent to Child

real-estate-giftShould I gift my house to the kids now, or leave it in my estate? This can be a tricky question. There are also many other factors to consider, including mortgages, capital gains tax, Medicaid regulations, and other risks.

GIFT TAX

The current federal law gives each donor (maker of a gift) a $5.43 million lifetime exemption from the federal gift tax. The Connecticut statutes provide for a $2 million lifetime exemption from the Connecticut gift tax. Therefore, there is no gift tax due unless the donor has made more than $2 million in taxable gifts during his/her life.

Each donor receives a $14,000.00 annual gift tax exclusion per donee (receiver of a gift) for gifts of a present interest, meaning that the recipient can use and enjoy the gift immediately. For example, the exclusion for a gift from a parent to two children may total $28,000. If both the donor and their spouse join in the gift, the exclusion would be $56,000.00. That is, the value of the gift for gift tax purposes would be reduced by $56,000.00.

The $14,000.00 annual gift tax exclusion is not available for gifts of a future interest, such as a gift of real estate in which the donor reserves a life use. So, if your total estate is below the $5.43 million federal estate tax exemption and the $2 million Connecticut estate tax exemption, there is really no practical difference in this case.

MORTGAGE

Most mortgage documents prohibit the borrower from transferring an interest in the real estate without the lender’s written consent. To be assured of avoiding trouble with the lender, be sure to seek this consent before making a transfer.

CAPITAL GAINS

A donor may have purchased real estate many years ago at a price that is much lower than the property’s current value. Because the gift recipient’s basis for capital gains tax purposes is the same as the donor’s basis, if and when the donee children sell the property, they could anticipate paying capital gains tax on a substantial gain.

By contrast, if the children were to inherit the property at the parent’s death, the children’s basis would be the fair market value of the property at the parent’s date of death. In that case, if the property were eventually sold, the gain upon which capital gains tax may be due would be much smaller than it would be if the property were received by gift and then eventually sold.

MEDICAID

The current Medicaid regulations provide that if a person makes a gift of assets, and subsequently applies for Medicaid sooner than five years from the date of the gift, a period of ineligibility based on the value of the gift will apply. For instance, if a parent gifted real estate to a child on September 1, 2014, and the parent or the parent’s spouse needed to apply for Medicaid to pay for the cost of long term nursing home care prior to September 1, 2019, the parent or their spouse would be ineligible for Medicaid. Because of this five year look back rule, it is important to examine what other assets are available to pay for long term care.

OTHER RISKS

What if your child passes away before you do? As much as we don’t like to think about these scenarios, this can be particularly problematic if the parent has not reserved a life use in the gifted property. In this case, the deceased child’s interest would pass under his/her own estate plan documents, possibly to a spouse or to the deceased child’s own children.

Other unexpected events such as bankruptcy, or an accident suffered by one of the donee children, or a divorce, could leave the gifted real estate vulnerable to claims of creditors or claims of the child’s spouse.

The long and short of this complicated discussion is that it is very important to consult with an experienced estate planning attorney before making the decision to gift property to your children.

Attorney Jeanette Dostie is a Director at Suisman Shapiro in New London, CT, the largest law firm in eastern Connecticut. She has a wide experience in estate planning, ranging from simple wills to complex estate plans designed to maximize estate tax savings for clients. For more information, visit www.suismanshapiro.com or call (860) 442-4416. Suisman Shapiro is located at 2 Union Plaza, P.O. Box 1591, New London, CT 06320.

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Legal News You Can Use: Know Your Rights When Unexpected Injury Occurs

Car_accidentAn unexpected injury can be frightening and disorienting, whether from an automobile accident, slip-and-fall, or a “freak” accident. It is helpful to know your rights, and consider in advance the important steps you should take in these situations.

#1. Seek Emergency Medical Care

This may seem obvious, but take a minute to be sure you’re alright! If you are able to do so, check on any passengers in your vehicle, or on others who may have been injured in a motor vehicle accident. Once you have taken precautions for your safety, move your vehicle out of the lane of travel, if possible. Then, call 911.

If you refuse treatment at the scene, go directly to your doctor or the local emergency clinic to be checked out, even if you think your injuries are minor. Often times it is well after the adrenaline wears off that we start to experience pain.

#2. Inform Authorities and Get Copies of Reports

Wait for the police to arrive on the scene, and, respectfully ask that the other driver do the same. If you have been injured in an accident on the premises of a business, notify the manager or supervisor immediately, or, inform the homeowner if you have been injured on residential property. Always remain calm during the course of any conversations with the police, authorities, business representatives, or other parties involved. Remember to ask for copies of any accident reports that are generated.

#3. Exchange Insurance Information and Take Photos

Try to get the names and contact information for any witnesses to the accident. If you have been in a motor vehicle accident, you should exchange insurance information with the other driver. If you were injured on residential or commercial premises, ask for contact information for the appropriate insurance company. Take photos of any visible injuries and damage to your vehicle or property.

#4. Don’t Ignore Follow-up Medical Treatment, and Keep Good Records

Don’t skip follow-up appointments, and be sure to obey the recommendations of any medical professionals who are treating you. Not keeping your medical appointments or failing to follow your doctors’ advice may hinder the healing process, and can also have an impact on any compensation to which you may be entitled. Insurance companies often try to reduce compensation for failing to do these things, calling it “failure to mitigate damages”. Your medical records will provide documentation in the event that the insurance company asks for it. Save copies of doctors’ notes, time off from work, and receipts from any expenses incurred.

#5. Seek Legal Counsel

It’s important to understand your rights after an accident. It usually takes time to assess the full nature of your claim, including your injuries, property damage, loss of wages, out-of-pocket expenses associated with the claim, etc. Do NOT sign any documents, releases or checks from the insurance company without first consulting with an attorney.

Beware of insurance companies who are quick to offer you cash after you have been injured. Often, accepting a cash payout from an insurance company shortly after the incident means signing a written promise that you will not bring a claim or a lawsuit against the insurance company or the party they insure. If you discover additional injuries or property damage after you have made this promise, you may inadvertently waive future recovery to which you may be entitled.

#6. Claims

Many, but not all, motor vehicle collisions have a two-year statute of limitations. This means that you have the right to bring a lawsuit claiming damages arising out of the collision up to two years after the date on which it happened. On the other hand, in some situations, if you fail to notify certain parties within as little as 60 to 90 days that you intend to bring a claim, you may forfeit certain legal rights. The time limits prescribed by Connecticut law vary depending on the type of accident and if the responsible party is an individual, business, municipality, or other entity; where the accident occurred, and other factors.

It is wise to consult with a competent attorney who can advise you as to the statute of limitations that applies to your particular situation. It’s important to understand your rights after an accident. Many people mistakenly assume that if they file a lawsuit, they will be required to go through the stress and anxiety of a court trial. However, the majority of lawsuits that are filed settle before reaching the point of a trial. Following the important steps above will help make the road to physical, emotional and financial recovery much smoother.

jcollinsnew_square_headshot

Attorney John A. Collins III

Editor’s Note: Suisman Shapiro Attorneys at Law is the largest law firm in eastern Connecticut, serving the community for over 70 years with a wide range of legal services. John A. Collins III is the Managing Partner of the firm and a Director/Shareholder who concentrates in the areas of Personal Injury Law and Civil Litigation. For more information, visit www.suismanshapiro.com or call (860)442-4416.

Suisman Shapiro is located at 2 Union Plaza, P.O. Box 1591, New London, CT 06320

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