The Law Office of Kevin C. Ferry, LLC has dedicated over 15 years to representing individuals and their families who have been injured as a result of automobile accidents. Our office has represented individuals with injuries ranging from back and neck strains to permanent brain injuries. Regardless of the type of injury it is extremely important that you contact an experienced attorney as soon as possible to ensure that your rights are protected.

Assessing Your Case

In assessing the total damages in your case there are two primary considerations. First, is the extent of the liability of the person causing the harms and losses.. The second consideration is the nature and extent of your injuries and economic damages that can be proven by a fair preponderance of the evidence. In addition to your physical injuries, you can recover numerous other types of damages. For example, you may be able to recover lost wages, fair value for used sick or vacation time, future medical bills, expenses for a rental car, permanent injury, mental anguish, pain and suffering, and many others.

The very best way to assess your case is to promptly contact a qualified attorney. The attorney can help you assess your case, both in terms of contributory negligence and the potential damages. At the Law Office of Kevin C. Ferry, LLC, we will provide a free consultation over the phone, by email, at our office, or if you cannot leave your home, medical facility or hospital, we will come to you.

Preserving Your Case

One of the most important things you should do after being involved in an automobile accident is preserve any and all evidence that may be available to you. Therefore, you should not hesitate in taking pictures, going to the doctor or hospital, obtaining the police report, obtaining names of witnesses and contacting an attorney. An attorney can assist you in preserving and obtaining any potential evidence. Without immediate action much of the evidence that you will need to prove your claim can be lost.

Statute of Limitations & Notice Requirements

In essence, a statute of limitations sets a specific time frame in which a particular type of law suit can be brought. If you do not meet the deadline, then you will be barred from bring suit. To properly asses and determine the applicable statute of limitations and any notice requirements that may be associated with your claim, it is imperative that you contact an attorney.

In Connecticut, a two year statute of limitation applies to claims involving automobile accidents. See Connecticut General Statute § 52-584. In the case of an action for injuries resulting in death, however, the action must be brought within two years of the date of death and not more than five years from the act or omission complained of. See Connecticut General Statue 52-555.

In addition, any claim against a municipality or the State of Connecticut is subject to severe restrictions which limit the time normally allowed by law to bring the claim and may also include strict notice provisions that are extremely time sensitive.

Car Accidents – Double Or Treble Damages

In Connecticut, when a driver causes an accident because he was operating a vehicle recklessly, the injured party may recover double or treble damages. See Connecticut general Statute 14–295. That statute requires that the injured party allege that another party has deliberately or with reckless disregard operated a motor vehicle in violation of one or more enumerated statutes– see below– and that such violation was a substantial factor in causing such injury, death or damage to property.

The statutes enumerated are:

14–218a

Traveling unreasonable fast;

14–219

Speeding;

14–222

Reckless driving;

14–227a

Operation under the influence;

14–230

Driving in right hand lane;

14–234

Determination of no–passing zones

14–237

Driving on divided highways;

14–239

One–way streets. Rotaries or roundabouts;

14–240a

Vehicles to be driven reasonable distance apart. Intent to harass or intimidate.

The owner of a rental or leased motor vehicle is not responsible for double or treble damages unless the damages arose from such owner's operation of the motor vehicle.

In addition to the motor vehicle regulations, a violation of which may be used to establish a recklessness claim, common law recklessness is also recognized. Courts have stated that Recklessness is a state of consciousness with reference to the consequences of one's acts... But in order to infer it, there must be something more than a failure to exercise a reasonable degree of watchfulness to avoid danger to others or to take reasonable precautions to avoid injury to them. It is conduct that can be said to be wanton. Wanton misconduct is "[such] conduct [that] tends to take on the aspect of highly unreasonable conduct, involving an extreme departure from ordinary care, in a situation where a high degree of danger is apparent." (Internal quotation marks omitted.) Elliott v. Waterbury, 245 Conn. 385, 415, 715 A.2d 27 (1998).

Auto Accident Tips

1. Do not admit any fault at the scene.
2. Do not move the vehicles before police arrive unless necessary for safety reasons.
3. Remember – anger is not helpful. The person that hit you probably feels rotten for doing so. Ask them if they are ok. Don’t scream and yell.
4. Ask the other driver what happened.
5. Photograph the vehicles and scene if possible.
6. Obtain necessary medical attention. Allow recommended treatment, including ambulance transport to the hospital.
7. Contact a trial lawyer before giving any statements to insurance company representatives.
8. Cooperate with the insurance company regarding vehicle repair, but choose the auto repair shop of your choice.
9. If cut, bruised or scraped, take photographs of your injuries.

Auto Accident – Philosophy of Firm – Insurance carriers must pay when they play

The insurance carrier will not offer fair and just compensation for you losses without being able to envision a bad outcome at trial. Every possible method of exerting pressure must be employed and all harms and losses have to be properly worked up for compelling presentation to a claims adjustor or to a jury.

When all of the harms and losses suffered by the injured party are known and presented to the insurance carrier, a settlement demand is made. This figure is a realistic and fair figure designed to entice the insurance company to pay up. Verdict reporters present publish settlement and verdicts are used as a tool to support the settlement demand made. However, each case is so unique that verdicts and settlements from other cases offer limited guidance. When the insurance carrier wants to delay by offering unfair low figures, the only prudent thing to do is to increase the demand. This takes care of the time value of money being lost to the injured party and negates the time value savings the insurance carrier is attempting to enjoy.

In addition, these are significant financial outlays needed to push a case though litigation. The expense associates with depositions of witnesses can cost several dollars per page of transcript. Medical experts charge anywhere from $250.00 to $1,000.00 per hour of their time spent in a deposition or at trial. These expenses also offer justification for increasing the settlement demand.

If you do not like to be pushed around and agree that big companies must pay fair value for all provable harms and losses, we can help.