Frequently Asked Questions Regarding Personal Injury Lawsuits

Although every personal injury lawsuit has unique aspects that must be considered, there are similarities between many injury cases. On this page, we address frequently asked questions about personal injury lawsuits. Of course, we welcome the opportunity to review the unique facts of your case and answer your questions during a free consultation. Call or use our online contact form to schedule an appointment.

How will my case be valued?

Many factors are considered when determining the amount of compensation to seek in a personal injury claim. In Connecticut, injured parties have a right to recover:

• Current and future medical costs directly related to the injury, including physical therapy and medications
• Lost wages directly related to the injury
• Loss of earning capacity
• Expenses incurred for home chores that you are unable to perform due to your injuries
• Pain and suffering, past, present and future, including loss of enjoyment of life

At the Law Office of Toby M. Schaffer in Stamford, our decades of experience representing injured clients provides us great insight into properly assessing the amount that should be sought following an injury accident. In some cases, it is possible to seek punitive damages if the negligent actions that resulted in your injuries are particularly egregious or willfully reckless (such as a drunk driving accident that causes serious injuries).

How do I choose a lawyer to represent me?

It is wise to enlist the help of an attorney who not only has extensive experience in personal injury law, but also focuses on injury cases instead of juggling between a number of practice areas.

You also want to make sure that your lawyer has produced positive outcomes through negotiations as well as at trial. Many injury lawyers have never seen a courtroom. Insurance companies know which lawyers are reluctant to litigate, and they feel empowered to reduce the amount of compensation they offer.

How much does a personal injury lawyer cost?

We accept injury cases on a contingency fee basis. There are no upfront costs, and you will only pay an attorney fee if we help you obtain a recovery, either through a negotiated settlement or a jury verdict. We receive a percentage of the total recovery. In addition, there frequently are costs related to developing a winning case that the client is responsible for paying. These charges are carried by the lawyer and reimbursed at the conclusion of a case.

How is negligence proven in an injury case?

In order to prove negligence, it must be shown that an individual breached a duty of care and caused the accident that directly resulted in your injuries. This may be accomplished through police accident reports, testimony from eyewitnesses, the plaintiff’s own testimony, the examination of evidence at the accident scene, or a combination of these and other facts.

How long does it take to resolve a personal injury lawsuit?

Injury cases can be resolved within a few months or last more than a year. How long it takes to resolve a case depends on the facts involved, including the severity of the injuries and whether the case will be litigated in court or resolved directly with the insurance company. While it is natural for injured parties to be anxious for resolution, the most important objective is to recover fair compensation for your injuries.

What is modified comparative negligence, and how does it affect the value of my case?

Often when accidents occur, the parties involved share responsibility. Under Connecticut’s modified comparative negligence law, a person who is found to be 51 percent or more at fault for an injury accident is unable to recover damages. An injured party who is less than 51 percent responsible for an accident may recover damages. However, the amount recovered will be reduced by the percentage of responsibility the injured party is deemed to have played in causing the accident. An insurance company may attempt to pin a majority of the fault for an accident on you, which is why it is critical to enlist the services of a knowledgeable and experienced injury lawyer who knows how to combat this tactic.

Get Answers To Your Questions In A Consultation

Prompt action is important in all injury matters. It is necessary to preserve evidence and speak with witnesses while the facts are fresh in their minds. Contact our office as soon as possible following an injury accident to schedule a free consultation. We will review the facts of your case, answer your questions and recommend an effective course of action.

Call 203-883-9853 or email us to schedule an appointment.