Articles Category: Personal Injury
January 2019 What is the difference between a pre-existing “condition” and pre-existing “disability”? The distinction has significant implications for your client when improperly lumped into the pre-existing disability category when she actually suffers from a pre-existing condition. Often the terms are mistakenly used interchangeably. Civil Guide Jury Instruction 3.4-1 uses only the term “pre-existing condition” […]
July 2017 In a personal injury action, after the fact-finder renders a verdict or the court enters judgment, a plaintiff is entitled to interest on the amount rendered until it is paid. See Conn. Gen. Stat. § 37-3b (2017).Effective May, 27 1997, the legislature amended Connecticut General Statute Section 37-3b to read: [I]nterest at the rate of […]
December 2015 Creating the illusion of an independent “second opinion,” insurance companies involved in personal injury lawsuits frequently contract with vendors to provide “records reviews,” “peer reviews” or “paper reviews.” No matter what name they are called, our experience has been that the conclusion of records reviews is almost always some combination of: (a) the […]
June 2014 Punitive damages may be imposed under either the common law or specific statutory provisions when the jury or court has found a defendant to have caused harm by its reckless, wanton, or willful conduct. The idea behind punitive damages is that when people or corporations engage in outrageous civil misconduct, they should be […]
August 2013 On January 10, 2013, President Obama signed into law the “Strengthening Medicare and Repaying Taxpayers Act”, otherwise known as the SMART Act. For tort and civil justice litigators, it more appropriately may be referred to as the “Saving Me A Lot of Ridiculous Time” Act. We all have experienced the long and frustrating […]
March 2008 For a simple summary of applicable law in this area, see Robert B. Yules, Connecticut Practice Series: Trial Practice, 5:4 (2006). A. Background The Supreme Court in a recent wrongful death case gave a general overview of the evidentiary issues involved in proving lost wages and earning as damages. Carrano v. Yale-New Haven Hospital, 279 Conn. 622, […]
April 2007 1. Worker’s Compensation Liens: When a person is injured during the course of their employment and workers compensation benefits have been paid, the employer and/or its insurance carrier will usually assert a lien against any third party recovery. C.G.S 31-293 allows any employer and/or its insurance carrier to assert a lien for benefits […]