How bad does an injury have to be to constitute a claim?

There is no law in Connecticut that sets the bar for an injury claim based on the severity of the injury. However, there are practical considerations, and depending on the type of claim, the costs necessary to prove the claim can be prohibitive. For example, if your claim is worth $10,000 but it would cost $25,000 to pay the costs of litigation, while technically you have a claim, it would not make practical sense to pursue it.

In medical malpractice and product liability cases, the litigation expenses are extremely high and routinely exceed $100,000. Thus, for a medical malpractice or product liability claim to be practical, the injury must be severe or have caused death. And although we advance these expenses on your behalf, we must feel that the legal value of your injury is high enough to compensate you fairly after considering the legal fees and costs. Our philosophy is that if we don’t feel that we can provide you with reasonable compensation in your pocket after considering legal fees, costs, and the time you spent litigating the case, we will tell you that we don’t think a claim is practical for you.

For less complicated claims, the severity of the injury plays a smaller role. But even less complicated claims can be expensive. For instance, if your injury in a car crash claim involves significant surgery, we will need your doctor to testify and explain the nature of your injury and your future care and prognosis. Life care planners are also utilized to project future medical costs; typically, these are physicians trained and skilled in physiatry and rehabilitation medicine. Doctors and other witnesses who are considered experts in a particular field are very expensive, often tens of thousands of dollars. So we are careful what costs we incur in pursuing claims and make sure before we do incur more significant costs there is sufficient insurance that the liable party has to obtain a fair recovery for you.

We have represented folks for all different levels of injury severity, from more minor to paralysis and death. We believe that everyone is entitled to experienced, proven, and trusted representation. If we do not feel your claim is practical, we will explain that to you upfront.