Personal Injury Frequently Asked Questions

The New Haven County, CT law offices of Daniel A. Lyons & Associates provides answers to common personal injury questions.  Please note that all cases are factually different and the following information is not intended to be a substitute for formal legal advice. You should consult an attorney for individual help and assistance as it pertains to your particular situation.  Click the link for information about your area of interest.

• General injury information
• Dog bites
• Workplace accidents
• Auto and other motor vehicle accidents
• Medical malpractice

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At Daniel A. Lyons & Associates, we are confident that our team of experienced professionals can provide you with the highest level of legal representation, as well as very personal service and attention. When you need an attorney, contact Daniel A. Lyons & Associates online or call 203-932-2222.

General injury information

• What steps should I take if I am injured in an accident?
• How do the courts determine who is at fault?
• What is my claim worth?
• How long do I have to file a legal claim?
• Will I need to go to court?

What steps should I take if I am injured in an accident?

When you have been injured, always get medical attention first. Then, if you have been injured by someone else’s negligence or wrongdoing, take the following steps to protect your rights and ensure fair compensation for your medical and other expenses.

• Avoid making statements at the scene saying that the accident was in any way your fault.
• Obtain and record contact information about the negligent party, especially insurance information.
• Take pictures of the accident scene. Use the camera on your mobile phone if no other camera is available.
• Write down contact information for witnesses.
• Write down every detail you remember about the accident as soon as possible.
• Obtain a police report, if one is filed.
• If the accident is a workers compensation issue, make note of the insurance company name and contact information.
• Make NO written or verbal statements to claims handlers for insurance companies or anyone else until you have consulted with an attorney.
• Retain clothing or damaged property, or anything that might provide evidence for your case.
• Keep a diary of all medical treatments and be sure to keep receipts for every medical expense.

Contact a lawyer with direct personal injury experience as quickly as possible.  There is no charge for an initial consultation with Dan Lyons.  The sooner an attorney becomes involved, the more likely vital evidence can be preserved and your rights protected.

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How do the courts determine who is at fault?

To collect on an injury claim in Connecticut, an injured person (plaintiff) must prove whoever caused the injury was negligent.  A New Haven County personal injury lawyer can be invaluable in proving negligence according to the required criteria:

• Duty: A person is responsible for acting properly in a given situation.
• Breach: The person fails to act properly.
• Causation:  The breach causes an accident.
• Damages:  Someone is injured or property is damaged as a result of this accident.

Connecticut uses the modified comparative fault rule, which means that you can recover damages in proportion to the amount that you and the other parties are at fault. If more than one person is at fault, Connecticut law states that negligent parties are responsible for their proportional amount of the total damages.  If you are more negligent than all others involved in the accident, you cannot recover damages. 

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What is my claim worth?

Determining the worth of your claim takes meticulous documentation and experience with many personal injury cases.  Each case is different, so there is no easy answer to this question.  Under Connecticut law, the person or entity responsible for injuring you is responsible for the costs associated with your injuries, including expenses such as:

• All current and future medical expenses incurred as a result of the accident
• Lost wages, including time you must be away from work for medical treatment
• The reduction or loss of future earning capability resulting from your injuries
• Property damages
• All expenses related to caring for you and your home while you are incapacitated
• Permanent injuries, including disfigurement and disability, and their long-term economic consequences
• Emotional distress, including anxiety, depression, and interference with your family relationships

Dan Lyons hires expert witnesses to investigate your case and help prove your damages.  He carefully documents all current and future expenses to ensure you receive fair compensation.

How long do I have to file a legal claim?

In Connecticut, the statute of limitations generally says you have two years to file a lawsuit against a party (defendant) who injures you.  However. a personal injury lawyer in New Haven County can guide you since the conditions for suing for personal injuries can be complex, for instance:

• If someone trips and falls on a defective public sidewalk, notice must be given to the municipality within 90 days of the injury, even though there are two years to bring a lawsuit.
• For a wrongful death action, the lawsuit must be brought within two years of date of death.
• For a lawsuit against an alcoholic beverages seller to claim damages caused by an intoxicated purchaser, notice must be given to the seller within 120 days of the sale, and the lawsuit must be brought within one year.
• If someone is injured as the result of a defective state highway or bridge, the state must be informed within 90 days of the injury, and there are two years to bring a lawsuit.
• In an action for injury arising out of sexual abuse, a lawsuit must be brought within 17 years from reaching the age of majority.

Dan Lyons has experience in filing lawsuits against a wide variety of defendants and can protect your interests by assuring your legal action is filed in the proper court and before the statute of limitations runs out for your claim.

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Will I need to go to court?

There are a number of options available to you when you file a personal injury claim:

• Settlement:  Most cases are settled without going to court.  You may be able to achieve a reasonable settlement through direct negotiation without legal representation.  However, lawyers traditionally gain more favorable settlements for clients, even when contingent legal fees are taken into account. Dan Lyons is experienced at negotiating with all parties involved in personal injury cases, including insurance companies.  Once an insurance company knows you are represented by a strong litigator, the chances for a quick, fair settlement are much greater.
• Arbitration:  Both sides may agree to use a professional arbitrator to determine who is at fault and what awards should be paid. Dan Lyons can protect your rights by selecting a fair arbitrator and handling the case in a manner similar to a court proceeding.
• Trial:  At times, a court case is your best option for obtaining the maximum awards due to you.

Dan Lyons knows that many clients are uncomfortable with the court system and would rather settle claims without going to trial. He clearly explains all your options, along with the results you can expect from each one.  If it is not possible to obtain a fair settlement for you, he will recommend pursuing your claim in court.

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Dog Bites

• A dog bit me.  Who do I tell?
• Which jurisdiction covers dog bites—state or local?
• What do leash laws cover?
• Can posting a “Beware of Dog” sign help get me out of trouble if my dog bites someone?

A dog bit me.  Who do I tell?

Contact your local animal control agency.  If you are injured seriously enough to require medical attention, contact your local police.

Which jurisdiction covers dog bites—state or local?

Both. In addition to Connecticut laws, your local community may also have animal laws covering bites, leashing, and vaccinations. Your local laws might ban ownership of certain breeds, too.

What do leash laws cover?

Most communities require dogs to be leashed unless they are confined to a house or fenced yard, even on the owner’s property. Failing to adhere to the leash laws combined with dog biting may increase potential penalties.

Can posting a Beware of Dog sign help get me out of trouble if my dog bites someone?

While the sign may help to alert others to any potential hazard, specific facts surrounding the dog bite determine your liability.

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Workplace accidents

• What should I do if I get injured on the job?
• How long do I have to make a claim?
• What is no-fault workers' compensation?
• What if my workers' compensation claim is denied?

What should I do if I get injured on the job?

You should notify your employer of the injury and your need for medical attention immediately.  To receive approval of a workers compensation claim, you must prove the injury happened at work. You may also have to notify Connecticut’s industrial commission. Under Connecticut workers compensation law, your employer and/or its insurance carrier can choose the physician you see for treatment. An experienced Connecticut workers compensation lawyer can help you understand the process, ensure your rights, and file your claim.

How long do I have to make a claim?

One year.

What is no-fault workers' compensation?

Some states have no-fault insurance programs that give benefits to employees who suffer job-related injury or illness. In such a program, if you are injured on the job, you receive benefits in exchange for agreeing not to pursue civil action against your employer, unless the injury was intentional.

What if my workers compensation claim is denied?

If your employer and its insurance company deny your claim, it is important to contact a Connecticut workers comp lawyer immediately. There are limits on the time you may take to file an appeal.  If you do not file and win an appeal, there is a chance you may be required to pay back the cost of any medical treatment you received prior to the denial.  You also lose any chance to receive help for your injury from workers comp insurance in the future.  Dan Lyons offers experienced workers comp legal representation.

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Auto and Other Motor Vehicle Accidents

• Should I provide a statement to an insurance company without a lawyer’s help?
• Can the insurance company refuse to pay my medical bills if my car was not damaged?
• Will I have to go to trial to recover damages?
• What is considered pain and suffering?
• What determines the amount I might recover?
• Is there a minimum or maximum amount that can be recovered in a personal injury settlement?

Should I provide a statement to an insurance company without a lawyer’s help?

Only provide your contact information and the facts of your accident to an insurance company until you consult with a lawyer.  And never sign any statement without legal advice. The more significant your injuries, the more imperative it becomes to seek a New Haven auto accident lawyer as soon as possible to preserve evidence and protect your rights.

Can the insurance company refuse to pay my medical bills if my car was not damaged?

No. While the insurance company may try to draw a direct correlation between damage done to your car and the severity of your injuries, it is possible for your body to sustain serious damage even if the car did not. The reverse may also be true—a car may be involved in a major collision without hurting the car's occupants.

Will I have to go to trial to recover damages?

About 95 percent of personal injury cases filed settle prior to trial. A knowledgeable auto accident lawyer in New Haven County such as Dan Lyons still prepares your case for trial, knowing that having a strong case can help the client receive a fair offer of compensation more quickly.

What is considered pain and suffering?

Pain and suffering includes harm caused by physical injury and mental anguish.  Many accident victims who experience pain and suffering avoid activities they enjoyed prior to their involvement in a Connecticut car crash or truck accident.

What determines the amount I might recover?

Every case addresses three issues:

• Liability—establishes the negligence of the party(ies) who caused your injuries [the defendant(s)]
• Causation—links specific actions to results, in this case, your injuries
• Damages—the amount that will fairly and adequately compensate you for your injuries
• Source of collection—insurance or other assets from which damages can be recovered

Is there a minimum or maximum amount that can be recovered in a personal injury settlement?

No. Generally very minor injuries are not pursued since legal fees easily outstrip the settlement the client receives.  On the other hand, there have been significant awards for injured clients in the millions of dollars depending on the severity and permanence of the injury.

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Medical malpractice

• What is the difference between wrongful death and medical malpractice?
• How do I know if I have a medical malpractice case?
• What is informed consent?
• Is a misdiagnosis malpractice?
• What expenses are generally paid by a settlement with a malpractice case?
• When should I settle my case?
• What is contributory negligence?
• Can a case be reopened after it is settled?

What is the difference between wrongful death and medical malpractice?

Wrongful death is a type of damage and malpractice is a type of negligence. Not every wrongful death case involves medical malpractice and not every medical malpractice case involves wrongful death.

How do I know if I have a medical malpractice case?

A bad medical result does not automatically mean you have experienced malpractice. Even the best medical care cannot guarantee that things always go right. Generally, you need an expert medical opinion and certificate from a medical expert indicating that no reasonable health care provider would have done what yours did.  And further, that your provider’s actions caused your injury. Reasonable health care depends on available medical knowledge, the geographic location, and the state of medical practices at the time of the incident.

What is informed consent?

Before performing a procedure, a doctor is required to advise the patient of the procedure that is going to be performed as well as all the possible consequences. A doctor who doesn't do this could face a medical malpractice case unless the doctor is unable to obtain consent in an emergency situation where the patient is incapacitated and no family member is available.

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Is a misdiagnosis malpractice?

Not necessarily. Even the best doctors can make errors in diagnosis. The law does not require them to be error-free, as long as their actions meet the standard of care required by the state.

What expenses are generally paid by a settlement for a malpractice case?

Generally, state statutes control what a malpractice settlement takes into consideration. The following are commonly covered:

• Past, present and future medical expenses for treatment of the injury caused by the medical malpractice
• Other financial damages and economic damages that the malpractice caused, including lost wages and loss of earning capability
• Compensation for pain and suffering

When should I settle my case?

If you receive a settlement offer, contact your attorney to get advice.

What is contributory negligence?

Contributory negligence is an injured person's failure to exercise due care, which contributed to the injury. One example of contributory negligence in a failure-to-diagnose case would be if a doctor recommends that the patient undergo a screening exam for cancer and the patient neglects to follow through with the doctor's instructions, only to be diagnosed with cancer later.

What is Comparative Negligence?

Can a case be reopened after it is settled?

Since you sign a final release as part of settling a case, it is generally not possible to reopen the case.

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Serving clients in the New Haven County, Connecticut courts of:

Bridgeport Derby Meriden

Middletown Milford New Haven

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