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Personal Injury Lawyer in West Hartford

When you suffer an injury due to someone else’s negligent or wrongful actions, you can face some of the most stressful times of your life. Medical expenses and health-related income losses are the leading causes of bankruptcies in the U.S. 

In addition to financial concerns, you may have worries about your long-term health and even your ability to carry on your career. Fortunately, Connecticut law gives injury victims the right to pursue legal claims against the people or businesses responsible for their injuries. 

A West Hartford personal injury lawyer from Kennedy, Johnson, Schwab & Roberge understands what you face and will work tirelessly to fight for a fair outcome for you and your family. Contact us to discuss your injuries and how we can help you recover injury compensation.

Types of Cases Our Personal Injury Law Firm Handles in West Hartford, Connecticut

We have experience representing clients injured in all types of incidents related to negligence or wrongful actions. Some types of cases we handle include the following:

Medical Malpractice

It’s estimated that medical malpractice contributes to over 250,000 deaths per year, making it the third-leading cause of death. While other studies have disputed these findings, there is no doubt that medical errors are a significant contributor to injuries and deaths in Connecticut.

Healthcare providers and malpractice insurers fight hard against these cases. Consult an experienced and knowledgeable injury attorney from Kennedy, Johnson, Schwab & Roberge to learn how we stand up to them.

Sexual Assault and Molestation

Personal injury cases can arise from intentional acts like battery and assault. Regardless of your age or relationship with the at-fault party, you can often pursue a claim for injury compensation after sexual assault or abuse.

You may also be able to pursue negligence claims against businesses or organizations that failed to exercise reasonable care in monitoring and supervising the assailant. An injury attorney from Kennedy, Johnson, Schwab & Roberge is familiar with these claims and can advise you about your rights against the parties liable for your injuries.

Dangerous and Defective Products

Once a defective product leaves its manufacturer’s hands, it can injure users. The manufacturer bears liability for losses caused by defects in the product's design, manufacture, or warnings. 

But to pursue these claims, you need a law firm like Kennedy, Johnson, Schwab & Roberge that has the resources required to stand up to massive corporations and their insurers.

Construction and Workplace Accidents

Some employees assume they can only seek workers’ comp benefits for a workplace or construction site injury. But you may have additional claims against other parties that may have contributed to your injuries.

These third-party claims can supplement any workers’ compensation benefits you receive. An experienced lawyer from Kennedy, Johnson, Schwab & Roberge can identify third-party claims that you may have for your on-the-job injuries.

Premises Liability

Property owners, managers, and tenants must keep their premises reasonably free from hazards that can injure guests. These types of cases are often called slip and fall accidents, but premises liability also includes injuries that result from:

  • Trips
  • Drownings
  • Fires
  • Explosions
  • Dog bites
  • Falling objects
  • Toxic exposures

An injury lawyer from Kennedy, Johnson, Schwab & Roberge can investigate injuries that occurred on someone else’s property and advise you about the claims you can pursue against those responsible for the premises.

Motor Vehicle Accidents

Motor vehicle collisions are a leading cause of accidental injury and death in the U.S. The massive forces your body experiences in a traffic crash can break your bones, tear your soft tissues, and damage your brain. 

Whether you were injured as a motorist, pedestrian, or cyclist, you should speak to our seasoned attorneys about your options for pursuing injury compensation.

How a West Hartford Personal Injury Attorney Proves Liability

Your case will usually start with a free initial consultation with a personal injury lawyer. The lawyer will analyze your situation and explain your options for pursuing compensation from those responsible for your injuries.

A personal injury case typically involves an insurance claim. Most parties have liability insurance to cover injuries to third parties. Some examples include the following:

  • Auto insurance
  • Homeowners insurance
  • Malpractice insurance

The insurer assigns an adjuster to investigate your claim. The adjuster’s job is to protect the insurer from paying unfounded claims. Your lawyer may battle the adjuster to overcome any claim denials and attempt to settle your claim quickly and fairly.

Insurers have a financial incentive to pay as little as possible for claims. If your lawyer cannot get a fair settlement offer from the insurer, you may need to file a lawsuit. You may also skip directly to a lawsuit if the at-fault party does not have insurance.

A lawyer can use three theories to prove liability, depending on the type of claim. These theories include the following:

Intentional Tort

A civil battery happens when a party intends to make harmful contact with someone. A civil assault occurs when a party intentionally places someone in fear of an imminent battery. 

Intent means that the action was deliberate rather than accidental. Intent also means it was done with the purpose of making contact or inspiring fear, even if it was directed at someone besides the victim.

Examples of intentional torts include:

  • Nursing home abuse
  • Sexual assault and molestation
  • Road rage

For example, during a sexual assault, the other party deliberately touches the victim, intending to cause harmful contact. 

Negligence

Negligence happens when someone fails to exercise reasonable care and as a result, injures someone. The benefit of negligence is that your lawyer does not need evidence of the other party’s intent. Instead, your lawyer must have evidence of:

  • A legal duty of care
  • A breach of that duty
  • Losses

Your lawyer will also need to establish a causal link between the breach and the losses.

Negligence covers most injury claims, including:

  • Medical malpractice
  • Motor vehicle accidents
  • Premises liability claims

Thus, to prove medical malpractice, your lawyer does not need to prove the healthcare provider intended to harm you. Instead, they only need to prove the provider failed to live up to the professional standard of care and that this failure caused your injury.

Strict Liability

Strict liability applies to certain inherently dangerous activities, like keeping dogs or manufacturing products. In a strict liability case, your lawyer does not need to prove the other party was aware of the dangerous condition. They only need to prove the existence of the dangerous condition and that it caused your injury.

Damages You Can Recover in Connecticut

Damages are meant to cover all of the losses you incurred as a result of your injuries. We can pursue two types of damages in your personal injury claim:

Economic Damages

Economic damages address all the financial losses that resulted from your injuries, such as:

  • Past and future medical bills
  • Past income losses
  • Diminished earning capacity in the future due to disabilities
  • Out-of-pocket expenses that were reasonable and necessary

We demonstrate your economic losses using financial records. These records put a concrete number on the money you paid or lost due to your injuries.

Non-Economic Damages

Non-economic damages cover the diminishment in your quality of life due to your injuries. They account for such losses as pain, mental suffering, disability, and disfigurement.

How it Works

Contingency Fees

At Kennedy, Johnson, Schwab & Roberge, P.C., we handle all Personal Injury cases on a contingency fee basis. This means that we do not get paid unless and until you receive a settlement or a jury award.

Schedule a free, confidential consultation with a skilled Connecticut personal injury lawyer today. Contact us online or call our New Haven law firm directly at 203-865-8430.

Questions

Personal Injury FAQs

How Much Does a West Hartford, CT, Personal Injury Lawyer Cost?

A lawyer for personal injury cases typically charges a contingency fee. This fee is calculated at the end of the case. It is based on an agreed-upon percentage of the compensation the lawyer recovers. If the lawyer does not win or settle your case, you owe no legal fees.

What Should I Do After Getting Injured?

After you suffer an injury, you should consider seeking appropriate medical attention. Seeing a doctor will ensure you get a full diagnosis of your injuries and a treatment plan. They will also create a medical record that proves the extent of your injuries.

What if I Am Partly to Blame for My Injuries?

Connecticut uses comparative negligence to allocate fault. If you bear a share of the blame, your damages will be reduced. But you can still recover damages as long as you are not 51% or more at fault.

Will I Need to Go to Court for My Case?

Most injury cases do not go to trial. Instead, we will generally try to negotiate a personal injury settlement that will fairly resolve your case so that you can focus on your recovery.

Speak to an Experienced Personal Injury Attorney

At Kennedy, Johnson, Schwab & Roberge, we understand the challenges you face after an injury. We stand with you to protect your rights and pursue the best possible resolution of your claims. Contact us to speak to a skilled personal injury lawyer in West Hartford about your case today.

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