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Search results for “comparative negligence”

20 results

failure to warn

You might see this phrase in a denial letter, an insurance claim, or a lawyer's note saying a product "lacked adequate warnings or instructions." Plainly put, it means a...

Your coworker got paid after a Merritt blowout crash - so why is your Stamford claim dying on the deadline?

A late-filed claim after a blowout crash on the Stamford commute can wreck your leverage fast, especially when the insurer is already trying to pin part of it on you.

ARTICLE by Anthony DiNapoli

Who Pays After an Instacart Delivery Injury?

If you were shopping an order in a Connecticut grocery store when you fell, the fight is usually over which insurance company gets to duck responsibility first.

ARTICLE by Janet Kowalczyk

crashworthiness doctrine

A manufacturer may be liable when a product does not cause the initial accident but is defectively designed so that it makes the resulting injuries worse than they should have...

specific causation

Miss this issue, and a claim can fail even when a product was clearly dangerous and the injury is severe. Specific causation is the proof that a particular exposure, defect, or...

My Hartford claim adjuster just said my Instagram posts make it look like I'm not really hurt

A Hartford pedestrian claim can lose value fast when the insurer uses your posts to argue you were fine or more than 50% at fault for walking in the roadway.

ARTICLE by Luis Carvalho

Who Pays After a Connecticut Multi-Car Crash?

If you were the passenger in a Connecticut wreck and the driver is your friend or relative, the insurance mess is usually not as simple as the adjuster is making it sound.

ARTICLE by Robert Hennessy

Danbury truck crash and a "wait and see" lawyer can wreck this case

A pregnant electrician hit by a truck in Danbury can get burned fast if nobody moves to preserve the truck's data, document fetal follow-up care, and shut down the blame game about walking on a road without a sidewalk.

ARTICLE by Karen Ostrowski

enhanced injury

Insurance companies and defense lawyers often use this phrase to suggest a person is blaming a product for harm that was really caused by the original accident. That framing...

consumer expectation test

Like a ladder rung that snaps under normal weight or a power tool guard that fails during ordinary use, some product failures are so basic that an average buyer would say the...

Eighteen months after a Greenwich crash, the panic can still be the real injury

A Greenwich pedestrian who was pushed into traffic by a rear-end crash may still be able to prove serious emotional harm even when the insurers are playing the blame game.

ARTICLE by Karen Ostrowski

Connecticut Attic Fall Claims Against Homeowners Insurance

When an HVAC tech gets hurt in a customer's attic, the fight usually turns into a blame game between homeowners insurance, the employer, and workers' comp while the injured worker is stuck trying to get treatment.

ARTICLE by Priya Chandrasekaran

Everyone says it's not their fault. Your settlement still has to come from somewhere.

A Hartford retiree hit by a fleeing driver can end up with several possible claims, several people denying blame, and a settlement number that shrinks fast once the bills and liens come out.

ARTICLE by Janet Kowalczyk

Two years later and your kid still limps after that Norwalk crosswalk crash - the case may not be dead

When a child is hit in a Norwalk crosswalk and the parent was traveling between work sites, the fight over insurance does not wipe out the kid's claim, and the timing rules are different than most people think.

ARTICLE by Maureen Sullivan

No money for a lawyer after a Danbury ramp crash? You still have moves

A wrong-way crash on a Danbury off-ramp can still turn into a real claim even when Connecticut says sovereign immunity and you don't have cash for a lawyer.

ARTICLE by Anthony DiNapoli

strict product liability

You just got a letter that says the manufacturer denies fault, but your lawyer says the case may involve strict product liability. That means a company that makes, sells, or...

preponderance of evidence

The greater weight of the evidence. "Greater weight" means more convincing, more probable, and more likely true than not true. In a civil case, the party with the burden of...

manufacturing defect

You'll usually see it in a denial letter, an insurance claim, a lawyer's demand, or a recall notice: "The product may have contained a manufacturing defect." Strip away the...

risk-utility test

A way courts and experts judge whether a product's design is unreasonably dangerous by weighing its risks against its usefulness and the feasibility of a safer design. That...

How much can a Norwalk crash claim lose from Facebook posts?

$10,000 to $100,000+ can disappear from a Connecticut injury claim because of bad social media, and with a serious aggravation of a pre-existing condition, the loss can be even...