99 North Street
Bristol, CT 06010
860-583-5200
Toll-Free: 888-300-4469
Fax: 860-582-0012
law@newmancreedlaw.com
Newman Creed & Associates
99 North Street Bristol, CT 06010 • 860-583-5200 • Toll-Free: 888-300-4469 • bnewman@newmancreedlaw.com
|
|
|
|
FAQ
Frequently Asked Questions
The following does not constitute legal advice, and is only for informational purposes. Legal questions are no different than questions that arise in ordinary life. They are fact-specific and will require a careful review of all pertinent factors before being answered. Nevertheless, the questions and answers below form some general guidelines for principles that may apply in any given case. Please call Attorney Bruce Newman or Attorney Kevin Creed at 1-888-300-4469 to have your specific questions answered in the context of your individual case with reference to all current statutes.
Q: How much automobile liability coverage should I carry?
A: The minimum insurance limits in the state of Connecticut are $20,000.00 per person and $40,000.00 per occurrence. Essentially, this means that if you cause an accident, the most any one person can collect from your insurance coverage is $20,000.00 and the most any number of claimants could recover from one accident is $40,000. How much insurance to carry is a personal choice and will also be governed by financial considerations as well as recommendations from your insurance agent, who may be able to recommend coverages for your home as well. One thing most individuals do not realize is that the insurance limits for underinsured / uninsured motorist coverage may be crucial if a claim ever needs to be made. Generally speaking, most insurance agents will write the same amount of coverage for this portion of your policy that is written for liability limits.
Nevertheless, you may ask for higher limits of uninsured / underinsured motorist (UM) protection. It is important to have sufficient coverage for this portion of your policy in case you are injured in an accident that is the fault of an uninsured driver or if you are in an accident in which the tortfeasor has damages which are well in excess of the responsible party's coverage.
Q: What is conversion coverage?
A: Conversion coverage is an option that may be purchased which, in effect, "stacks" your policy onto that of a tortfeasor. In other words, if someone at fault has insurance coverage that is not adequate to pay damages for injuries which you sustain, conversion coverage allows you to place your underinsured motorist coverage on top of the responsible party's coverage regardless of what your limit of underinsured motorist coverage may be. This is in contrast to the typical scenario whereby you would only be able to collect that amount of underinsured motorist coverage which is in excess of the tortfeasor's policy.
Q: If I have been injured in an accident, how much time do I have to seek medical attention?
A: Medical treatment should be sought as soon as possible if it is needed. Generally, you should seek treatment as needed regardless of whether or not you are contemplating a lawsuit. There is no sense in waiting to see if injuries will heal on their own because they may, in fact, get worse. For example, a sore back or neck which causes someone to change their posture to accommodate the pain may end up causing more damage to the musculature of the spine than if immediate treatment is secured. Again, one should not conduct themselves any differently because they are possibly making a claim for damages than they would ordinarily conduct themselves. So, if you would ordinarily go to the doctor's office, then this should be done. Only your medical providers are in position to assess and evaluate what type of treatment is warranted and what medical specialty and what modalities of treatment are best utilized for any particular injury.
Q: How much time do I have to pursue a claim as a result of an automobile accident?
A: The statute of limitations for automobiles / personal injury / negligence actions in the state of Connecticut is two years. If the accident occurs outside of the state, the statute of limitations for that jurisdiction would apply. In addition, certain actions against the state of Connecticut, local governments, housing authorities and municipal or state entities have their own time requirements. Coupled with this is the defective highway statute or the dram shop statute which have notice requirements as short as 60 days. Therefore, it is important to consult an attorney about the applicable notice requirements and statute of limitations in your case.
Q: Who do I see for medical treatment if I have no insurance?
A: As a threshold matter, there are many different avenues in order to get medical bills paid. In certain circumstances, there may be medical payments insurance coverage or personal injury protection coverage on the automobile in which you were an occupant. In other situations, there may be medical payments insurance coverage on another vehicle which may cover your medical bills. There are new state programs for health insurance. Also, in certain circumstances, a liability coverage insurance adjuster may advance certain payments toward medical bills, and while this is not common, it does occur. In addition, certain medical providers may accept letters of protection on the settlement of a liability case when issued by an attorney.
Q: What is medical malpractice?
A: Medical malpractice occurs when a licensed health care professional such as a physician performs a wrongful act or omission during the course of treatment. In order to constitute medical malpractice, this wrongful act or omission must fall beneath the standard of care of the same type of medical providers in the general geographic area where it occurred. Furthermore, to constitute medical malpractice, there must be damages or, specifically, injuries that flow directly from this wrongful act or omission. In other words, it is not enough that one may have sustained injuries at the hands of a health care professional if these injuries were caused by the disease process, underlying injury or the specific reason that the individual was seeing the health care professional in the first place.
Q: Does another doctor have to state that malpractice has occurred?
A: Under Connecticut law, Connecticut General Statutes §52-190a requires a "good faith" certificate in order for a medical malpractice action to be filed. The basis of this "good faith" certificate is a reasonable belief that malpractice has occurred in any given situation. Without such a certificate, a complaint sounding in medical malpractice or medical negligence may in some circumstances be subject to dismissal.
Q: What is an employee at-will?
A: An employee at-will is a category that most workers and laborers in the United States fall under, as it comprises all of those people that work without a specific contract of employment. While contractual terms may be implied, the general rule is that an individual who is hired to work, without any more representations, will be deemed an employee at-will.
Q: Can an employee at-will be fired at any time for any reason?
A: Generally speaking, an individual without a specific term of employment may be terminated at any time for any reason that is not in violation of public policy, the Connecticut Fair Employment Practices Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act or the Federal Discrimination Statutes. Nevertheless, in certain contexts, promises are made to employees during the course of their work which must be kept, and in other cases memos, correspondences and oral assurances to employees may constitute implied contractual terms. Further, should any action by an employer have a disparate impact on a protected class of individuals, then that conduct may be actionable under state and federal law.
Q: What is the CHRO?
A: The "CHRO" is the Connecticut Commission on Human Rights and Opportunities. This is an administrative agency that is the state parallel administrative body to the EEOC, which is the Equal Employment Opportunity Commission. Claims for violation of federal discrimination laws or violation of The Americans with Disability Act or the Age Discrimination and Employment Act must be brought to the CHRO prior to filing a civil lawsuit. The time periods for filing a complaint with the CHRO are very stringent and, generally speaking, have to be done within 180 days of the wrongful employment action.
lnk