Question 1

Do I have a personal injury case?

Accepted Answer

To have a personal injury case in Connecticut, three things generally need to be true: (1) someone owed you a duty of care, (2) they breached that duty through negligence or wrongful conduct, and (3) that breach caused your injuries and damages. The best way to know whether you have a viable claim is to speak with an attorney. Our consultations are free and there is no obligation.

Question 2

How much does it cost to hire a personal injury attorney?

Accepted Answer

Nothing upfront. Jazlowiecki & Jazlowiecki LLC handles personal injury cases on a contingency fee basis — our fee is a percentage of the recovery we obtain for you, and we only get paid if we win. We also advance the costs of litigation and deduct those from the recovery at the end. If we do not recover for you, you owe us nothing.

Question 3

What should I do immediately after an accident?

Accepted Answer

The steps you take in the hours and days after an accident can significantly affect your legal claim: Seek medical attention immediately — even if you feel fine, some injuries (concussions, internal injuries, whiplash) are not immediately apparent Call the police and get a copy of the police or accident report Document the scene — photograph the vehicles, the road, any hazardous conditions, and your visible injuries Get the names and contact information of witnesses Get the other party's name, insurance information, and license plate number Do not give a recorded statement to the opposing insurer without first speaking with an attorney Contact a personal injury attorney as soon as possible — evidence is best preserved early

Question 4

Should I talk to the other driver's insurance company?

Accepted Answer

No — not without first speaking with an attorney. Insurance companies begin building their defense immediately after an accident. Their adjusters are trained to ask questions in ways designed to minimize the value of your claim. A statement you make in the days after an accident — before you fully understand the extent of your injuries — can be used against you throughout the litigation. Let your attorney handle all communications with the opposing insurer.

Question 5

What if I already gave a recorded statement to the insurance company?

Accepted Answer

Contact an attorney immediately. A recorded statement can complicate your case but it does not necessarily end it. An experienced attorney can assess what was said, identify any inconsistencies or mischaracterizations, and develop a strategy to address the statement in the context of your overall claim.

Question 6

How long do I have to file a personal injury claim in Connecticut?

Accepted Answer

Connecticut's statute of limitations for personal injury is generally two years from the date of injury (CT Gen. Stat. § 52-584). For wrongful death cases, it is two years from the date of death (§ 52-555). Some cases have shorter deadlines: Claims against government entities (cities, towns, the state): notice may be required within 90 days of the accident under CT Gen. Stat. § 13a-144 Mesothelioma and asbestos-related disease: three years from date of diagnosis FELA claims (railroad employees): three years from date of injury Amtrak passenger claims: federal provisions may impose additional notice requirements Missing a deadline almost always means permanently losing the right to pursue your claim — regardless of how strong the case is. Do not wait to contact an attorney.

Question 7

How does a personal injury case work in Connecticut?

Accepted Answer

A personal injury case typically moves through these stages: free consultation, investigation and evidence preservation, medical treatment and documentation, demand and negotiation with the insurer, and — if a fair settlement cannot be reached — filing suit, discovery, mediation, and trial. Most cases resolve without going to trial.

Question 8

How long will my case take?

Accepted Answer

It depends on the complexity of the case, the severity of your injuries, and how cooperative the opposing insurer is. Simple cases with clear liability can resolve in three to six months. Cases involving catastrophic injuries, disputed liability, multiple defendants, or complex damages can take two to four years or more. We will give you an honest timeline estimate based on the specific facts of your case and keep you informed throughout.

Question 9

Do I have to go to court?

Accepted Answer

Most personal injury cases in Connecticut resolve through negotiated settlement or mediation — without going to trial. However, the willingness and ability to go to trial is what gives your attorney leverage in negotiations. We prepare every case as if it will go to trial, which is why insurers take our demands seriously. Whether your case goes to trial depends on whether a fair settlement can be reached.

Question 10

What is a contingency fee and how does it work?

Accepted Answer

A contingency fee is a fee arrangement in which the attorney's fee is contingent on winning the case — if there is no recovery, there is no fee. The fee is a percentage of the gross recovery, agreed in writing at the start of the representation. At the conclusion of the case, we deduct our fee and any advanced costs from the recovery and distribute the net proceeds to you. We walk you through every line of the settlement distribution statement.

Question 11

What is the difference between a settlement and a verdict?

Accepted Answer

A settlement is a negotiated agreement between the parties in which the defendant (or their insurer) pays an agreed amount in exchange for the plaintiff releasing all future claims. A verdict is the result of a trial — a judge or jury decides the outcome and determines the amount of compensation, if any. Most cases settle; relatively few go all the way to a jury verdict. Both a settlement and a favorable verdict result in compensation for you.

Question 12

What is mediation and do I have to participate?

Accepted Answer

Mediation is a confidential dispute resolution process in which a neutral third-party mediator helps the parties negotiate a resolution. Connecticut courts require most civil cases to go through mediation before trial. The mediator does not decide the case — they facilitate discussion. You do participate in mediation, but your attorney guides you through the process. Many cases that did not settle earlier resolve at mediation.

Question 13

What happens if the at-fault party has no insurance or not enough insurance?

Accepted Answer

Connecticut law requires drivers to carry uninsured motorist (UM) and underinsured motorist (UIM) coverage, which protects you when the at-fault driver has no insurance or insufficient insurance. We will identify all available sources of recovery — including your own UM/UIM policy, the at-fault driver's employer's insurance in commercial vehicle cases, and any other potentially liable parties.

Question 14

What compensation can I recover in a personal injury case?

Accepted Answer

Connecticut personal injury law allows injured victims to recover: Medical expenses — past and future emergency care, surgery, hospitalization, physical therapy, and rehabilitation Lost wages — income lost due to the injury, including time off work during recovery Reduced future earning capacity — if your injury permanently limits your ability to work Pain and suffering — physical pain and emotional distress caused by the injury Permanent disability or disfigurement Loss of consortium — the impact of your injury on your relationship with your spouse or family Wrongful death damages — if a family member was killed through another's negligence Punitive damages — in cases involving particularly egregious conduct, designed to punish the defendant

Question 15

What if I was partially at fault for the accident?

Accepted Answer

Connecticut follows a modified comparative negligence rule. If you were 50% or less at fault for the accident, you can still recover compensation — but your recovery is reduced by your percentage of fault. If you were more than 50% at fault, you cannot recover. The allocation of fault is frequently disputed, and having experienced legal representation is critical to preventing the defense from overstating your share of responsibility.

Question 16

How is the value of a personal injury case determined?

Accepted Answer

The value of a personal injury case depends on several factors: the severity and permanence of your injuries, the total of your medical expenses (past and projected future), your lost wages and reduced earning capacity, the degree of pain and suffering, and the strength of the liability case against the defendant. Insurance policy limits also affect what can practically be recovered. We assess all of these factors and pursue the full value of your claim.

Question 17

Should I accept the insurance company's first settlement offer?

Accepted Answer

Almost certainly not. Insurance companies make early settlement offers before the full extent of your injuries is known and before you have legal representation. Early offers are almost always far below what a seriously injured person is entitled to. Once you sign a release, you give up all future rights to compensation — even if your injuries turn out to be more serious than initially understood. Never accept a settlement offer without first consulting an attorney.

Question 18

What is a lien and how does it affect my settlement?

Accepted Answer

A lien is a legal claim against your settlement proceeds by a party that paid for your medical treatment — typically a hospital, health insurer, Medicare, or Medicaid. Lienholders have a right to be reimbursed from your recovery before you receive your share. We handle all lien negotiations on your behalf and work to reduce liens where possible, maximizing the amount you ultimately receive.

Question 19

What makes a truck accident case different from a car accident case?

Accepted Answer

Truck accidents involve federal regulations (FMCSA rules), multiple potentially liable parties (the driver, the trucking company, the cargo loader, the manufacturer), and larger insurers with experienced defense teams. Evidence — including the truck's black box, driver logs, and Electronic Logging Device (ELD) data — must be preserved immediately.

Question 20

What is an Electronic Logging Device (ELD) and why does it matter?

Accepted Answer

An ELD is a device installed in commercial trucks that automatically records driving time, on-duty status, speed, and location. Since December 2017, most commercial trucks are required by federal law to use ELDs. ELD data is among the most powerful evidence in a truck accident case — it can show whether the driver violated Hours of Service regulations, how fast the truck was traveling, and how the driver responded in the moments before the crash. ELD data can be overwritten in as little as six months; acting quickly to preserve it is critical.

Question 21

Can I sue the trucking company even if the driver was an independent contractor?

Accepted Answer

Often yes. Connecticut courts look at the actual control exercised over the driver — not just the label in the contract. Many trucking companies classify drivers as independent contractors to limit liability, but if the company controlled the driver's schedule, routes, or equipment, the courts may still hold the company liable. This is a key area where experienced representation matters.

Question 22

What are Hours of Service (HOS) regulations and how do violations affect my claim?

Accepted Answer

The FMCSA's Hours of Service regulations set strict limits on how long a commercial truck driver can drive before mandatory rest — including an 11-hour daily driving limit after 10 consecutive hours off duty. When a driver violates HOS rules and causes an accident, the legal doctrine of negligence per se may apply — the violation itself constitutes negligence. HOS violations dramatically strengthen an injury claim.

Question 23

What if the truck that hit me was overloaded?

Accepted Answer

Federal law imposes strict weight limits on commercial trucks (80,000 pounds gross vehicle weight maximum). Overloading a truck extends stopping distances, increases the risk of tire blowout and rollover, and constitutes negligence per se when it contributes to an accident. Both the trucking company and the cargo loader may bear liability.

Question 24

Is suing Amtrak different from suing a private railroad?

Accepted Answer

Yes. Amtrak is a federally chartered corporation and claims against it are governed by specific federal statutes, including the Amtrak Reform and Accountability Act, which may impose damage caps in certain circumstances. The procedures differ from standard Connecticut personal injury litigation.

Question 25

I was a railroad employee injured on the job. Can I file a workers' compensation claim?

Accepted Answer

No. Railroad employees injured in the course of their work must pursue claims under the Federal Employers' Liability Act (FELA), not workers' compensation. FELA allows injured workers to recover full damages — including pain and suffering — if the railroad's negligence contributed even slightly to the accident. FELA has a three-year statute of limitations.

Question 26

The crossing signals were working but I was still hit by a train. Can I still have a claim?

Accepted Answer

Possibly. A working signal does not automatically bar a claim. If the crossing approach was poorly designed, sightlines were obstructed, the signal placement made it hard to see, or the train was traveling at excessive speed, the railroad or the government entity responsible for the crossing may still bear liability.

Question 27

I was near a freight train derailment and exposed to chemicals. Do I have a claim even though I was not in a collision?

Accepted Answer

Yes. Freight derailments involving hazardous materials can affect bystanders, nearby residents, and first responders through toxic air releases, contaminated water, fires, and explosions. You do not need to have been physically present at the accident site.

Question 28

I was exposed to asbestos decades ago and have just been diagnosed with mesothelioma. Is it too late to file a claim?

Accepted Answer

No. Connecticut's statute of limitations for mesothelioma is three years from the date of diagnosis — not from the date of exposure. Workers exposed 40 or 50 years ago are filing valid claims today.

Question 29

What is an asbestos bankruptcy trust and how do I file a claim?

Accepted Answer

Many companies that manufactured or sold asbestos-containing products have filed for bankruptcy and established trust funds to compensate victims. There are currently over 60 active trusts holding more than $30 billion in compensation. Workers at Connecticut facilities such as Electric Boat, Pratt & Whitney, and Sikorsky typically qualify for multiple trust fund claims simultaneously. Trust claims are independent of civil litigation and VA benefits.

Question 30

I worked at Electric Boat / Pratt & Whitney / Sikorsky and have mesothelioma. Do I have a case?

Accepted Answer

Quite possibly. All three facilities are documented asbestos exposure sites with well-established litigation histories in Connecticut. Workers in many trades at these facilities were exposed to asbestos from insulation, gaskets, heat shields, adhesives, and other products.

Question 31

My family member worked at an asbestos site and I developed mesothelioma from secondary exposure. Do I have a claim?

Accepted Answer

Yes. Secondary asbestos exposure — where a family member brought asbestos fibers home on work clothing — is a recognised and compensable cause of mesothelioma in Connecticut courts. Family members of workers at Electric Boat, Pratt & Whitney, Sikorsky, and other Connecticut facilities who developed mesothelioma through secondary exposure are entitled to pursue compensation.

Question 32

I am a Navy veteran. What are my options if I have mesothelioma?

Accepted Answer

Veterans have three concurrent pathways: VA disability benefits, asbestos trust fund claims, and civil litigation. Navy personnel who served on submarines built at facilities like Electric Boat in Groton were exposed to asbestos throughout their service. An attorney can help you pursue all three pathways simultaneously.

Question 33

Who can file a wrongful death claim in Connecticut?

Accepted Answer

In Connecticut, a wrongful death claim must be brought by the executor or administrator of the deceased's estate (CT Gen. Stat. § 52-555). The recovery goes to the estate and is distributed to the beneficiaries — typically the deceased's spouse, children, or other close family members — according to Connecticut's intestacy laws or the terms of the will. If no estate has been opened, we can help guide you through that process.

Question 34

What damages can be recovered in a wrongful death case in Connecticut?

Accepted Answer

Connecticut's wrongful death statute allows recovery for the full value of the deceased's life, including: Lost future earnings — what the deceased would have earned over their remaining working life Lost earning capacity — the economic value of services the deceased would have provided to the family Medical expenses incurred before death Funeral and burial expenses Pain and suffering experienced by the deceased before death Loss of the deceased's companionship, guidance, and consortium

Question 35

How long do I have to file a wrongful death claim in Connecticut?

Accepted Answer

Two years from the date of death (CT Gen. Stat. § 52-555). If the death was caused by a government entity, notice requirements may apply within 90 days. Do not wait — contact an attorney immediately.

Question 36

How do I choose the right personal injury attorney in Connecticut?

Accepted Answer

Look for a firm with demonstrated experience in cases like yours — not just general personal injury experience, but specific experience with your type of accident and the defendants you are likely to face. Key factors: Track record of significant verdicts and settlements in similar cases Willingness to take cases to trial — firms that never try cases have less leverage in negotiations Technical expertise relevant to your case — an attorney with a background in engineering or medicine has a genuine advantage in complex cases Direct attorney communication — you should speak with the attorney handling your case, not just support staff Contingency fee basis — you should not pay anything upfront

Question 37

What is the difference between a personal injury lawyer and a mass transportation lawyer?

Accepted Answer

Mass transportation accidents — bus crashes, train derailments, aviation accidents — involve federal law, federal regulatory agencies (FMCSA, FRA, FAA), larger corporate defendants, and more complex multi-party liability than standard car accidents. Not every personal injury attorney has experience with these cases. Jazlowiecki & Jazlowiecki LLC has over 50 years of experience in complex mass transportation litigation, including some of the largest bus and train accident recoveries in Connecticut and Canadian legal history.

Question 38

Why should I choose Jazlowiecki & Jazlowiecki LLC?

Accepted Answer

Jazlowiecki & Jazlowiecki LLC has been protecting the rights of the severely injured in Connecticut since 1974. Founding partner Edward Jazlowiecki holds a degree in Chemical Engineering in addition to his law degree — a qualification that gives the firm a technical understanding of vehicle dynamics, mechanical failure, industrial processes, and toxic exposure that most personal injury attorneys do not have. Our results include a $72 million recovery for victims of the Lac-Megantic train disaster and a $36 million settlement for victims of the Windsor Wildcats bus crash, both global multi-party settlements. We work on a contingency fee basis — no fee unless we win.

Personal Injury FAQ