How a Personal Injury Case Works

The Personal Injury Claim Process — Overview

A personal injury case in Connecticut typically moves through the following stages:

1. 1.

   Free consultation — You contact us, we review your situation, and we tell you honestly whether you have a claim worth pursuing.

2. 2.

   Investigation and evidence preservation — We gather and preserve the evidence that proves your case before it disappears.

3. 3.

   Medical treatment and documentation — You focus on getting better; we document your injuries and their impact.

4. 4.

   Demand and negotiation — We send a demand to the at-fault party's insurer and negotiate a fair settlement.

5. 5.

   Filing suit — If the insurer refuses to settle fairly, we file a lawsuit in Connecticut Superior Court.

6. 6.

   Discovery — Both sides exchange information, take depositions, and build their cases.

7. 7.

   Mediation and continued negotiation — The court typically requires mediation before trial — many cases resolve here.

8. 8.

   Trial — If no settlement is reached, we present your case to a judge or jury.

9. 9.

   Resolution and payment — Once your case resolves — by settlement or verdict — we secure your payment and distribute the funds.

Most personal injury cases in Connecticut resolve at the negotiation or mediation stage — before trial. But we prepare every case as if it will go to trial, because insurers settle more favorably when they know the firm opposing them is ready and willing to try the case.

Free Consultation — No Obligation

• —The date, location, and basic facts of the accident
• —The names and insurance information of the at-fault party, if you have them
• —Any police or accident reports you have received
• —A summary of your injuries and the medical treatment you have received so far
• —Any photos, videos, or witness information from the accident scene

You will always speak directly with a licensed attorney. Call us 24/7 at (860) 589-8000 or submit your case online for a free evaluation.

Investigation and Evidence Preservation

Once we agree to represent you, we begin investigating your case immediately. This is one of the most time-sensitive parts of the process — critical evidence can disappear quickly after an accident.

What We Investigate

The specific investigation depends on the type of accident:

• —In car and truck accidents: police reports, accident reconstruction, black box data, dashcam footage, surveillance video, driver logs, and vehicle inspection records
• —In truck accidents: Federal Motor Carrier Safety Administration (FMCSA) compliance records, hours-of-service logs, driver qualification files, and trucking company maintenance records
• —In train and bus accidents: event data recorders, signal records, operator logs, and federal safety agency inspection records
• —In slip and fall and premises liability cases: incident reports, inspection logs, maintenance records, and prior complaint history
• —In product liability cases: the defective product itself, design documents, manufacturing records, and prior incident reports

Preservation Letters

In many cases — particularly truck accidents, train accidents, and premises liability cases — we send legal preservation letters to the at-fault party immediately after we are retained. These letters formally demand that the opposing party preserve all evidence relevant to your claim. If they destroy evidence after receiving a preservation letter, that destruction can be used against them at trial.

Working With Experts

Depending on the nature of your case, we may engage accident reconstruction experts, medical experts, economic experts, or industry-specific technical experts to strengthen your claim. Founding partner Edward Jazlowiecki's background in Chemical Engineering is a direct advantage in cases involving vehicle dynamics, mechanical failure, industrial accidents, or toxic exposure.

Medical Treatment and Documentation

Your health is the priority. While we handle the legal work, your job is to follow your doctors' recommendations and complete your medical treatment. Do not stop treatment early because you think the case is progressing — gaps in treatment are one of the main tools insurers use to reduce the value of your claim.

Why Medical Documentation Matters

The value of your personal injury claim is directly tied to the documented evidence of your injuries and their impact on your life. We will gather:

• —All medical records related to your injury — emergency room records, surgical notes, therapy records, and follow-up visits
• —Bills and receipts for all medical expenses
• —Records of prescription medications and medical equipment
• —Documentation of missed work days and lost income
• —Expert opinions on future medical needs and long-term limitations

We handle all medical record requests and coordinate with your healthcare providers so you can focus on recovery.

Reaching Maximum Medical Improvement

In most cases, we wait until you have reached Maximum Medical Improvement (MMI) — the point at which your condition has stabilized and your doctors can give a reliable prognosis — before sending a demand to the insurer. Settling before MMI risks undervaluing your claim, because the full extent of your injuries and future needs may not yet be known.

Demand and Negotiation

Once the investigation is complete and you have reached MMI, we prepare a comprehensive demand package and send it to the at-fault party's insurance company. The demand package includes:

• —A detailed narrative of how the accident happened and why the defendant is liable
• —A complete summary of your injuries, medical treatment, and prognosis
• —All medical records and bills
• —Documentation of lost wages and other economic damages
• —A calculation of your pain and suffering and other non-economic damages
• —A demand for a specific settlement amount

Insurance Company Tactics

Insurance companies are in the business of paying as little as possible. Common tactics include:

• —Disputing liability — arguing the accident was your fault or that their insured was not negligent
• —Disputing the extent of injuries — arguing your injuries are pre-existing or less severe than claimed
• —Making low initial offers — hoping you will accept far less than your case is worth
• —Delaying the process — hoping financial pressure will force you to accept a low settlement
• —Contacting you directly — attempting to get recorded statements or early settlements before you have legal representation

Never give a recorded statement to the at-fault party's insurer without first speaking with an attorney. Once a statement is given, it cannot be taken back — and insurers are skilled at asking questions in ways designed to minimize your recovery.

Our Negotiation Approach

We negotiate from a position of strength. Insurers know which firms are willing to go to trial and which are not. Our 50-year track record of significant verdicts and settlements — including multi-million dollar results in complex mass transportation cases — means opposing counsel and insurers take our demands seriously.

Filing Suit

If negotiations do not produce a fair settlement, we file a lawsuit in Connecticut Superior Court. Filing suit does not mean the case will go to trial — the vast majority of cases settle after suit is filed, often during the discovery process or at mediation. But filing suit is necessary to access the full range of legal discovery tools and to set the stage for trial if needed.

The Statute of Limitations

In Connecticut, the statute of limitations for most personal injury cases is 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). Missing this deadline almost always means losing the right to pursue your claim permanently — regardless of how strong the case is. Do not wait.

Some cases have shorter deadlines:

• —Claims against government entities (cities, towns, the state) may require notice within 90 days of the accident under CT Gen. Stat. § 13a-144
• —Mesothelioma and asbestos claims: three years from date of diagnosis (§ 52-584)
• —FELA claims (railroad workers): three years from date of injury

Discovery

Discovery is the formal process by which both sides in a lawsuit exchange information. In Connecticut Superior Court, discovery typically includes:

Written Discovery

• —Interrogatories — written questions that the opposing party must answer under oath
• —Requests for Production — demands for documents, records, photographs, and data
• —Requests for Admission — requests that the opposing party admit or deny specific facts

Depositions

Depositions are sworn, out-of-court testimonies taken by attorneys. We will depose the at-fault party, eyewitnesses, and the opposing party's expert witnesses. You will also be deposed by the defense — we prepare you thoroughly for your deposition so you can give clear, accurate testimony.

Expert Disclosure

Both sides disclose their expert witnesses during discovery. We work with medical experts, accident reconstruction specialists, economists, and industry-specific technical experts to build the strongest possible case. Opposing experts are subject to deposition and cross-examination.

Mediation and Continued Negotiation

Trial

If no settlement is reached, we present your case to a judge or jury in Connecticut Superior Court. Trial is the exception — most personal injury cases settle before reaching this stage — but it is the foundation that makes everything else possible. Insurers only settle fairly when they respect the firm on the other side of the table.

What to Expect at Trial

• —Jury selection — both sides participate in selecting the jury that will decide your case
• —Opening statements — each side presents its theory of the case
• —Plaintiff's case — we present your evidence, call your witnesses, and examine expert testimony
• —Defense case — the defendant presents their evidence and witnesses
• —Closing arguments — each side summarizes the evidence and argues for the outcome they seek
• —Jury deliberation and verdict — the jury considers the evidence and reaches a decision

Connecticut follows a modified comparative negligence rule — if the jury finds you more than 50% at fault for the accident, you cannot recover. If you are 50% or less at fault, your recovery is reduced by your percentage of fault. Defense attorneys will attempt to attribute fault to you; our job is to prevent that.

Resolution and Payment

Once your case resolves — whether by settlement or jury verdict — we handle the closing process:

Settlement

If the case settles, the defendant's insurer pays the agreed amount to our firm in trust. We then:

• —Satisfy any outstanding medical liens — hospitals, health insurers, and Medicare or Medicaid may have liens on your recovery for medical bills they paid
• —Deduct our contingency fee — our fee is a percentage of the gross recovery, agreed in writing at the outset of the representation
• —Deduct any case expenses advanced — filing fees, expert fees, court reporter fees, and other costs we paid on your behalf
• —Distribute the net proceeds to you — you receive the balance

We walk you through every line of the settlement distribution statement so you understand exactly where the money goes.

Verdict

If the case goes to trial and the jury returns a verdict in your favor, the defendant must pay the judgment amount. In some cases — particularly where the defendant has limited insurance or assets — collecting on a judgment requires additional steps. We advise you on collection options and, where relevant, pursue all available sources of recovery.

Timeline

The honest answer on timeline is: it depends. Simple cases with clear liability and straightforward injuries can resolve in months. Complex cases — mass transportation disasters, multi-party claims, catastrophic injury cases — can take two to four years or more. We keep you informed throughout the process and never pressure you to accept a settlement that undervalues your case.

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