From the standpoint of having seen first hand the impact that a bicycle collision with a motor vehicle produces some thoughts come to mind about reducing the frequency and severity of the crashes. Motor vehicle – Bicycle crashes occur most often when either the cyclist or driver is turning or crossing an intersection or driveway. Accordingly, the cyclist needs to avoid a number of risk factors that can add to the probability of the collision occuring in the first instance. These would include cycling against traffic, running red lights and reducing speed at intersections where oncoming traffic might decide to turn and thereby unexpectingly crossing one’s path. With that said, it should be at least noted that in Connecticut, a bicyclist is entitled to the same protections, privileges and rights of way as a motor vehicle operators. The same traffic rules apply to each.
In Connecticut as well as many other Jurisdictions, in the case of accidental deaths whether occuring on the job, while operating a motor vehicle or opertaing machinery or simply the result of substandard medical care lawsuits may be initiated on behalf of those killed. Legally, this may be accomplished through the appointment of an Administrator of the Estate by the Probate Court who then engages legal counsel to investigate and file the lawsuit if warranted by the circumstances.
From a personal injury perspective, wrongful death claims are often complex and challenging cases to pursue, not only for the Law Firm entrusted with this task but also for the family members left behind who must interact with lawyers and provide information and insight into the life of the decedent. In Connecticut, accidental death lawsuits must generally be initiated within two years of the event causing the death in order to fall within the Statute of Limitations period. It is not uncommon for the investigation of such claims to take an extended period of time to complete so prompt retention of an experience lawyer is always helpful and sometimes critical. This is particularly the case when critical evidence or witnesses may no longer be easily ascertainable given any extended delay.
One of the more challenging categories of cases within the field of personal injury are Head injuries, Sometimes alternatively referred to as Brain injuries or Traumatic Brain Injury claims (TBI) these cases are often challenging and complex to pursue. For the Law Firm entrusted with this task of proving these claims while their clients are adjusting to all manner of symptoms ranging from Memory and speech to dizziness and headaches, the effort must be continuous. The importance of monitoring and studying the medical reports, assisting where necessary with making sure that the right specialists are evaluating and treating the clients cannot be overstated. In Connecticut, we have detected to some extent the existence of an institutional bias, even within the medical profession, where the more subtle types of Brain trauma are involved. My office has taken the deposition of well known neurologists tasked with performing an independent medical exam where they insisted that in the absence of evidence on an MRI or CT Scan of a brain injury that post concussive syndrome would simply not be a credible explanation for ongoing neuro psychological difficulties. That expert opinion, much like another, suggesting that a loss of consciousness was necessary to even have a brain injury , is not supportable under current guidlines nor peer reviewed clinical literature.