Sabatini and Associates, LLC

Attorney James Sabatini recently secured a $100,000.00 settlement for his client who was injured in a motor vehicle collision.  The collision happened in Connecticut approximately one year before the settlement was obtained.  The case was filed in state superior court.  The case settled soon after the client was deposed.  The client’s performance in his deposition had a positive effect on obtaining the settlement figure.  In advance of the client’s deposition, Attorney Sabatini spent significant time with his client in preparing him for the deposition.  It is absolutely critical that a client be thoroughly prepared for the deposition.  The preparation includes the following; (1) going over the basic rules to follow during the course of the deposition; (2) reviewing all medical records to ensure that the client’s testimony is consistent with the medical records; (3) reviewing the police report and answers to interrogatories; (4) going through a mock deposition where the attorney asks the questions that are expected to be asked by the insurance defense lawyer.  The preparation ensures that the deposition will go well for the client which in turn increases the chances the case will settle for maximum value or that if there is a trial, the client’s deposition testimony will not be used against him.

Attorney James Sabatini has reached another settlement for his client involved in a car accident that left little visible property damage.  Cases involving little visible property damage are challenging.  The lack of visible property damage provides the defense lawyer with a simple and easy argument- if there is no significant property damage, how can there be a real injury?  There are multiple ways in which to counter such an argument.  One, while there may be little visible property damage, has there been an inspection of the vehicle behind the bumper cover.  In many instances, the damage from the collision is covered by the bumper guard. Two, did anyone hear a noise caused by the impact? If the answer is yes, then the impact was significant enough to cause a noise. Three, did the impact cause the body of the occupant of the vehicle to be moved. If yes, then the impact was significant and real. Four, was the defendant surprised by the lack of damage to his car. If yes, then the impact was significant. Five, did the injured person have any prior injuries/accidents or subsequent injuries/accidents involving the same body part claimed to be injured in the present collision. If the answer is no, it is a powerful argument that through a process of elimination, only the subject collision could have caused the injuries. Six, do you have a credible doctor supporting the person’s claim of injury? If you do  not, the chances of success are seriously if utterly damaged.  These are some but not all of the items used to take a case that is perceived to be weak by the insurance company and transform itin to a case of strength resulting either in a strong settlement or well positioned for a successful outcome at trial.

Sabatini & Associates, LLC has been retained by a client who sustained a torn rotator cuff injury as a result of defective stairs.  The injury requires surgery.  The incident took place at the client’s place of work at a building owned by her employer. The building was maintained by a management company.  Consequently, not only does she have a workers’ compensation claim, but she also has a negligence claim against the property management company. 

This case is another example of why a person who suffers an injury at work should consult our attorneys.  In many instances, the person is under the impression that since the injury happened at work the only legal claim is a workers’ compensation claim.  This is not always the case.  In fact, in many instances there is a negligence claim against a third party.  Such a claim is extremely important because the claim can fully compensate the person for her injuries.  Workers’ compensation provides limited compensation. For example, workers compensation does not provide compensation for physical pain and suffering.

Sitting in the doctor’s examination room for the first time following a car accident, your attention will be focused, understandably so, on the injuries from the car accident.  However, make sure when the doctor asks you about your prior medical history that you tell the doctor about any prior problem to the same or similar body part that is now injured from the car accident.  For example, if you are complaining of left knee pain following the car accident and five years earlier you suffered from a left knee problem, make sure you disclose that information to the doctor.  By disclosing the information, the doctor will include the information in his treatment records and more importantly the doctor will be able to determine what injuries were caused by the car accident, what pre-existing conditions may have been aggravated by the car accident, and what conditions may be unrelated to the car accident.  If you do not disclose the information, you will face two large problems in your personal injury claim.  Problem one – the defense attorney for the insurance company will paint you as a liar.  The insurance lawyer’s argument will be that you intentionally failed to disclose the information to your doctor because you wanted the doctor to connect all your health problems to the car accident so you could get more money.  Problem two – your doctor may have to change his opinions about what injuries were caused by the car accident after he already committed to certain opinions in his medical records.  So avoid all of this by fully disclosing any prior injury or condition.  If you do forget to tell your doctor about the prior condition or injury, as soon as you remember the prior history, contact the doctor and disclose the information.  When it comes time to settle or go to trial on your car accident you will be happy that you made the full disclosure.

Injured plaintiffs who have active personal injury claims or lawsuits should stay away from Facebook and other social networking sites until the case is over. Why? because the insurance company maybe monitoring your social networking activity including the photos and videos you post. And if any of the photos, videos or comments you post contradict your injury claim, you can bet that the insurance company will use it against you to seriously diminish the value of your case. For example, if you are claiming that a back injury from a car accident now prevents you from playing basketball, you cannot post videos of yourself shooting hoops. You cannot tweet how you just finished a pick up basketball game. If you claim that your physical injuries have caused great emotional distress in your life, you cannot tweet or post video of yourself having the time of your life in Cancun. So err on the side of caution and stop using Facebook, Twitter and other social networking sites until your case is over.