Category: Legal Strategies

CT Dram Shop Legal Claims

Connecticut makes sellers liable if they sell alcoholic beverages to an intoxicated person who injures a person or property because of the intoxication. Sellers include bars, taverns, restaurants, nightclubs and other establishments that serve alcohol. Under Connecticut statutory law, the maximum an injured person can recover is $250,000 for injuries to a single person and $250,000 in aggregate for injuries to more than one person. The law requires that the injured person give notice to the seller within 120 days from the date of the incident. This 120 day notice is absolutely critical to meet. If notice is not given within 120 days, the injured person loses the right to bring a Dram Shop action against the seller. Furthermore, the notice must contain specific information that meets the criteria set forth in the statute. If the notice does not contain the necessary information it may be fatally defective and the Dram Shop claim will be barred. The lawsuit must be brought within one year.

The notice requirements and strict time deadlines contained within the Dram Shop Act provide a powerful example of why contacting an attorney immediately after being seriously injured is so important. It allows our attorneys to preserve all your legal rights in order to maximize your financial recovery.

Share
Read More

Preserving Evidence – Truck Accidents

Truck accident cases are typically more complex than the average automobile accident case. Practically, truck accident cases are more difficult to handle because there is typically more at stake. A recent Jury Verdict Research nationwide study looked at truck accidents from 1996 to 2005 and found that the average compensation award of these verdicts was $90,000. In contrast, the average personal injury verdict was $38,461.
If there is a liability dispute, there is a wealth of data that may be available to assist in proving that the truck driver was negligent. It is critical that this evidence be preserved. At the outset of the claim, we send out broad requests to preserve all documents, equipment, photographs, data and other items related to the accident. We also ask and demand certain specific information including:

1. Black box data;
2. Truck driver’s personnel file and driving history;
3. All statements obtained from investigation of the truck accident;
4. The truck driver’s log for the last two years (which must be kept per 49 C.F.R. 395.8 and 395.15);
5. The truck driver’s qualification file as required by 49 C.F.R. 391-51;
6. GPS and/or other tracking data; and
7. The truck’s maintenance and repair history.

This is done to fully and properly investigate, prove and if needed try the case before a jury. If you have been injured in a truck accident, please contact us so that one of our Connecticut personal injury lawyers can evaluate your claim and take all necessary steps to preserve the evidence.

Share
Read More