Sabatini and Associates, LLC

• Claimant’s name, address and telephone number.

• A description of the accident of occurrence giving rise to the claim.

• A description of the property damage and/or personal injuries suffered.

The failure to provide written notice within 90 days or the failure to provide adequate written notice will destroy the ability to bring a successful claim in Court.  It is not sufficient for purposes of written notice that a police report or incident report was generated.  For all the reasons above, it is important to contact a lawyer immediately after the incident and for the lawyer to provide proper and timely written notice of the claim.

Attorney Vincent Sabatini has obtained a $278,000 settlement for an elderly client who fell and suffered a fractured hip.  The client was at a day care facility for adults requiring supervision.  At the time of the fall, no one was supervising the client.  The defendant denied liability.  Only after extensive discovery efforts did the defendant recognize its liability and agree to settle the case for a fair and just amount.

If you have been injured as a result of a Connecticut town’s or city’s defective sidewalk, you must give written notice of the claim within 90 days of the accident to the town.  If proper written notice is not given within 90 days, you will be prohibited from bringing a lawsuit against the town or city.  The written notice must be filed with the town or city clerk.  The written notice must identify the injury, describe the injury, describe the cause of the injury (i.e. the nature and substance of the defect or hazrad), the date and time of the incident, and the location of the incident.  This crucial notification requirement is another example why it pays to retain a Connecticut personal injury lawyer soon after an accident.

Cases involving falls on defective city or town sidewalks have short notice periods for any claim against the city. Under Connecticut General Statutes Section 13a-149,written notice with certain required information must be given to the clerk of the city, town or borough responsible for maintaining the sidewalk, within 90 days of the incident. Because of the short time deadline, it is important to retain an attorney immediately. If proper written notice is not filed within 90 days from the date of the injury, you will be prohibited from bringing a lawsuit against the responsible town or city.

Winter walking safety tips, courtesy of the National Highway Traffic Safety Administration (NHTSA):

• “If the sidewalks and walkways are impassable and you have to walk in the street, walk against traffic and as close to the curb as you can.
• Proper gear is a must but wearing dark “winter” colors can make it difficult for motorists to see you. Wear a brightly-colored scarf or hat or reflective gear, especially if you have to walk in the street. Don’t forget gloves and footgear with non-slip soles.
• Snow that has accumulated into drifts can muffle the sounds of approaching motor vehicles. Hats and scarves that cover your ears can muffle or even block these sounds. Keep warm, but dress so that you can hear what’s going on around you.
• If you can, shop before the storm hits. If you must shop, don’t buy more than you can easily carry. Remember — the sidewalks and streets are slippery and carrying heavy packages can impair your balance.
• When traveling with babies or small children, make sure they are dressed in brightly-colored or reflective clothing.
• If you have to push a stroller or walk in the street, the child should be in front of you and as close to the curb as possible.
• Snow and ice may keep motorists from stopping at traffic signals or slowing down for pedestrians. Before you step off of the curb into the street, make sure that any approaching vehicles have come to a complete stop.
• Bending your knees a little and taking slower steps can greatly reduce your chances of falling.”