Author: James Sabatini

James Sabatini is a Connecticut trial lawyers practicing personal injury law.

About James Sabatini

James Sabatini is a Connecticut trial lawyers practicing personal injury law.

Here are my most recent posts

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.

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Motorcycle Accident Injures Bicyclist – Bristol CT

A 53-year-old bicyclist who suffered head injuries Tuesday in a collision with a motorcycle has improved to stable condition. The bicyclist is hospitalized at Hartford Hospital. He was flown to the hospital by LifeStar on Tuesday evening after the crash at Enterprise Drive and Horizon Drive.

The cause of the accident and who if anyone was at fault have not be disclosed by the police. The crash remains under police investigation. According to police reports, neither person was wearing a helmet. Helmets are crucial in protecting motorcyclists and bicyclists from serioius head injuries. Connecticut law presently does not require motorcyclists to wear helmets. To read more about motorcycle safety and accident prevention, click here.

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Ortho Evra Birth Control Patch – Ohio’s Pain and Suffering Caps

A woman who says she suffered life-threatening blood clots from a birth control medication wants the Ohio Supreme Court to declare the state’s cap on pain-and-suffering awards unconstitutional.

The court on Tuesday planned to hear arguments in the lawsuit filed by Melisa Arbino of Cincinnati over the Ortho Evra Birth Control Patch, which she contends caused permanent physical damage and threatens her ability to have children in the future.

The challenge to a 2005 law limiting pain-and-suffering awards is the first to reach the court. It is being closed watched across the country by companies who support the concept of caps and attorneys representing injured people.  Read more about the ortho evra birth control patch and the case before the Ohio Supreme Court.

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Traumatic Brain Injury

Though traumatic head injuries (TBI) are not always objectively apparent at the time of accident, common indications that TBI may result are loss of consciousness, inability to recall events immediately before or after the accident and alteration in mental state immediately following, such as feeling dazed, disoriented, or confused.

After an accident, common symptoms of TBI in adults are the following:

? persistent neck pain
? ringing in the ears (tinnitus)
? lapses in attention, perception, judgment or information processing
? difficulty with memory, concentration, or decision making
? trouble with cognition, abstract concepts, and time and space relationship
? limitations on reading and writing skills
? slowness in thinking, speaking or taking action
? getting lost or easily confused
? persistent low-grade headaches
? feeling tired all the time, lacking energy or motivation
? problems associated with sleep, such as insomnia or oversleeping
? reduced strength, endurance and coordination
? feeling light-headed or dizzy
? onset of seizures
? volatility in your mood – apathy, irritability, anxiety and/or depression
? difficulty maintaining your balance
? increased sensitivity to sounds, light or distractions
? blurred vision
? reduction of sense of smell or taste

Because children are less aware of their habits and normal functioning than adults, it is important for adults to monitor children carefully if it is suspected that they are suffering from a TBI. Symptoms to look for in children include:

? loss of energy or tiring easily
? reduced interest in favorite toys or activities
? irritability or crankiness
? changes in eating or sleeping patters
? changes in the manner in which the child plays, both alone and with others
? difficulties in school
? deterioration of recently learned skills
? loss of balance, or instability while walking

The exact effects on an individual who suffers a TBI will vary greatly, depending on the force of impact the brain suffered and the location(s) of the injury on the brain. It is important to obtain a thorough medical examination following any accident so as to immediately determine all injuries received. To appreciate the extent of the injury, it is helpful to understand medical scales used to measures injuries involving TBI.

The Glasgow Coma Scale relates a patient’s ability to open his/her eyes, and respond to verbal commands and responses. Each level of response indicates the degree of brain activity.

Glasgow Coma Scale

Eyes Score

Open spontaneously 4

Open to verbal command 3

Open to pain 2

No response 1

Best motor responses to verbal command

Obeys verbal command 6

Best motor responses to painful stimulus

Localizes pain 5

Flexion – withdrawal 4

Flexion – abnormal 3

Extension 2

No response 1

Best verbal response

Oriented and converses 5

Disoriented and converses 4

Inappropriate words 3

Incomprehensively sounds 2

No response 1

The lowest score is a 3 and indicates no response from the patient. A person who is alert and oriented would be rated at 15.

In cases involving Traumatic Brain Injury, it is essential that measures be taken promptly to preserve evidence, prove the nature and extent of your injuries and to enable expert medical witnesses to support the cause of your injuries.?

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Products Liability Law – An Overview

Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain). Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits. While products are generally thought of as tangible personal property, products liability has stretched that definition to include intangibles (gas), naturals (pets), real estate (house), and writings (navigational charts).

Products liability claims can be based on negligenc, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based. Many states have enacted comprehensive products liability statutes. These statutory provisions can be very diverse such that the the United States Department of Commerce has promulgated a Model Uniform Products Liability Act (MUPLA) for voluntary use by the states. There is no federal products liability law.

Connecticut has a state product liability law as set forth in Connecticut General Statute Section 52-572m, et seq. Pursuant to Connecticut General Statute Section 52-577a, a product liability claim must be brought within three years from the date of injury or death. There are a few specific exceptions to this 3 year statute of limitations.

In any jurisdiction, including Connecticut, one must prove that the product is defective. There are three types of product defects that incur liability in manufacturers and suppliers: design defects, manufacturing defects, and defects in marketing. Design defects are inherent; they exist before the product is manufactured. While the item might serve its purpose well, it can be unreasonably dangerous to use due to a design flaw. On the other hand, manufacturing defects occur during the construction or production of the item. Only a few out of many products of the same type are flawed in this case. Defects in marketing deal with improper instructions and failures to warn consumers of latent dangers in the product.

Products Liability is generally considered a strict liability offense. Strict liability wrongs do not depend on the degree of carefulness by the defendant. Translated to products liability terms, a defendant is liable when it is shown that the product is defective. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for the harm and damages that the defect has caused.

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