A wrongful death claim enables the estate or family of a person killed because of negligence the ability to recover damages from the responsible parties. Wrongful death lawsuits are a function of state law. In Rhode Island, for instance, the law states that when a wrongful death claim succeeds against “any person or corporation,” the […]
Author: Humbert Polito
Supreme Court: Tribal employee can be sued
A U.S. Supreme Court decision earlier this week involving a Mohegan Sun limo driver will make it a bit easier to sue employees of Indian tribes in state courts. In an opinion written by Justice Sonia Sotomayor, the unanimous decision overturns a state Supreme Court ruling that said William Clarke, the limo driver, could only […]
Victory in the United States Supreme Court!
Congratulations to James Harrington and our clients as a result of their victory in the United States Supreme Court today. In a unanimous 8-0 decision, the United States Supreme Court reversed the Connecticut Supreme Court in Lewis v. Clarke1, holding that a tribal employee sued in an individual capacity suit for a tort committed off […]
Texting While Driving Often Leads to Fatal Auto Accidents
Although drunk driving tends to get most of the attention, distracted driving is rapidly becoming a more significant threat to public health and safety. The ubiquity of smartphones makes it far too easy for a driver to divert their attention from the road. According to the Centers for Disease Control and Prevention, every day there […]
Is the State Liable for Defective Road Maintenance?
Not all car accidents are the result of driver negligence. Sometimes there is a defect in one of the vehicles that causes the driver to lose control. And sometimes there is a defect in the road itself. CT Court Rejects State’s Attempt to Quash Accident Case Since the State of Connecticut maintains most public roads, […]
What If Multiple Drivers Are Responsible for a Car Accident?
A car accident may be the fault of multiple parties. An injured third party has the right to seek compensation from anyone whose negligence contributed to the accident. Of course, multiple defendants may try blame one another in an attempt to avoid any personal liability. Green Light Not an Automatic Defense to Negligence For example, […]
Not Getting Adequate Sleeps Leads to Dangerous Driving
You probably already know that not getting enough sleep is bad for your health. At the very least, you know how it makes you feel – tired, grouchy, and lethargic. A new study suggests that by not getting adequate sleep, you may be doing more than just putting your health at risk, though; you may […]
Who Is Liable for a Drowning Death?
According to the Centers for Disease Control and Prevention, roughly ten people die in the U.S. every day due to unintentional drowning. In many cases, drowning deaths are the fault of negligent pool operators who fail to maintain proper safety standards. Unfortunately, establishing a premises owner’s liability is often difficult when it is not exactly […]
How Does “Proximate Cause” Affect My Personal Injury Case?
In any personal injury case, the plaintiff must prove the defendant was negligent. More importantly, the defendant’s negligence must be the “proximate cause” of the plaintiff’s injuries. A jury will not award damages if the there is not a direct link between the defendant’s actions (or inactions) and the plaintiff’s losses. Jury Rejects Unleashed Dog […]
How Your Insurance Benefits May Affect a Personal Injury Award
Following a car accident you may require substantial medical care. Hopefully you have insurance that will minimize your out-of-pocket expenses. But if the accident was the result of someone else’s negligence, does the fact you receive insurance benefits affect your ability to seek damages against the responsible party? Connecticut’s Collateral Source Rule Under Connecticut law, […]
