FAQ’s

As the injured party (the plaintiff), you carry the burden of proof. A successful case has three main areas: liability, causation, and damages. Usually a liable party will have committed a negligent action that caused your injuries — the facts must show a failure to meet the standard of care and that this failure caused you harm. The harm must also be significant enough to justify pursuing a claim. Only a competent personal injury attorney can accurately evaluate the likelihood that you have a case — which is exactly what our free consultation is for.

Nothing up front. Initial consultations are free, and we work on a contingent fee: we only charge an attorneys' fee when we successfully obtain a recovery for you, calculated as a percentage of that recovery. Case expenses are advanced by the firm, and if nothing is recovered, you generally owe nothing.

Time to conclusion depends on the circumstances of the injury, the at-fault party, the insurance company, the adjuster, and the attorneys involved. The timeframe changes substantially if a claim escalates to a lawsuit. We can give you a realistic assessment after reviewing your specific circumstances.

Yes — you may still be entitled to a percentage of the compensation you would normally receive, reduced by the percentage of fault assigned to you. Until a judge or jury establishes that percentage, seek the informed opinion of a personal injury attorney.

First ensure your safety and get needed medical attention. Then, if possible, gather: the name and insurance company of the at-fault party; contact information for all witnesses; vehicle details (make, model, year, color, plate); photos of injuries and property damage; and the police report if applicable. Do not sign legal documents or give statements to insurers until you understand your rights.

There is no exact formula. Fair compensation includes more than medical reimbursement: medical expenses already incurred and future care, lost wages, loss of earning capacity, physical pain, mental or emotional suffering, physical impairment, property damage, and other losses. Factors like the severity of the accident and its impact on your daily life all weigh in.

Fortunately, most claimants are not subjected to the stresses of litigation — many cases settle out of court. But when the offer is too low or liability is disputed, a jury or judge may need to decide. The decision to settle or file suit is one of the key decisions we help you make — and we prepare every case as if it will be tried.

You are absolutely not obligated to give a recorded statement without an attorney present — and if you do, it may later be used against you. Consult an attorney first so your rights are not prejudiced.

If the negligent driver was uninsured or underinsured and you carry UM coverage through your own policy (or the policy covering the vehicle you were in), a claim can be made to your own insurer for your injuries.

Many auto policies include PIP — medical and wage coverage available to the insured driver and passengers regardless of fault. PIP pays 100% of medical expenses and 80% of lost earnings up to the coverage limits (commonly $2,500, $5,000, or $10,000), and does not have to be repaid if the adverse insurer pays damages.

Contact a lawyer as soon as you are able. Evidence begins to spoil almost immediately, witnesses' memories fade, and different claims carry strict time limits — public-entity claims can require notice in as little as 90 days. The sooner we start, the stronger your case.

We gather evidence with an eye toward trying the case in court, investigate thoroughly, work with experts, handle the insurers, and keep you informed at every step. Being prepared for trial is often what prompts the other side to offer a fair settlement — be wary of any attorney who rarely goes to trial.

The more information, the better the advice: accident reports, medical records, the other party's insurance information, and any photos of the accident or your injuries. Don't worry if you don't have them — we can obtain all necessary paperwork for your case.

Yes — claims for injuries on tribal land must be brought in the tribe's own courts (the Mashantucket Pequot Tribal Court or the Mohegan Gaming Disputes Court), with their own procedures and deadlines. Attorney Jeremy D. Wiss is admitted before both.