The law in Connecticut is clear, a defendant is only responsible for compensating a plaintiff for any injuries or damages that were the result of the accident for which the defendant is at fault. If a plaintiff was already suffering from some type of prior condition or disability the defendant in the new accident cannot be held responsible for those prior injuries or conditions. However, if the trauma sustained in the new accident aggravates or exacerbates in any way the prior injuries or conditions, the defendant in the new accident is responsible for any aggravation or exacerbation suffered by the plaintiff. If your pre-existing injury or underlying condition is made worse in any way, as a result of the trauma sustained in the second accident, the defendant will be responsible for compensating you for that change in your condition. For example, you may have been suffering from an ongoing pre-existing condition regarding your knee or your back. Prior to the accident your condition never reached the point where you required surgical intervention. Now after the new accident your doctor has determined that the trauma sustained in the most recent accident was not the primary or sole cause for the change in your underlying condition which has now resulted in the need for some type of surgical intervention. However, your doctor believes that the trauma sustained in the most recent accident was at the very least a substantial factor, among a number of other factors, which has now caused your symptoms to change and resulted in your need to undergo a surgical procedure. In such a situation the defendant in the recent accident will be responsible for that surgical care and treatment and any additional symptoms and or impairment rating you may suffer from following the new accident. Any injuries or symptoms you are suffering from prior to the most recent accident will serve as the baseline or benchmark from which to compare your symptoms and overall condition following the most recent accident. To the extent your symptoms have increased and the trauma was a substantial factor in producing the need for additional care and treatment the defendant will be held responsible.

It is also important to note that many of us suffer from what are considered pre-existing underlying conditions which are asymptomatic. For example it might be revealed on an x-ray that we are suffering from degenerative arthritic changes in our spine. However, despite the fact there is evidence of pre-existing underlying degenerative disease we do not suffer any symptoms as a result of that degenerative condition. In other words the condition is asymptomatic. The law in Connecticut provides that if the trauma sustained in an accident causes a pre-existing asymptomatic underlying condition to become symptomatic, then the defendant will be held responsible for the change in the condition and for any care and treatment resulting from that change as well as any new or increased impairment or permanency ratings.

The post I have just been injured in an accident but I have a prior injury or pre-existing condition. Can I still bring a claim? appeared first on Law Office of Carl A. Secola Jr., LLC.

Most college students are adults under the law. That does not mean they behave as they should. Schools have an obligation not only to the education of their enrollees, but also to their safety. And when they fail in that second duty, accountability for damages suffered may be justifiable through a personal injury lawyer in New Haven.

What Schools May Be Liable For

Two of the most reported on issues of college life these days are sexual assaults and fraternity hazing. In cases of the first sort, the issue that victims or their families might wish to examine is whether the circumstances of the assault resulted from inadequate security on the campus. If that can be proven, an injury claim might be warranted. If the attack occurred in a nearby commercial area and inept security at that site is clear, a premises liability claim might be possible.

Wrongful Death

Hazing as part of fraternity initiation has long been tolerated – dismissed with the excuse that boys will be boys. However, attitudes have changed. Most schools have officially denounced such practices, even though we still see instances of tragedy.

For example, there is the case out of Pennsylvania in which 11 members of a now-closed Greek house are facing criminal charges for the hazing death one year ago of a 19-year-old pledge.

According to reports, the young man died after consuming dangerous amounts of alcohol during initiation. He died the morning after the “fun,” having suffered severe head and internal organ injuries. His family is reportedly suing the fraternity members, the fraternity and the school.

Taking Action Due To Fraternity Negligence

No one can predict the outcome of a given case. For many, the thought of taking action through civil court is difficult to contemplate. Sometimes, however, such action is the most thorough means of holding responsible parties accountable.

That is why in every case, consulting an experienced attorney who specializes in wrongful death in New Haven is considered wise.

The post When College Fun Ends In Death, Is Suing Possible? appeared first on Law Office of Carl A. Secola Jr., LLC.