Anthony A. Della Ripa
Attorney at Law
estate planning - estate administration - personal injury
-- Personal Injury --
Some of us are lucky enough to have never been injured by another person's negligence. Others, unfortunately, are magnets for it. No matter how safe we drive or how aware we are of our surroundings, we always have to be concerned about the other distracted drivers out there. A car accident can do much more than ruin your car or your day; it can impact your day-to-day activities, your livelihood, your sleep and mood, and your family.
​​"Duty, Breach, Causation, Damages." When someone is driving a car, he or she owes a "duty" to others on the road to drive in a safe manner and with reasonable care. When that driver is texting instead of paying attention, and then goes right through a stop sign and hits you, that driver "breached" his duty to you. If you suffer personal injuries as a result of that accident, you incurred "damages," which are more than just the damage to your car or your body; you also suffer financial damages from the unpaid medical bills, lost wages, or extra financial loss incurred by having to pay someone to do something you otherwise would have done. Your treating physicians will make a medical opine on "causation;" that is, they will say that your injuries are consistent with that type of accident.
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IMPORTANT TIP!! Call your auto insurance agent/company to find out what your "Uninsured/Underinsured" policy limits, and INCREASE THEM AS HIGH AS YOU CAN! These are, in my humble opinion, your most important coverages, and most of us don't have nearly enough coverage. These coverages will provide additional coverage to you if you are injured by someone else who has very little or no insurance. A lot of people on the road today have the bare minimum liability coverage required by law, and there are a lot of people driving around with no insurance at all! In Massachusetts, those bare minimum limits for liability coverage are "20/40" ($20,000 per person/$40,000 per accident). This means the insurance company is obligated to pay no more than $20,000 to any one person injured, and at most $40,000 spread among all injured parties in a single accident. In Connecticut, those limits are 25/50. Protect yourself and your family -- Maximize your uninsured and underinsured coverages!
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The person at fault hopefully has adequate insurance. The insurance company steps in the place of the at-fault party and will try its best to minimize your claim -- all for the sake of paying you as little as possible (thereby maximizing their profits). The insurance company will be noting every word you tell them, and they will use your words against you. This is why I always advise my clients NOT to speak to anyone about their case without me knowing about it beforehand. There are some times when you are obligated to talk, but other times you are not. There are time limits about which you need to be aware. There's no reason to go at it alone. Please feel free to contact me regarding your personal injury case.
