Brignole, Bush and Lewis, Attorneys at Law FindLaw IM Template 2026-11-10T14:09:27Z https://www.brignole.com/feed/atom/ WordPress /wp-content/uploads/sites/1301794/2020/04/cropped-Favicon-32x32.png On Behalf of Brignole, Bush & Lewis <![CDATA[Can I get compensation for road rash after a motorcycle accident?]]> https://www.brignole.com/?p=48819 2026-11-10T14:09:27Z 2026-11-10T14:09:27Z Motorcycle accidents can leave riders dealing with painful injuries and a volatile recovery process. Road rash is a common injury in motorcycle accidents, particularly when a rider is thrown from their bike or slides across the pavement. Depending on the severity, these injuries can require more care than many people realize.

How road rash can lead to lasting injuries

Road rash occurs when the skin rubs against a rough surface, such as asphalt or concrete. The friction generates heat that can burn a person, while the force can cause further damage to exposed skin and the underlying tissues. While mild cases may only affect the outer layer of skin, more serious injuries can damage deeper tissue, expose underlying structures and require medical treatment. Severe road rash may need pain management, skin grafts or surgery to help the affected area heal. These injuries can also lead to complications during recovery. Open wounds are vulnerable to infection, which can make healing more difficult and may require additional medical care. Some people are left with permanent scarring, changes in skin appearance or disfigurement, particularly when deeper layers of tissue have been damaged. These lasting effects can also cause emotional distress that affects a person's confidence. When a motorcycle accident is caused by another driver's negligence, an injured rider may be able to seek compensation for the harm they have suffered. This may include medical bills, follow-up care and pain and suffering. If road rash leaves permanent scars or causes disfigurement, those lasting effects may also be considered when determining compensation. Medical records, photographs and treatment records can help show how serious the injuries are and how they have affected a rider's life. Recovering from road rash can take time, especially when injuries involve extensive tissue damage or permanent scarring. Riders who have been hurt because of another driver's actions can benefit from speaking with a qualified legal professional about their options. Understanding what compensation may be available can help them make informed decisions about the next steps.]]> On Behalf of Brignole, Bush & Lewis <![CDATA[What happens if the deceased was partially at fault?]]> https://www.brignole.com/?p=48817 2026-10-23T17:04:38Z 2026-10-23T17:04:38Z When someone dies in a car accident or some other preventable tragedy, wrongful death claims offer their loved ones the opportunity to seek compensation for their loss and a form of accountability on the part of the negligent party. But what if their loved one was also negligent? Perhaps the deceased was speeding, failed to notice a warning sign or made a decision that contributed to the accident? Connecticut follows a modified comparative negligence rule, and understanding how this rule works can help families evaluate their legal options after a fatal accident.

How does comparative negligence work?

Comparative negligence determines how responsibility for an accident is divided among the people involved. Negligence doesn’t automatically prevent recovery in a wrongful death case. Instead, recovery is allowed when the negligence attributed to the deceased isn’t greater than the combined negligence of the other contributory parties. The applicable percentage of negligence then reduces the damages. In other words, the deceased person’s conduct doesn’t necessarily eliminate the claim, but it does affect the compensation their loved ones may receive. However, the same comparative negligence rule may bar recovery if the deceased was more than 50% responsible for the accident. Therefore, Connecticut doesn’t simply reduce damages by any percentage of fault. It also applies a threshold that can prevent recovery. Determining fault can be complicated, especially when the deceased can’t explain what happened. Insurance companies often conduct their own investigations and will argue that the deceased contributed to the accident. But their conclusions aren’t necessarily the final word on liability. There is other evidence that may help establish what happened, such as:
  • Police accident reports and witness statements
  • Vehicle damage and accident reconstruction findings
  • Photographs and video footage
  • Medical records
  • Cellphone records
  • Vehicle maintenance logs
All relevant evidence needs to be evaluated, not assumed based on what the opposing party or insurance company says. Losing a loved one is devastating, and learning they may have contributed to the accident can make an already painful situation confusing. Still, partial fault doesn’t mean that a wrongful death claim is impossible. Family members need someone who can investigate the accident, evaluate the evidence, identify potentially responsible parties and explain their legal options.  ]]> On Behalf of Brignole, Bush & Lewis <![CDATA[Should you accept the first settlement offer after a car accident?]]> https://www.brignole.com/?p=48813 2026-10-12T20:24:24Z 2026-10-12T20:24:24Z After a car accident, receiving a settlement offer from an insurance company may feel like a windfall. You may be dealing with missed time at work, medical bills, vehicle repairs and trying to get your life back to normal.  However, accepting the first settlement offer may not be in your best interests. Once you accept that offer and sign a release, you likely won't be able to return to the insurance company for additional compensation, even if your injuries turn out to be more severe than you originally thought.

What should a fair settlement look like?

Insurers have a financial incentive to resolve claims for less than the maximum amount they might otherwise have to pay. An early offer may be made before you know the full extent of your injuries. For example, a person who believes they have a minor neck injury may later discover they need physical therapy, injections or additional medical treatment. If they accept the initial offer, the payment may not cover their eventual expenses. A fair car accident settlement should include several categories of damages, including:
  • Medical expenses: These may include emergency care, hospital bills, physician visits, medications, rehabilitation, physical therapy and other necessary treatment. 
  • Lost wages and reduced earning capacity: If your injuries prevented you from working, you may be able to seek compensation for lost income. If your injuries affect your ability to work or earn the same income in the future, you must also consider that loss.
  • Pain and suffering: You may be able to receive compensation for physical pain, emotional distress and other ways your injuries impact your quality of life.
Connecticut law can also affect your compensation and the amount you can recover. The state follows a modified comparative negligence rule. If you share responsibility for the accident, your compensation may be reduced in proportion to your percentage of negligence. If your negligence is greater than the combined negligence of the other parties, you may not be able to recover any damages from those parties. It may be in your best interest to speak with a legal professional before accepting a settlement offer from an insurance company. They can review your situation, identify potentially recoverable damages and negotiate with the insurance company on your behalf.]]> On Behalf of Brignole, Bush & Lewis <![CDATA[How do I know if my child was injured after a serious car crash?]]> https://www.brignole.com/?p=48810 2026-10-09T19:57:40Z 2026-10-09T19:57:40Z moments following a serious car accident can be overwhelming, especially when your children are in the vehicle. Determining whether your child is injured can be challenging, particularly when fear and adrenaline are running high. Here is what to watch for based on your child's age and communication abilities.

Infants and toddlers who cannot communicate

Very young children present unique challenges because they cannot tell you where it hurts or how they feel. You must rely on observation and physical signs to assess their condition. Watch for these warning signs in infants and toddlers:
  • Inconsolable crying or unusual fussiness that persists beyond normal calming techniques
  • Vomiting or appearing nauseous, particularly if it occurs repeatedly
  • Unusual sleepiness or difficulty waking your child
  • Visible bruising, swelling or marks on the body, especially around the chest, abdomen or head
  • Difficulty breathing or changes in breathing patterns
  • Refusal to move a limb
  • Loss of consciousness, even briefly
Even if your infant or toddler appears fine, you should seek immediate medical evaluation after any serious accident.

Elementary age children

Children in this age range can communicate but may not accurately describe their symptoms or may minimize pain due to fear or confusion. They might also be in shock and not fully aware of their injuries. Pay attention to complaints of headache, dizziness, stomach pain or neck and back discomfort. Watch for behavioral changes such as confusion, irritability or appearing dazed. Elementary age children may also show reluctance to move normally or difficulty walking.

Older children and teenagers

Teenagers and older children can generally communicate their symptoms more clearly, but they may also downplay injuries to avoid appearing weak or to prevent worrying you. Take their complaints seriously and watch for delayed symptoms that may appear hours or even days after the accident. Encourage open communication and watch for signs of concussion, including memory problems, sensitivity to light or persistent headaches. Internal injuries may not be immediately apparent, so continued monitoring is essential.

Seek immediate medical attention

Regardless of your child's age, it is generally wise to have them examined by a medical professional following a serious car crash. Some injuries, particularly internal trauma and concussions, may not show immediate symptoms but can have serious consequences if left untreated.   ]]> On Behalf of Brignole, Bush & Lewis <![CDATA[The financial and emotional impact of losing a family breadwinner]]> https://www.brignole.com/?p=48628 2026-09-25T16:33:24Z 2026-09-25T16:33:24Z When a family loses its primary breadwinner in a fatal accident, the loss affects nearly every part of daily life. There is the immediate grief of losing a spouse, parent or other loved one. At the same time, the family may suddenly have to figure out how to pay the mortgage, cover everyday expenses and plan for a future that now looks very different. A wrongful death claim may provide a way for the deceased person’s family to seek compensation for their losses. While no amount of money can replace the emotional loss, it may help relieve some of the financial strain.

The loss goes beyond a paycheck

A person’s financial contribution to a family usually isn’t limited to just their regular paycheck. Their employment may also have provided health insurance, retirement contributions, bonuses and other benefits. Losing those benefits creates additional financial pressure for surviving family members. There are also the non-economic losses. The deceased may also have provided other valuable services at home, such as transportation, home and lawn maintenance or other household responsibilities. The financial effects of losing a breadwinner can continue for decades.  A fatal accident can also result in significant expenses before and after death. If the victim survived for a period of time after the accident, the family may have to deal with the costs associated with emergency transportation, hospitalization, surgery, medication and other medical treatment. Funeral and burial expenses can create another substantial financial burden. The emotional loss is just as significant. Losing a spouse or parent can mean losing companionship, guidance, support and the everyday relationship that makes up an important part of family life. These losses can’t be measured as easily as medical bills or lost wages. No formula can determine the value of someone’s role in their family. No financial award can undo the loss of a loved one. A wrongful death claim is about more than assigning a dollar amount to someone’s life. What a wrongful death claim does is provide a legal mechanism for recognizing the economic and non-economic losses caused by a wrongful death. For a family that has suddenly lost its primary source of financial support, pursuing a claim may help address some of the financial consequences while seeking accountability for the conduct or negligence that caused the death.]]> On Behalf of Brignole, Bush & Lewis <![CDATA[Hidden brain injuries can be dangerous for older adults]]> https://www.brignole.com/?p=48625 2026-09-16T13:52:41Z 2026-09-16T13:52:41Z result in internal bleeding in seniors than in younger people. There are multiple reasons for that. For example, many people start taking blood thinners to lower their blood pressure as they get older. While these can be effective in reducing heart attack and stroke risk, they can also increase bleeding in the brain after an injury.

The brain changes with age

Another reason older people are at greater risk if they suffer a TBI is the physical changes that occur to the brain with age. For example, the brain itself shrinks somewhat. That typically doesn’t affect intelligence or cognition, but it does create more space between the skull and the brain. That gives the brain more space to move if it strikes something or is jolted. Further, the bridging veins that connect the brain to the skull shrink, which makes them more susceptible to damage. It’s always crucial for seniors to get a thorough medical evaluation after any kind of head injury to get any potentially serious injury diagnosed and treated. If an injury was the result of someone else’s intentional actions or negligence, this can also help provide crucial evidence to help victims pursue compensation from any at-fault parties. Getting experienced legal guidance is a good first step forward in this regard.]]> On Behalf of Brignole, Bush & Lewis <![CDATA[How social media can affect a wrongful death case]]> https://www.brignole.com/?p=48624 2026-09-08T15:42:33Z 2026-09-08T15:42:33Z Social media has become a part of our everyday lives. People share photos and updates, comment on news stories and communicate with family and friends. However, after the unexpected death of a loved one, social media activity can have unintended consequences for a wrongful death case. It’s crucial to understand how your case can be impacted so you can avoid mistakes and protect your legal rights.

Social media posts can become evidence

Many people assume that what they post on social media is private. The truth is that information you share online can be discoverable in litigation in certain circumstances.  Wrongful death cases often involve disputes about what happened, who was responsible and the extent of the family’s losses. Social media posts may potentially be used to support or challenge statements made during the case. Pictures and videos can sometimes provide useful evidence, but they can also be taken out of context. A photograph posted after a loved one’s death might appear to show that a surviving family member is doing well emotionally. The opposing party can use such a photograph to dispute the severity of a person’s emotional losses. While a picture may be worth a thousand words, it rarely tells the entire story. Still, it may be used to challenge a claim. Comments can also create problems.Family members may make emotional statements about the accident, the person responsible or the legal case. Even comments intended to express grief or frustration could potentially be misunderstood when viewed outside their original context. If you have filed, or are considering filing, a wrongful death lawsuit, resist the urge to discuss the case online. Also, be cautious about friend requests or follow requests from people you don’t know. Someone connected to the opposing side may be trying to access information that isn't publicly available.  When you are grieving, the last thing you need is for an innocent social media post to create unnecessary complications. Taking a cautious approach to your online activities can help protect your family’s interests during your wrongful death claim. ]]> On Behalf of Brignole, Bush & Lewis <![CDATA[How long do you have to file a Connecticut injury claim?]]> https://www.brignole.com/?p=48621 2026-08-26T19:54:57Z 2026-08-26T19:54:57Z How the two-year deadline works in Connecticut While two years may sound like plenty of time, gathering records and managing medical treatments consumes those months quickly. Different types of harm carry distinct statutory windows:
  • Car crashes and general negligence claims: Two years from discovery, with an absolute three-year maximum from the date of the crash
  • Wrongful death actions: Two years from the date your loved one passed away, capped by an overall five-year limit from the harmful act
  • Product liability and intentional harm: Three-year statutory windows
Failing to start a court case before these specific windows close permanently bars you from seeking financial recovery.

Exceptions that can pause or alter the legal window

You might think certain life situations give you extra time, but state rules are strict. Courts only pause or change deadlines in very specific cases:
  • Drivers who leave the state: The filing clock may pause while a driver lives outside Connecticut, up to a maximum seven-year limit.
  • Hidden fault: The deadline pauses if a responsible driver hides details about their role in the crash.
  • Claims against local government: Incidents on city property require written notices in a few weeks or months.
Many parents assume an injured child gets an automatic deadline extension until they turn 18 years old. Connecticut courts do not extend limits for minors in regular negligence cases, so families must take swift action.

Why early legal guidance protects your right to compensation

You need to focus on healing without worrying about court paperwork. Starting early gives a legal representative time to collect police reports, talk to witnesses and secure insurance details while facts stay fresh. Talking with a personal injury attorney early protects your rights and ensures you meet every statutory deadline.  ]]> On Behalf of Brignole, Bush & Lewis <![CDATA[How can you prove fault after a car crash in Connecticut?]]> https://www.brignole.com/?p=48619 2026-07-31T12:35:18Z 2026-08-07T12:31:48Z Gather evidence at the scene Right after a crash, collect evidence if you can do so safely. Take photos of the crash scene from several angles. Include damage to every vehicle, skid marks, traffic signals and nearby street signs. These photos may help support your claim later. Exchange information with the other driver. Get names, contact details, insurance information and license plate numbers. If anyone saw the crash, ask for their contact information. Witnesses can give an unbiased account of what happened and support your version of events.

Document everything thoroughly

After you leave the scene, write down what happened while it is still fresh in your mind. Include the weather, the time of day, traffic conditions and anything unusual you noticed before the collision. Keep all medical records related to your crash injuries. These records show how badly you were hurt and connect your injuries to the crash and your treatment. Save receipts for all crash-related expenses, including vehicle repairs, rental cars and medical bills.

Obtain the police report

Connecticut law requires a formal police investigation report when a crash causes injury, death or property damage exceeding $1,000 to any single individual. The police report often contains important information, such as the officer's observations, statements from the people involved and sometimes an early opinion about fault. You can usually request a copy of the report from the law enforcement agency that responded to the crash. This report gives an independent account of what happened and may support your claim.

Understanding Connecticut's fault system

Connecticut follows a modified comparative negligence rule. You may still recover damages if you were only partly to blame for the accident, though your share of responsibility cannot go beyond 50 percent. However, the amount you recover will be reduced by your percentage of fault. Knowing how this rule works helps you understand why strong evidence matters.

Strong evidence strengthens your claim

You can build a strong claim by paying close attention to the details. Gather evidence, keep accurate records and obtain the police report. Together, these steps can help show what happened and support your claim. The quality of your evidence can affect the outcome of your case. Taking these steps can strengthen your claim and help protect your interests after a crash.]]> On Behalf of Brignole, Bush & Lewis <![CDATA[Why can settling too soon hurt brain injury recovery claims?]]> https://www.brignole.com/?p=48618 2026-07-29T09:04:18Z 2026-07-29T09:04:18Z Why do brain injuries take time to fully appear? Brain injuries are deceptive. Initial symptoms might seem manageable. However, cognitive issues can emerge weeks or months later. Swelling, inflammation and microscopic injuries may mask the true severity of the condition. As the brain attempts to heal, new symptoms often surface. Concentration difficulties, personality changes, chronic headaches and balance problems might not appear until the injured person returns to normal activities.

What are the true costs of brain injuries?

Brain injury expenses extend far beyond immediate medical bills. Long-term costs may include:
  • Ongoing therapy
  • Medication
  • Assisted living
  • Home modification
  • Lost income
Some victims cannot return to their previous careers. Others require lifelong care. These financial realities often do not become clear until after a thorough medical evaluation. Understanding the full extent of these costs is essential before considering a settlement.

What happens when settlement occurs before full recovery?

Accepting a settlement closes the door on future claims related to that injury. Under Connecticut law, signing a valid release usually prevents you from seeking more compensation later, even if your condition worsens or new expenses arise. Those costs become personal burdens.  A settlement that seems fair at first may not cover long-term medical care, lost income or a permanent disability.

How does Connecticut law protect injury victims?

Connecticut provides injured parties with time to make informed decisions. Personal injury claims generally must be filed within two years of discovering the injury. However, they must be filed no later than three years after the incident. This window allows victims time to understand their injuries and future needs. A quick settlement may leave you with less protection than you need.

Getting fair compensation for your recovery

Brain injury claims demand careful evaluation. Waiting for a complete medical assessment ensures that any settlement reflects actual needs, not just initial appearances. The recovery process does not end when treatment begins or a claim is resolved. Continued support and planning can help you adjust to life after injury.]]>