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Alan Barry & Associates, LLC

Frequently Asked Questions

Personal Injury FAQs

How much is my case worth?

A case's worth is based on five areas, assuming that the liability issue is straightforward. These areas include:

  • Past medical bills
  • Future medical bills
  • Lost wages
  • Loss of earning capacity
  • Pain and suffering

There is no concrete formula for determining a case's value. However, based on our experience with past cases in Connecticut, we may be able to estimate the value of your case once we have gathered all medical records and have an idea as to whether your physical and mental state has improved or worsened from the date of injury. The following factors will be also considered: the severity of your injuries; the details of your accident; your degree of fault; your employment history; your ability to work; and your life expectancy. The manner in which you obtain medical treatment, your lifestyle, and your litigation history will be considered.

How long will my personal injury lawsuit take?

It's difficult to determine how long it will take to resolve a personal injury lawsuit. Each case is unique. A personal injury lawsuit may settle in a few months without the need for a trial, while others can take years to complete. We advise and assist our personal injury clients to help them make informed decisions at every stage of the case.

What questions will be asked during deposition?

Almost anything may be asked at a deposition unless the purpose of the questions is to harass the party or the information is privileged. Questions that may be asked during a deposition may include the following:

  • What types of illnesses and injuries have you suffered from during the course of your life?
  • Have you previously been involved in any other lawsuits or legal claims (i.e. workers compensation)?
  • Were there any witnesses to the accident?
  • Did you file an insurance claim?
  • What is the nature of your injury?
  • What is your job history?
  • How has your injury affected your life?
  • When was the date of your last treatment?

Our attorneys can help you prepare for your deposition by reviewing documents with you, such as police reports or medical records. We will also prepare you with mock questions that may be asked during the deposition and will be there during the questioning to guide you and make objections.

How soon should I file a lawsuit?

You should speak with us as soon as possible following your accident. Injury victims only have a defined period of time to file a lawsuit, often two years or less. Failure to file suit within this time period, commonly known as the statute of limitations, can permanently prevent you from recovering money damages for your injuries.

Can I still receive compensation if I was at fault?

Yes, however, the amount of financial compensation awarded to you may be decreased in proportion to your percentage of fault as determined by the judge/ jury.

What is a letter of protection ("lop") used for?

We work closely with medical facilities and doctors who will accept a "letter of protection" for our clients that do not have health insurance. Generally, reimbursement is made when our client settles the case or obtains a money judgment in court.

Why am I not being compensate when I have full coverage?

Many drivers believe they have full coverage, but are not insured under certain circumstances. In many cases, our clients often find that even though they believe they have “full coverage,” they do not have underinsured or uninsured coverage, which will cover you in the event of an accident where the other party cannot compensate you for all of your injuries. You should contact your insurance company and discuss what coverage you have, and, if necessary, contact us immediately if you believe your insurance company is trying to avoid paying a valid claim.

Sometimes your own insurance company may not want to satisfactorily compensate you for your injuries with the underinsured/ uninsured motorist coverage that you purchased. In that case, we will work with you to force them to pay a higher amount.

What is MMI?

When you've concluded your treatment, we request a final report with a permanent disability rating. At this time, the physician has determined that the patient has reached MMI, or maximum medical improvement. Although it is not necessary to have available during courtroom proceedings, car insurance companies may want access to the permanent impairment rating as part of their case evaluation. It is also helpful to achieve a larger cash award.