ACCIDENT & INJURY CASES
Doctor and hospital malpractice
Fortuna & Cartelli, P.C. attorneys are experienced in medical malpractice law and can help clients determine whether or not malpractice has occurred. Doctors and other health-care providers must follow certain standards when caring for patients.
Quality Aggressive Legal Representation
You can count on us for:
- Personal Injury
- Criminal defense
- DUI
- Accident cases
- Worker's comp
Take a Look at Accident Cases We Take!
Auto and Motorcycle Accidents
At Fortuna & Cartelli PC, we understand the elements in a motor vehicle accident case and use our expertise to the advantage of our clients. We handle major motor vehicle accidents including:
- Drunk driver crashes
- Hit and run
- Commercial vehicle accidents
- Bicycle accidents
- Uninsured motorists
- Injuries caused by trucks
Recent Lawsuits and Settlements handled by Attorney Thomas Cartelli:
- Driver of a tandem tractor trailer truck hit a tree that had fallen off a large flat bed delivery truck onto Interstate 95. Injuries to back, neck and post-concussion complications. Case involved complex workers' compensation claim as well as a lawsuit for negligence. Multiple out-of-state individuals named as defendants in case. Lawsuit resolved by settlement with insurance company for $745,000.00.
- Client was hit by a drunk driver traveling at very high speeds causing client to suffer neck, back and bilateral shoulder injuries. Case involved complex workers' compensation claim as well as a lawsuit for negligence. Lawsuit resolved through judicial mediation for $625,000.00.
- Client was hit head on by a school bus causing him to suffer multiple injuries including neck strain and damage to internal organs. Lawsuit resolved through judicial mediation for $390,000.00.
- Client rear ended by a driver who fled the scene of the accident. At fault driver forced to appear at a deposition to testify. At the deposition he admitted being the driver of the at-fault automobile. Case involved complex workers' compensation claim as well as a lawsuit for negligence. Lawsuit resolved for $225,000.00.
What to Do in Case of a Motor Vehicle Accident
Stop and Notify Police:
It is extremely important to contact the local or state police immediately. The investigating police officer will prepare an accident report, which will include extremely important information and evidence that will assist us in pursuing your personal injury claim.
Police officers often secure statements or admissions of fault or guilt from the other operator. These statements are normally included in the police report and may be used against the other person during a trial. Do not move the cars after an accident until the police officer arrives, unless the position of your car presents a dangerous condition for other drivers approaching the accident scene. You should note the investigating police officer's name, badge number and whether the officer is a local officer or state trooper.
Exchange Information:
The investigating officer will obtain all relevant identification and insurance information of the other driver. If the police are not called to the scene, you must at least obtain the name, address and automobile insurance company name and policy number of the other driver. Ask to see their license, registration and insurance card. Copy down all information on the license including the driver's name, address and identification number on his license.
Make No Statement:
Except for exchanging the required information with the other driver, do not have any discussion with the other driver regarding who was at fault. Do not engage in arguments with the other driver. In the heat of the moment you may say something that is inaccurate, which can be used against you in the future. Tell the police officer your version of the accident.
Witnesses:
If other motorists stop at the scene, inquire if they witnessed the accident. Attempt to get the name, address and telephone number of any witness to the accident. Urge witnesses to remain at the scene and give a statement to police upon their arrival.
Medical Treatment:
Seek medical treatment immediately. Have your body thoroughly examined and be sure to inform the physician of any pain or discomfort you may have in any part of your body. Delaying treatment for injuries suffered at the time of the accident will likely have a detrimental effect on your personal injury case.
Contact Legal Counsel:
Securing legal counsel early in the process is extremely important! When our office is contacted, we immediately schedule an appointment for the client to discuss their case. Some of the issues we address without delay include the following:
- In some cases we may initiate a full accident reconstruction by a qualified expert in the field
- Secure and protect any and all evidence necessary to properly and aggressively pursue the claim
- Assist you with medical bills in an attempt to avoid debt collection against you for unpaid medical bills
- Contact the insurance company for the other driver to confirm there is an adequate amount of insurance coverage
- Investigate the existence of multiple insurance policies that may provide coverage to compensate the client and
- Assist you in arranging for a loaner vehicle for you until your vehicle is repaired or replaced.
Pictures:
Obtaining numerous pictures of the physical injuries you sustained, the accident scene and all the vehicles involved in the accident is extremely important. This should be done without delay as the vehicles may be repaired or taken by the insurance companies within days of the accident. Having pictures helps prove the severity of the impact between the vehicles. Also, cuts and bruises heal over time. Having pictures of the injuries helps prove the degree of pain and suffering you endured.
Wrongful Death and Brain Injuries
Wrongful death cases can be based on a variety of accidents and injuries, including motorcycle and car accidents, medical malpractice, dangerous or defective products, dangerous premises, airplane crashes and accidental fires.
At Fortuna & Cartelli PC, our goal is to ensure that we provide the highest level of legal representation to our clients in the most effective and compassionate manner possible. In times of loss, it is difficult for family members to deal with all the problems and uncertainties involved in a wrongful death lawsuit.
If someone close to you was killed in an accident, please call us or contact us by email
today so we can discuss how we can help.
We have a deep understanding of the physical nature of serious injuries as well as the potential psychological and emotional trauma that can accompany any life-threatening accident. When long-term ramifications of a serious accident include a brain injury that results in the need for lifelong medical care or a court-appointed guardian, hiring an aggressive and qualified attorney is crucial.
Brain injuries can cause physical, cognitive, social and vocational changes. Recovery is often a lifelong process of adjustments and accommodations for the injured individual and his or her family. Not all brain injuries are "traumatic" in nature. Brain injuries from other causes, such as oxygen deprivation, can be equally devastating.
Appropriate treatment of a brain injury can involve diagnostic testing, medication, surgery and rehabilitation. Rehabilitation - a critical aspect of optimal recovery - is prohibitively expensive. For catastrophic injuries, an extensive team of caregivers may be necessary.
If you or someone close to you has experienced a brain injury as the result of an accident or negligence of another, please seek medical advice and contact us for legal assistance as soon as possible.
Uninsured Motorists
If the driver who caused your accident was uninsured, underinsured or fled the scene, you may still be able to recover 100% of your damages.
Many drivers ignore motor vehicle insurance requirements, cannot afford to purchase insurance or carry insufficient insurance. Uninsured motorist coverage is a form of insurance that pays for bodily injury that results from an accident caused by a driver who is legally responsible for the injuries, but has no liability coverage.
Underinsured motorist coverage pays for bodily injury that results from an accident caused by a driver who has liability insurance with limits insufficient fully compensate the injured party.
Underinsured and uninsured motorist laws help protect the injured, and insure adequate and full compensation is possible.
If you have been involved in an accident with an uninsured or underinsured driver, it is important that you contact an attorney at an experienced personal injury law firm immediately so you do not waive valuable legal rights.
Bicycle Accidents
The popularity of bicycling has increased dramatically over the last 30 years. Unfortunately, many automobile and truck operators fail to appreciate and respect the rights of cyclists to use the roadways. Attorney Thomas Cartelli raced bicycles for many years and continues to ride and train on bicycles on a regular basis. We are sensitive to the claims of those injured in cycling accidents, and we are prepared to do our part to uphold cyclists’ rights.
Common types of bike-car collisions that often cause bikers to suffer injuries include:
- Motorist entering roadway – The motorist enters the roadway from a driveway or parking spot and fails to see the cyclist until it’s too late
- Motorist fails to yield – The motorist fails to yield to a cyclist by either running a stop light / sign or by stopping and failing to look both ways before continuing
- Motorist turning – Motorist turns left or right directly in front of the cyclist cutting them off
- Motorist passing cyclist – Motorist doesn’t see cyclist when passing and strikes the cyclist. The cyclist may see this before it happens and hit something else when swerving to avoid the motorist
Motorists and cyclists must obey the same traffic laws, including many new bicycle-related laws. Ignorance of the laws is not an excuse when a motorist injures a cyclist.
At Fortuna & Cartelli PC, we bring more than 50 years of experience in representing victims of bicycle accidents. We will fight to the end to make sure you receive full compensation for your losses. We will go to trial and take on motorists and their insurance companies to insure you will be fairly and fully compensated.
Let us take care of every detail so you can concentrate on the most important part – your recovery.
If you've been injured in a bicycle accident contact us or call us today. Home and hospital visits are available.
Dog Attacks and Bites
A dog bite or attack is a traumatic and terrifying event that usually results in serious scarring and injury. It is estimated that the majority of dog bite victims are children under 12 years of age, most of which are bitten on the face.
Proper identification of the owner or keeper of the dog is crucial in every case! In the event you or a family member is injured by a dog, call the police or animal control department immediately! A report will be prepared which will likely identify the person responsible for the injuries caused by the dog.
Recovery is also possible in cases where a dog's action causes a fall or if an injury occurred while running away from or protecting oneself from a dog attack.
Attorneys Fortuna and Cartelli have successfully pursued compensation for extensive scarring cases both through insurance company settlement and court trials. Expert testimony from a plastic surgeon regarding scar revision surgery and nerve damage caused by scaring is an important part of many scarring cases.
Victims of dog bites often suffer more than just the physical harm caused by the dog. Emotional damage is also a factor when dogs attack, and the compensation you get should reflect this.
In Connecticut, a dog owner is held strictly liable for any damage or injury caused by the dog or provided in CGS 22-357. In most cases, a dog owner's homeowners insurance company will pay for damage and injuries caused by a homeowner's dog.
If attacked by a dog:
- Seek medical attention
- Report the dog bite or attack to the proper authorities
- Photograph the wounded area
- Write down names and contact info for any witnesses
Slips and Falls
"Slip, trip and fall" is a name for situations where a person is injured by slipping or tripping and falling due to a dangerous or hazardous condition on the premises.
The fall can happen inside or outside of the property and be caused by conditions such as wet flooring, defective flooring, poorly lit steps, lack of hand rails, weather related situations or any hidden hazards.
Slip and fall accidents are by far the most common type of "premises liability." Property owners and businesses have a duty to provide a safe environment for people on their property.
Analysis of the injury and the resulting treatment is critical in these cases. Ankle and wrist injuries are common in slip and falls and often involve severe lifelong consequences. Surgical procedures can involve ligament repairs, fracture repairs and even fusion of incompletely healed ankles and wrists.
Other premises liability claims made for hazardous conditions include:
- Uncleared snow
- Clear ice
- Improperly secured mats and rugs
- Hidden drop-offs
- Pot holes
Early investigation is critical in slip and fall cases. Often defects are quickly repaired, property ownership changes hands and critical witnesses can be difficult to locate if you wait too long. Contact our office
today for advice on your matter. Home and hospital visits are available.
Doctor and Hospital Malpractice
Fortuna & Cartelli PC attorneys are experienced in medical malpractice law and can help clients determine whether or not malpractice has occurred. Doctors and other health-care providers must follow certain standards when caring for patients.
Medical malpractice occurs when a physician, hospital or nurse fails to properly treat a medical condition and this negligent act or omission results in injury or death to the patient.
In order to determine if medical negligence occurred, it is necessary that a medical expert be retained. This expert should be well qualified to give a medical opinion and is therefore normally board certified in the relevant field of medicine.
Medical malpractice is a complicated and always vigorously defended by insurance companies. Therefore, it is crucial to team with a law firm with experience and proven track record in medical malpractice cases.
Negligence in medical malpractice cases can occur in a variety of situations:
- A delay or failure in diagnosing a disease
- A surgical or anesthesia-related mistake during an operative procedure
- The physician's failure to gain the informed consent of the patient for an operation or surgical procedure
- A physician has made the correct diagnosis, but then fails to provide proper treatment
- Misuse of prescription drugs or a medical device or implant
- If you believe that you or one of your family members is the victim of medical malpractice, contact Fortuna & Cartelli PC in Middletown, CT. We are prepared to act immediately to investigate your potential claim.
Workers' Compensation
The term "workers' compensation" refers to a system of laws outlining specific benefits to which injured employees are entitled and the procedures for obtaining such benefits. Workers' compensation cases are accepted on a contingency fee basis.
Injuries on the job seriously impact an individual’s financial stability. Our firm has represented clients who have suffered from severe work-related head, neck, back, arm, knee, leg and foot injuries. In addition, our attorneys are experienced in representing estates of deceased individuals in wrongful death actions.
Many workers’ compensation claims should be combined with a separate additional personal injury insurance claim. Pursuing multiple claims simultaneously is the most prudent way to reestablish your financial security and stability.
Fortuna & Cartelli PC will take immediate and aggressive action and see to it that you are fully compensated under the law. Worker’s compensation cases are accepted on a contingency fee basis. Therefore, you do not have to pay attorney fees until you begin receiving workers’ compensation benefits.
If you have been injured at work, contact us today to get us started on processing your claim. Handling your case on your own without qualified legal representation may result in you doing or saying something that could adversely affect your case and recovery.
Defective Products
Defective products find their way into the hands of unsuspecting consumers for a variety of reasons. Concerns over costs lead manufacturers to cut corners in the safety department. Products are frequently designed without adequate attention and the potential for injury even with proper use of the product.
Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. Potentially liable parties include the manufacturer; a manufacturer of component parts; the wholesaler and the retail store that sold to the end consumer.
If you have been injured by a dangerous or defective product, a products' liability case can be filed against a variety of parties involved in the manufacturing and sale of the product.
Proving that the product was defective is the most difficult and important aspect of a products' liability lawsuit and requires the services of a variety of experts and an attorney who knows how to effectively gather and organize the crucial information. At Fortuna & Cartelli PC, we have the resources and experience it takes to successfully pursue a products' liability action.
We know your rights. We will fight for you. Contact our office
today to find out how we can help you.
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