Practice Areas and Legal Definitions

Medical Malpractice:

Medical malpractice is the failure of a health care provider to follow the accepted standards of practice of his or her profession in the community where the service is rendered. If a physician was careless, lacked proper skills or disregarded standardized rules resulting in injury to a patient, a jury may find the health care provider liable for negligence. Hospitals can also be held liable for the negligence of their employees, including staff nurses and technicians.

Examples of Medical Malpractice include:

• Failing to diagnose a tumor while reading an x-ray
• Puncturing a nearby organ or tissue during surgery
• Failing to order necessary and appropriate medical tests
• Failing to diagnose a condition in time to treat it properly
• Failing to refer a case to a medical specialist
• Prescribing incorrect medication
• Birth injury
• Incorrect diagnosis that results in a failure to treat a medical condition
• Failing to properly administer anesthesia
• Emergency room negligence

Spinal Cord Injury:

Spinal cord injury (SCI) occurs when the nerves within the spinal canal are damaged. Most SCI's are caused by trauma to the vertebral column, affecting the spinal cord's ability to send and receive messages between the brain and the body's systems that control sensory, motor and autonomic function. Motor vehicle accidents are the leading cause of SCI, followed by acts of violence, falls, sports injuries and diseases such as polio, spina bifida, and Friedreich's Ataxia. The spinal cord does not have to be severed in order for a loss of functioning to occur; it only has to be fractured.

Vehicle Accidents:

Legal claims that arise from vehicle accidents are typically governed by the law of negligence. Any individual who negligently operates a motor vehicle may be required to pay damages to an injured victim. A personal injury case involving a vehicle accident may become formalized through civil court proceedings, or may be resolved through an informal settlement before a lawsuit is filed. Vehicle accidents can include aviation accidents, car accidents, boating accidents, motorcycle accidents, semi tractor trailer accidents, school bus accidents, train accidents and truck accidents, to name a few. The surviving family members of a fatally injured accident victim may be able to bring wrongful death charges against the defendant.

The Hartford personal injury attorneys of Gersten & Gersten have years of experience and a successful track record representing clients who have suffered significant injuries in motor vehicle accidents of all kinds. The Firm works closely with doctors and other health care providers to discuss the short and long-term medical consequences of an injury. Gersten & Gersten attorneys possess a detailed knowledge of Connecticut's automobile insurance and liability laws and understand the different sources of recovery available to car accident victims and their families.

Brain Injury:

Traumatic brain injury (TBI) is a medical phrase used to describe the damage to the brain suffered by sudden impact or physical force to the head. Essentially, the human brain floats in a fluid substance called cerebrospinal fluid. TBI can result when the force of momentum causes the brain to impact against the skull. This type of injury, often the result of hitting your head on the windshield, pavement, or object, is frequently referred to as a "closed head injury." Whiplash can also cause TBI. These closed head injuries can result in lasting physical and mental problems.

Wrongful Death:

Wrongful death law is the area of law that seeks to provide financial compensation to the family of a person whose death was caused by the negligent, willful, or wrongful act or omission of another. In addition to receiving compensation for wrongful death, the family of the deceased may be able to recover damages for personal injury to the decedent, anticipated earnings until the expected time of retirement, as well as medical bills, funeral costs and other related expenses.

Dog/Animal Bites:

Every year, millions of Americans are bitten by animals. Being attacked by a dog is an extremely stressful event. Many dog bite injuries leave scars and have lasting emotional effects. In the State of Connecticut, the owner or keeper of a dog is strictly liable for his or her dog, even if it is the first time the dog has injured someone. As long as the injured victim was not trespassing, teasing or tormenting the dog, the keeper or owner of the dog is liable for any injuries sustained. Compensation for a dog bite can include payment for medical bills, pain & suffering, mental anxiety, fear and scarring.

Defective Products :

Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Product liability cases may include defective or poorly designed machinery, tools, motor vehicle defects, recreational products, pharmaceuticals, and other defective products and equipment. A person injured by a defective or dangerous product may be eligible to file a lawsuit for product liability and recover damages under one of the following categories: strict product liability, negligence or breach of warranty.

Workers' Compensation:

Workers' compensation is insurance that an employer is required by law to carry in case an employee is injured on the job or becomes ill, temporarily or permanently disabled, or fatally injured due to circumstances surrounding his or her job. Although workers' compensation laws vary from state to state, covered medical care generally includes: medical, surgical and hospital services, dental services, crutches, hearing aids, chiropractic treatment, physical therapy, nursing care and prescribed medications.

Additional monetary compensation may be provided if an injured employee is temporarily unable to work for more than a certain number of calendar days set by state law, hospitalized as an in-patient, or becomes permanently disabled due to a job-related injury or illness. The right to receive medical treatment at the employer's expense typically continues as long as treatment is reasonable and necessary to treat the injury.

If you or someone you know in the Hartford area needs the assistance or trusted legal advice of an experienced personal injury lawyer, please call Gersten & Gersten today at 866-742-3349, or complete the contact form provided on this site to schedule  your free consultation.

Frequently Asked Questions

The following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Gersten & Gersten, you can receive a personal consultation regarding your specific legal claim.

What is Personal Injury?

Personal Injury is any physical or mental injury to a person that results from another person's negligence or harmful act. Personal injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of Connecticut. The following are some of the most common accidents resulting in personal injury:

• Auto Accidents
• Dangerous or Defective Product Injuries
• Motorcycle Accidents
• Boating Accidents
• Slip and Fall Accidents/Premise Liability
• Medical Malpractice
• Traumatic Brain Injury
• Birth Injuries

What financial compensation can I recover in a personal injury claim?

Accident victims are entitled to recover monetary damages for all losses and expenses suffered from the accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:

• Medical bills
• Lost Wages, including overtime
• Pain & Suffering
• Physical Disability
• Disfigurement
• Emotional Trauma
• Mental Disability
• Property Damage

Under what circumstances can a wrongful death occur?

Wrongful Death Law provides for financial compensation to the family of a person whose death was caused by the negligent, willful or wrongful act of another. Wrongful death cases are filed as a result of a variety of situations, including:

• Medical malpractice resulting in a patient's death
• Neglect or abuse on the part of a nursing home that results in a patient's death
• Automobile, bus, train, airplane or other common carrier fatality accident
• Occupational exposure to hazardous conditions or substances (exposure to asbestos, etc.) resulting in death
• Death during a supervised activity (sports tournament, field trip, etc.)

Who can file a wrongful death lawsuit?

A wrongful death case alleges that the decedent was killed as a result of the negligence of the defendant, and that the decedent's immediate family members (often called "distributees") are entitled to monetary damages as a result of the defendant's conduct. The most common distributees are surviving spouses and children, and sometimes parents.

Pecuniary (financial) injury is the main way damages in wrongful death cases are computed. Courts interpret "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance and medical and funeral expenses. Punitive damages may also be awarded in cases of serious or malicious wrongdoing to punish the wrongdoer, and/or deter others from behaving similarly.

How do I know if I need an attorney?

If you have been seriously injured in Connecticut, consult with an experienced personal injury attorney as soon as possible. Make sure this is done before you give any official statements or sign papers of any kind. State laws require that lawsuits be filed within a specific time period. Depending upon the circumstances of your case, you may be prohibited from filing a lawsuit and obtaining any compensation for your injuries if you delay. Gersten & Gersen attorneys can advise you on the applicable statute of limitations for your injury case.

How much does Gersten & Gersten charge for personal injury counsel?

Gersten & Gersten has very competitive prices, which fall within the range of industry standards. The Firm is also able to tailor fee arrangements for each client's needs. Due to the nature of law, each case is unique and they have many fee structures to accommodate each client, based upon:

• Contingency
• Retainer
• Deposits
• Set Fees
• Billable unit rates, or any combination of the above

Gersten & Gersten gives every case individual attention and will work with you to find the best rate plan. There will be no hidden costs. You will be informed of the fees for your case during your first meeting with the Firm.

If you or someone you know in the Hartford area needs the assistance or trusted legal advice of an experienced personal injury lawyer, please call Gersten & Gersten today at 866-742-3349, or complete the contact form provided on this site to schedule your free consultation.

Professional Profiles

Gersten & Gersten attorneys revere client communication and confidentiality and consider it to be a top priority.  They understand that matters surrounding personal injury, medical malpractice and wrongful death are traumatic and emotionally delicate in nature. The Firm provides a comfortable yet professional atmosphere, delivering personal attention, effective representation -- and solid results.

If you or someone you know in the Hartford area needs the assistance or trusted legal advice of an experienced personal injury lawyer, please call Gersten & Gersten today at 866-742-3349, or complete the contact form provided on this site to schedule your free consultation.

Firm Address:

Gersten & Gersten
234 Pearl Street
Hartford, CT 06103
Phone: 866-742-3349
Free Initial Consultations

Aaron L. Gersten, Member

Practice Areas:

• Personal injury
• Family law
• Medical malpractice
• Commercial litigation
• Real estate
• Estate planning

Education:

• University of Connecticut, LL.B., 1954
• George Washington University, B.A., 1951
• University of Connecticut, B.S., 1948

Admitted to Practice:

• Connecticut, 1954
• U.S. Supreme Court, 1958

Professional Memberships:

• Hartford County Bar Association
• Connecticut Bar Association
• American Bar Association
• Connecticut Pharmaceutical Association
• Association of Trial Lawyers of America

Other Affiliations:

• Chairman, Judicial Review Counsel, 2001-present
• Board of Editors, Connecticut Pharmacist Magazine

Karen S. Gersten, Member

Practice Area:

• Family law

Education:

• Suffolk University, J.D., 1990
• Clark University, B.A., 1987

Admitted to Practice:

• Connecticut, 1990

Professional Memberships:

• Hartford County Bar Association
• Connecticut Bar Association
• American Bar Association

Philip K. Meister, Associate

Practice Area:

• Personal injury
• Employment law
• Commercial litigation

Education:

• University of Connecticut, J.D., 1979
• Trinity College, B.A., 1976

Admitted to Practice:

• Connecticut, 1979

Professional Memberships:

• Hartford County Bar Association
• Connecticut Bar Association
• American Bar Association