Blog

In a personal injury claim, insurers apply set formulas and use software to set a number for your personal injury claim value. You can challenge their number if you know their process, however, and a Hartford, CT injury lawyer knows how insurers make these determinations and what evidence is needed to push back. Maximizing Personal Injury Claim Value The Basics Insurers begin by adding up the economic losses that you can document with paper. Medical bills form the base of the claim, and you'll also include any lost wages, damaged personal property, and out-of-pocket costs. You must have receipts for all of this. Non-economic damages are then added on to compensate you for pain or lost enjoyment of daily life. To reach this number, most carriers multiply the total of your economic losses by a number between 1 and 5, depending on how severe the injuries were. However, insurers are notorious for minimizing these numbers. The Algorithms Large carriers often feed the same numbers into evaluation software such as Colossus. This program converts the diagnosis codes, procedure codes, treatment length, and imaging results into severity points drawn from thousands of earlier claims in the same region. The software then produces a settlement range that the adjuster may still adjust for other factors. Liability Here in Connecticut, we use a modified comparative negligence rule. With this rule, you can only bring a claim if you're 50% at fault or less for the accident that injured you, and the amount of your award is reduced by the same percentage as your fault. Once again, insurers often overstate a victim's degree of fault in order to reduce their own payout. How Your Lawyer Can Help You can help to raise your final number by building a complete record from the first day. First, get prompt treatment and consistent follow-up so there's no room to argue that your injuries aren't related to the accident or that you've made them worse by failing to follow the doctor's orders. Then, keep a simple daily log that notes your pain levels, the limitations on your activities that injuries have caused you, and important events you had to miss. Give your lawyer all this so they can use it to start building a strong case. It's also important to work with your lawyer by listening to their advice about how to respond to the insurer. For example, a good lawyer will often advise you to refuse a first offer because those first offers are almost always at the very bottom of the potential range. That's because the adjuster is testing whether you're willing to accept less than what you're owed, either because you don't know better or because you're desperate. Your lawyer will also counter lowball offers with written demands that list every cost you've suffered and contain clear and convincing evidence to prove it. When the demand package from your lawyer is well-supported and well-argued, the adjuster is left with a lot less room to wiggle out of their obligations. Contact Us for Help In Hartford, CT Our attorneys handle both plaintiff claims and insurance-defense work, so we know both sides and the tactics carriers use. Reach out to the Adler Law Group, LLC in Hartford, CT to set up a consultation

If your insurance claim is sitting unresolved longer than you expected, the wait can strain your finances (and your patience). Talk to an East Hartford, CT insurance lawyer to get things moving and make sure you claim all your rights under Connecticut law. What Steps Should You Take if Your Insurance Claim Is Delayed? Know the Policy Inside and Out Start by pulling out your policy documents and reading the sections that cover claims procedures, timelines, and your duties after a loss. Most policies spell out how soon you must report the event, what proof of loss you need to submit, and how the company will investigate. If something is unclear, write down the exact page and paragraph so you can refer to it later. This review can help you figure out whether the delay is coming from something on your end or the company's. And if you're having issues understanding your policy (and many people do: policies are deliberately written in vague and confusing language), your lawyer will know how to read and interpret it. Keep Track of All Communication Record the date, time, name and title of the person you spoke with and a short summary of what was said every time you talk to the insurer on the phone. Save every email, letter, and form you send or receive. If you spoke by phone, follow up the same day with a brief email that confirms the conversation. When you've got written records, that makes it harder for anyone to claim later that information was never supplied or that deadlines were never mentioned. Contact the Adjuster for an Update Once your log is current, contact (or, even better, have your lawyer contact) the claims adjuster in writing and ask for a status update. The message should be short and specific and state the claim number, the date you first reported the loss, and the documents you have already submitted. Then ask two direct questions: What additional information, if any, is still needed? When can I expect a decision or further action? Request that the reply come in writing within a set number of business days. Send the letter by certified mail or by email with a read receipt so you have proof of delivery. Escalate If the adjuster still fails to move the claim forward, it's time to escalate. Your lawyer can write politely but firmly and ask to be put in touch with the adjuster's supervisor or the claims department manager. When Things Go Too Far Connecticut law treats certain patterns of delay as unfair claim settlement practices. Insurers may not fail to acknowledge your communications and must affirm or deny coverage within a reasonable time after receiving proof of loss. They also have to provide you with a reasonable explanation when a claim is denied. If the insurer fails in these duties, talk to your lawyer about whether it's time to file a complaint and what options there may be for bringing a lawsuit. Talk to an East Hartford, CT Insurance Lawyer Today For help with your insurance issue, call the Adler Law Group, LLC here in Hartford at 959-256-2177. We have more than 25 years of experience successfully dealing with insurance law issues here in the larger Hartford area.

One of the most common types of business litigation is contract disputes, and any good East Hartford, CT business wants to do everything possible to avoid these. Here's a few legal strategies your lawyer can help you with to minimize contract issues. Improve Contract Clarity Your contracts need to be clear and easy to understand so all parties know just what they're supposed to do. To make sure your contract is like this, talk with a business attorney and have them draft a contract that: Clearly defines all responsibilities Sets deadlines unambiguously Explains all payment structures clearly Sets performance expectations Uses specific terms throughout Ambiguity is your worst nightmare in these contracts, so you have to avoid open-ended terms like "within a reasonable time" or "as needed." Replace all these phrases with clear, measurable standards. Never Make a Verbal Agreement Verbal agreements might seem like they convey trust and fellowship, but they're very risky. Always get your contracts in writing. Real professionals will never object to this. Include Dispute Resolutions Provisions It's essential to be prepared, and even the best partnerships can hit a rocky spot when something unexpected happens. If you've already laid out the roadmap for resolving conflicts, however, then both sides have what they need to deal with the disagreement and hopefully prevent it from turning to litigation. Good dispute resolution clauses should offer a couple of avenues for dealing with a disagreement. Start with informal negotiations, then move to more formal ones, like mediation or arbitration, and save litigation as a last-ditch resort. Consider including a clause that requires the losing side to pay all expenses and business losses for the other party, if the losing side is also the one that brought the litigation in the first place. This simple requirement ensures everyone involved thinks carefully about whether it's worthwhile to take that step. Update Regularly Never assume that your agreements will stay good perpetually. Your circumstances or those of your partner may change, and it's essential that you review contracts regularly to make sure the terms are still applicable to your situation, needs, and goals. Make It Comprehensive It might seem that the safest route is to keep contracts as simple as possible, but in reality, many contract issues come about because there weren't enough details in the contract. All tasks, deliverables, responsibilities, obligations, timelines, quality and performance standards, and even methods of communication need to be spelled out in detail. Strive to have no grey areas at all, and remember that your contract not only guides how you act but also sets a tone of professionalism and communicates how you intend to hold the other party accountable (and how you expect to be held accountable yourself). Talk to a Business Litigation Attorney The best time to talk with a business litigation lawyer is before any litigation, while there's still time to prevent the litigation in the first place. Call Adler Law Group, LLC Attorneys at Law in Hartford, CT now at 959-256-2177 to set up a consultation. We serve the entire Hartford and East Hartford areas and are dedicated to serving our local community with professionalism.

When your insurance company pays less than you expected to receive on a valid claim, you have legal rights and may be able to challenge this decision. An insurance dispute attorney in East Hartford, CT can review the denial letter and map out your next moves. Legal Rights if Your Insurance Claim Is Underpaid Right to Full Policy Benefits The policy is the final word, and you have the contractual right to the full benefits of your policy when you have a qualifying claim. If the insurer underpaid, you can sue for breach of contract to recover the difference, plus interest in many cases. Connecticut law recognizes that every insurance contract carries an implied covenant of good faith and fair dealing. Federal law might even come into play. While this is rare, if you can show a pattern of racketeering behavior on the part of the insurer, you could be eligible for triple the damages. Right to an Insurance Dispute Attorney You don't have to fight the insurance company alone. An insurance dispute attorney can examine your policy language, your proof of loss, and the insurer's explanation and help you figure out what happened and how to combat it. Common reasons for nonpayment or underpayment include undervalued repairs, disputed causation, or the application of policy limits or exclusions. But sometimes the reasons given aren't legitimate, or a legitimate reason is given but the evidence doesn't support it. Your attorney will help you dig into the denial letter and your policy and fight back. Your Right to File With the Connecticut Insurance Department The Connecticut Unfair Insurance Practices Ac t lists specific prohibited things that your insurer can get in trouble for doing. These include failing to investigate promptly, refusing to pay after a reasonable investigation shows they should, and not attempting to give a fair settlement when liability is clear. If the insurer has done any of these things, your lawyer can file a complaint with the Connecticut Insurance Department before or even while pursuing a lawsuit. The department can then pressure your insurance carrier to reevaluate, though it cannot force them to award you damages directly. Many insurers do become more willing to resolve a claim once there's state regulatory involvement, however. The Best Way to Defend Your Rights First and foremost, be sure to document every communication you have with the insurance company. In your record, include dates, names, and what was promised. Always get written confirmation of any settlement offers or payment deadlines, as you'll need these if the case escalates. They can be used to show the timeline and if your case has been unreasonably delayed. Some policies allow the insurance company to require you to submit to an examination under oath or provide additional documents before final payment, and while these hoops may be frustrating, following the letter of the law when it comes to your policy terms protects your rights and prevents the carrier from claiming later that you wouldn't cooperate. Talk to Us in East Hartford, CT Today Contact the Adler Law Group, LLC in Hartford, CT today to get a review of your insurance claim. We represent clients throughout the state.

When your insurance claim gets denied, calling an insurance dispute attorney in East Hartford, CT gets you someone on your side with the experience and knowledge of the law you need to mount a solid fight. How Your East Hartford, CT Insurance Dispute Attorney Challenges Coverage Denials Step One: What's the Reason? The first move is for your lawyer to read both the letter and your full policy. Insurers must state the specific basis for denial and point to the exact policy language they relied on when they came to that decision. Many denial letters gloss over details or stretch an exclusion beyond its plain meaning. They're often counting on you not knowing legal terminology or finding the policy too difficult to understand to bother trying. ​ Step Two: Gather Support Next, your lawyer will pull together every piece of supporting material. Your lawyer can then also request a complete copy of your claim file from the insurer. This file includes the adjuster's notes, all internal communications, and any investigation they performed. If there are any gaps in that file, it can really help your case. Step Three: Appeal Letter With all the documents in hand, your attorney drafts a formal appeal letter. The letter should be factual and laser-focused. It should restate the denial reason, quote the policy sections that actually support coverage, and attach the new or overlooked evidence. Courts in Connecticut will typically rule against the insurer when the terms are ambiguous, so if two readings are possible of a clause in your policy, the one that favors your coverage usually wins. Your attorney can remind the insurer of this, if appropriate. Step Four: Review or Demand Letter If the internal appeal is denied, your attorney will talk with you about whether to request an external review through the Connecticut Insurance Department or move straight to litigation. For health claims, you can ask for an independent review organization decision where an external reviewer will look at the medical necessity or coverage questions with fresh eyes and can order the insurer to pay. For auto, homeowners, or commercial policies, the next step is usually a demand letter followed by a civil complaint if the insurer still refuses to pay. Step Five: Litigation If it comes to a court case, your lawyer can start really pushing. Subpoenas can pull the insurer's internal manuals, training materials, and claims-handling guidelines to discover their internal policies for making decisions. Expert witnesses can testify that, in their opinion, after a review of the evidence and the policy, the loss was covered and the denial unreasonable. Throughout the process, your attorney will stil keep negotiations alive. Many cases do settle after discovery once the insurer sees the strength of the evidence and the potential exposure and that you are serious about taking your claim all the way. Connecticut law also allows a separate claim for bad faith if the denial was unreasonable. If you are staring at a coverage denial right now, contact the Adler Law Group, LLC in Hartford. We serve clients through Conneticut.

Victims of catastrophic injuries in East Hartford, CT do have some important legal options, primarily through the civil justice system. A personal injury law firm can help you explore all your options and take the lead in getting you the compensation you need. Legal Options for Victims in East Hartford, CT For personal injury claims in our state, we have a fault-based system that allows victims to pursue a civil claim against the at-fault party (or their insurer) even if they are partly at fault for the accident themselves, so long as their fault isn't 51% or more. Personal Injury Claim The primary path for getting compensation is to bring a claim against the responsible party. This is whoever is responsible for the accident, and there can be multiple negligent parties in certain accidents. Most of the time, the individual or entity themselves will not be the one paying, but their insurance company, which means that you will have to negotiate with an insurer. Personal Insurance Lawsuit If the other party will not come to a reasonable settlement with you based on your losses and their responsibility, then you may have to bring a lawsuit. Lawsuits are fairly rare in personal injury, as it's usually in everyone's best interests to settle out of court. However, there are times when a lawsuit is the best way to get compensation. Pursuing Compensation There are three types of damages you can pursue: Economic Non-economic Punitive Economic Your economic damages are all those for which you can produce a receipt or a bill. Most notably here would be all your medical expenses, reimbursement for whatever you've lost through being unable to work, modifications you've had to make to your home or vehicle, in-home nursing care, etc. For catastrophic injuries, there can also be ongoing care, sometimes for life, that needs to be estimated. Non-Economic Your non-economic damages are the intangible losses you've suffered. This would include mental anguish and emotional distress, pain and suffering, and loss of enjoyment of life. That last refers to compensation you deserve for being unable to do things that you once could due to your injury. Punitive Punitive damages are very rare, and your lawyer can tell you whether it's appropriate to ask for them or not. Punitive damages do not compensate you for any loss. They are only designed to punish extremely reckless behavior or intentional misconduct on the part of the at-fault party. Be aware that while you are not taxed for your other damages, since you are being reimbursed for losses, there is a tax on punitive damages. Be sure to talk through this with your lawyer so you know what to expect. Talk to a Personal Injury Law Firm If you've been injured, call us today at the Adler Law Group LLC in East Hartford for help. We can advise you, ​take on ​all the paperwork and negotiations, and fight to get you the compensation you deserve so you can concentrate on recovery.

Your personal injury lawyer is a key player in the success of your East Hartford, CT injury case. A lawyer starts by helping you understand if you have a case and then takes over fielding calls from the insurer and making sure all your filings and paperwork are done in a timely and correct manner. But your lawyer has an even bigger job: that of negotiator. How Does Your East Hartford, CT Personal Injury Lawyer Handle Settlement Negotiations? Ultimately, the goal is always to handle the negotiations in a way that will maximize your compensation while avoiding the time, expense, and uncertainty of a trial, if possible. Most personal injury cases get resolved through negotiated settlements rather than court verdicts because that's usually in everyone's best interests. Case Preparation and Valuation Your attorney has a lot to do before ever actually hitting the negotiating table. They will need to investigate the accident itself to understand the strength of your case and all the evidence available. Then they'll need to collect all this evidence, decide what's most valuable, and piece everything together to make a strong case for who is liable and how much you should be compensated for. The Demand Letter Once everything has been calculated, your attorney will send a strongly worded demand letter to the insurance company or at-fault party. This letter must lay out all the facts and arguments for liability, itemize all the damages and provide supporting documentation, and give a specific demand settlement number. Your attorney will usually advise you to give a number that's higher than you really need to allow some room to negotiate. The insurance company typically responds with the number that's too low for the same reason. The goal is to meet somewhere in the middle. Dealing With the Response Insurance companies usually respond with a counteroffer, and, as mentioned, this is often a lowball offer. At this point, your attorney will analyze their offer, counter it with evidence and legal precedent, and communicate professionally but firmly to create a clear written record. Entering Back-and-Forth Negotiations There may be multiple rounds of back-and-forth negotiations at this point. Your attorney will use various strategies, depending on what's right for your situation. In some cases, they may lean hard into the evidence to show strong proof of liability and of your losses. Other times, the best tack may be to threaten litigation. In a different situation, it might be best to be patient and hold back. Your attorney may also highlight the weaknesses in the defensive position to urge them to come to a reasonable settlement. Your lawyer will take care of all these steps to protect you from pressure tactics designed to get you to sign a settlement too early for less than you are owed. A skilled attorney makes a big difference. Reach out to us now at the Adler Law Group, LLC in East Hartford, CT for help. Our attorneys have over a decade of local experience, and your interests are always our highest priority.

Car accidents can get very tricky when the facts are in dispute, and your East Hartford, CT personal injury lawyer may turn to expert testimony to prove what really happened, the extent of the harm that was done to you, and to build a strong case. What Role Does Expert Testimony Play in Car Accident Litigation? In car accident lawsuits, a regular witness is usually describing what they saw or experienced. An expert witness, however, is someone who knows how to analyze evidence and draw certain conclusions based on their training and experience. Connecticut law describes experts this way: "A witness qualified as an expert by knowledge, skill, experience, training, education or otherwise may testify in the form of an opinion or otherwise concerning scientific, technical or other specialized knowledge, if the testimony will assist the trier of fact in understanding the evidence or in determining a fact in issue." Common Types of Experts in Car Accident Cases Accident Reconstruction Specialists These specialists use their understanding of science and engineering to recreate the crash. By examining skid marks, vehicle damage, and road conditions, they can calculate the speeds and angles of the vehicles in question and use that to reconstruct the sequences of events. This helps prove who was at fault, and it's especially valuable in multi-vehicle collisions. Medical Experts Medical experts, such as doctors or therapists, testify about injuries. They take a look at your medical records and exams and use this to explain to the court how an accident caused you harm. Medical experts are brought in to support your claims for medical costs and lost wages. They are especially valuable when the other side questions whether an injury was actually caused in the accident or whether you are truly unable to work. Sometimes specific vocational experts will be called in to discuss how your injuries affect your ability to work. Economic Experts These experts are called to help calculate your full financial damages into the future, factoring in inflation and life expectancy. These experts are typically needed when you have sustained injuries that will require long-term care. How Your East Hartford, CT Personal Injury Lawyer Will Use Experts Your lawyer will begin building your case by doing a thorough investigation, but this investigation may reveal some gaps where an expert's input is needed to show what happened. If the accident was particularly complex and involved many vehicles, then it's often wise to get an accident reconstruction expert to look at things right from the beginning.If experts are needed, your lawyer will call on them to prepare a detailed report that outlines their findings and the methods they used to reach those findings. These reports will then be used as evidence for your claim and in court. Sometimes a strong opinion from an expert can prompt the insurance company to make a better settlement offer and allow you to avoid going to court entirely.If you're dealing with a car accident, reach out to us now at the Adler Law Group, LLC in East Hartford, CT.

It's always hard to predict exactly how long a personal injury lawsuit will take because each one is unique. The best way to find out how long your case may take is to speak with an East Hartford, CT personal injury attorney to go over your case. However, the following can give you a general idea of what to expect. In general, you can expect a PI case to take between a couple of months and a couple of years. The biggest single factor is liability. If liability is crystal clear, meaning there is no dispute over who is responsible and to what degree, then the case will typically resolve fairly quickly. If there's a lot of dispute about liability, things can stretch on for a long time. Here are some other factors that can shorten or extend the timeline: Severity of Injuries In most cases, you can't effectively bring a claim until you've reached what's known as Maximum Medical Improvement. This is the point at which it's not expected that you will recover further. It can be quite difficult to project expenses into the future, so it's best to wait until the medical picture is as clear as possible before bringing a claim. It can take some time to reach MMI, however, and there can also be debate about whether you have reached it. If you're not going to reach MMI for some years, or if you will never fully recover and will need extended long-term care, you'll have to be able to prove this in negotiations or in the courtroom. Multiple Injured Parties If you were injured in a multi-car accident, for example, and there are several people with injuries and multiple parties with potential liability, things can become extremely complicated. It's important that your case not fall through the cracks, which makes having your own attorney especially important. Refusal to Negotiate If the other side refuses to negotiate in good faith, this will typically extend the situation. This is often tied to the clarity of liability: if liability is clear, the other side is less likely to fight back. But that's not always the case. Sometimes even when it's obvious that someone they cover is responsible for an accident, an insurance company will still refuse to acknowledge the extent of your injuries or the reality of your losses and offer any kind of reasonable settlement in negotiation. The Complexity of the Accident One last thing that can make things more difficult is a highly complex accident situation, where it's difficult to work out what really happened. If your lawyer has to retain multiple expert witnesses to reconstruct the accident, this can take time. Talk to an East Hartford, CT Personal Injury Attorney Today For specific help with your accident claim and to find out better what to expect, contact us now at the Adler Law Group, LLC in East Hartford, CT to speak with an attorney.

If you're being charged with a drug crime here in East Hartford, CT, don't think that just because the charges have been filed that the case is a slam dunk against you and there's nothing that can be done. There are several things that a criminal lawyer can do to defend you. Argue the Search Was Illegal If the police did not have a search warrant, then they must have reasonable cause to believe that you are engaged in illegal activity to search you. One of the first avenues of defense is to investigate the whole incident and discover whether the police had a legal reason to do what they did. If it turns out they did not, then any evidence they turned up could be excluded; and without evidence, it's going to be very difficult to bring a case against you. Challenge the Crime Lab Analysis Once the police take what they think are drugs, they must officially prove that that's indeed what they are. This means they have to send the "drugs" to their crime lab to be analyzed, and your lawyer will look into whether there are any errors in the report or concerns about that lab. If there are any issues in the report or a history of concerns about the lab, your lawyer may be able to require the crime lab analyst to testify at trial and the crime lab to prove their testing methods are accurate. You might be surprised how many labs fail under proper scrutiny. Contest the Chain of Custody If drugs are seized in a search, even a legal one, the police must be able to document and verify the entire "chain of custody" from start to finish. If that chain is broken or suspect at any point, your attorney can challenge the drugs, and they may not be usable in court. Arguing the Drugs Aren't Yours Another possibility for defense is showing that the drugs didn't belong to you. The prosecution has to show that you had control of or access to the drugs, and while "access to" is a fairly low bar, it's still possible in many cases to challenge this and introduce reasonable doubt. It really all depends on the precise circumstances of the case. If you were found with drugs actually on your person or sitting on the front seat of your car, you can't argue you didn't have access and control. But if the drugs were found in a drawer of a shared home, or if you were driving a friend's car and the drugs were found in the trunk hidden under the mat, it might be easier to introduce doubt. Talk With a Criminal Lawyer Right Away Don't wait to talk to a criminal attorney, and don't speak to the police or introduce any of the above theories on your own, as it could backfire. Call the Adler Law Group, LLC Attorneys at Law in East Hartford, CT now at 959-256-2177.

Since many employers in East Hartford, CT have workers' compensation, you might imagine that you don't need a personal injury attorney if you've suffered a workplace injury. In reality, there's a lot that an attorney can do to help you after a workplace accident. How Can a Personal Injury Attorney Assist After an East Hartford, CT Workplace Accident? Helping You Get All the Compensation You're Owed The workers' compensation system is designed to ensure that employees get some benefits. Unfortunately, you're still dealing with an insurance company, and insurance companies are notorious for making things as difficult as possible. When you're trying to deal with an injury and recover from it, it can be extremely difficult to also have to deal with insurance adjusters, answer all their questions, and fight for coverage that you're entitled to but which the insurance company is trying to deny. An attorney can be a huge help here. Bringing a Lawsuit Workers' compensation does make it more difficult to bring a lawsuit, but it's not impossible, particularly in certain situations. There are two exceptions to the rule that you cannot sue. First, if a third party not your employer or a fellow employee was responsible for your accident, you can generally bring a lawsuit. And second, there are also are some very limited circumstances where you can bring a lawsuit against your employer or a fellow employee. No one can tell you whether that's an option for you except a lawyer with specific knowledge of your circumstances, but here's an overview of the rules: Suing Your Employer or a Fellow Employee Under nearly all circumstances, your employer is protected from liability so long as they have workers' compensation. There are three big exceptions to this rule. First, if your employer intentionally injured you, you can sue them. Second, if a minor is killed while employed illegally, the child's family can bring a wrongful death lawsuit against the employer. Third, you can sue your employer if they did not maintain the amount of workers' compensation insurance coverage that's required under Connecticut law. Even if they have some, if they haven't got the right amount, a lawsuit is a possibility. You can sue a fellow employee under a few limited circumstances, as well. Again, if a coworker injured you on purpose, that's an option. Or, if they were negligent in the operation of a car or truck, you can usually bring a lawsuit. Third-Party Lawsuits Even if you were injured at work, you can bring a lawsuit if the person or entity that injured you is not your employer or a coworker. For example, if you are injured by a customer, a vendor, or an independent contractor, then a lawsuit becomes a possibility. You can bring this lawsuit even if you are also receiving workers' compensation benefits. To find out all the ways we can help you if you've been injured in the workplace, contact the Adler Law Group, LLC Attorneys at Law in East Hartford, CT right away for help anywhere in the larger Hartford area.

A breach of contract can have a devastating effect on a Connecticut business. Even in a best-case scenario, it can slow things down and cost not only money but also reputation. Commercial law does permit you to seek remedies for breach of contract, so talk to a lawyer in East Hartford, CT as soon as possible to find out what your options are and what remedies are best to seek in your situation. There are three main remedies in a breach of contract situation: 1. Liquidation Damages Liquidation damages are specific sums of money or particular remedies specified in the original contract. If one party has breached the contract and refuses to pay the penalty that agreed upon in that contract, the court can compel the terms of any penalty provision to be kept. 2. Compensatory Damages Compensatory damages are meant to reimburse one party for the losses they have sustained because of the breach of contract. If your business lost money because of the failure of a partner to uphold the terms of a contract, that should be reimbursed to you. If, for example, you were unable to complete a project because a vendor did not provide the materials as promised, the vendor should reimburse you for the lost income from the lost project, not just a refund of the cost of the materials. 3. Performance of Contractual Obligations Finally, the court can also compel the other party to fulfill the terms of the contract. This is often the ideal route, though in some cases if a breach of contract has occurred because the party does not have what is needed to fulfill their obligations, this remedy may not be possible. In addition to the three primary damages mentioned above, in very rare cases it may be possible to collect punitive damages. Punitive damages are usually only applied by the court in especially egregious breach-of-contract situations and are not designed to reimburse but to punish, and thus warn others away from engaging in similar behavior. What Counts as a Contract, and How Do You Prove a Breach? A contract has to be proposed by one party, accepted by the other, and contain the exchange of something of value to count as a contract. In Connecticut, both written and oral contracts can be enforced by the courts, but oral contracts are notoriously difficult to prove. To prove a breach, you will need to show that there was a valid contract in place, that there were specific elements of the contract that were violated, and that you suffered damages as a result. It's not enough to simply show that the terms of the contract were breached. You must show that your business suffered an injury, usually a loss of money, but also a loss of time or reputation. For help with any element of commercial law, reach out to the Adler Law Group, LLC in East Hartford, CT.