Jim Bergenn's practice is comprised of complex criminal and civil litigation, including white collar crime and government investigations, substantial personal injury and wrongful death cases, and other trials involving substantial consequences. With more than 30 years of experience as a trial attorney and instructor, he is called upon regularly to use his trial skills, and experience with investigations and experts in diverse significant cases.
Jim handles a wide range of criminal cases, representing targets of investigations, criminal defendants, grand jury and other witnesses, and corporate and individual victims of crimes. He works in cases prosecuted by the gamut of federal, state and local authorities, such as the US Attorney’s Office, The Chief State’s Attorney’s Office, State and Federal Grand Juries, the FBI, the State Police, the SEC, the DEA, the ATF, the DOD, the IRS, the FDA, the FTC, the Office of Inspector General for various Federal Agencies, the various state regulators such as the Attorney General, the DEP, the DOH, the DMR, the DCF, the Office of Consumer Protection, and the local police.
In the Personal Injury area, he represents people in all types of personal injury cases including accidents involving motor vehicles and motorcycles, products and premises liability, construction accidents, drownings, boating accidents environmental hazards and medical malpractice. He handles sexual assault cases on behalf of both adult and children victims. The injuries in the cases he has prosecuted include death, burns, RSD, paralysis, blindness and Legionnaire’s disease. He uses technology to help jurors understand in simple terms what might otherwise be complex, including video reconstruction, videotaped depositions, and clear use of illustrations, charts, maps and highlighted documentary evidence. Most of his cases use expert witnesses, including accident reconstruction experts, and economic and medical experts to establish damages.
After years of litigation, negotiated a $3.5 Million settlement, which is the largest reported Section 1983 settlement in a civil rights claim for excessive force by law enforcement in Connecticut.
Lead trial counsel winning a $12.4 million jury verdict (plus attorney’s fees) in suit brought for developers against the Town of Branford, Connecticut. New England Estates v. Town of Branford (Complex Litigation Docket, Waterbury, September 2007). Proved that the Town’s taking of their interest in an option contract to buy a 77 acre parcel the land, for development of housing and a 9-hole golf course, resulted in a loss of over $1 million invested and lost profits in excess of $11 million. Attorney Bergenn's trial presentation included the use of digitized documents, maps, depositions, aerial photos, and damages analysis, using presentations by the client developer’s Licensed Environmental Professional and Site Plan Engineer, a developer himself, and an independent Forensic Accountant as well as adverse witness examinations of each of the relevant elected Town officials, the Town Attorney, the Town Engineer, the Town Planner, the Town Recreation Director, and the Town’s Licensed Environmental Professional. The jury credited the Developers and their witnesses over the testimony of the elected officials and their professionals.
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