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If I Have Alzheimer's, Can I Still Make an Estate Plan?

 Posted on July 05, 2024 in Estate Planning

CT estate lawyerBeing diagnosed with Alzheimer’s can be frightening. You may have serious fears about what is to come. The time to start making any plans you can make is now. Alzheimer’s is a progressive disease, meaning it gets worse as time goes on. It is important to act now to ensure that you have all your nursing home financial planning, powers of attorney, and other estate planning documents completed before you experience a loss of capacity. In Connecticut, you must have what is called testamentary capacity in order to create a will or a trust. This capacity must exist at the time you execute these documents. A Metro New York Area estate planning attorney can help assess your current ability to finalize these important documents. You need a lawyer who is experienced in the evolving field of elder law.

What is Testamentary Capacity? 

Testamentary capacity is the minimum standard a person must meet to create a will or trust. You must be able to establish three facts: 

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Preventing Pregnancy Discrimination Claims

 Posted on June 14, 2024 in Business Law

CT employment lawyerPregnant women who work are afforded a lot of legal protections in Connecticut. An employer who fails to provide reasonable accommodations to pregnant workers or fires a pregnant worker without good cause unrelated to her pregnancy may face costly litigation. However, accommodating a pregnant employee who has a lot of restrictions or needs to take a long leave of absence due to complications can be difficult, especially for small companies with few employees. It is best for employers to have policies in place before the need to accommodate pregnant workers arises. A knowledgeable Metro New York Area employment law attorney can help you create set, lawful policies and navigate any situations that may arise.

Understanding Your Obligations Toward Pregnant Employees

As an employer, you must provide reasonable accommodations for pregnant employees who need them. For example, if a pregnant woman’s doctor has instructed her to eat small meals every few hours due to severe nausea, a reasonable accommodation may be allowing her to have snacks at her desk or to take short breaks to eat throughout the day. You cannot require her to provide medical documentation of her need for accommodation.

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Common Types of Construction Accidents in Connecticut

 Posted on June 06, 2024 in Personal Injury

CT injury lawyerConstruction accidents can be devastating. Workers who are injured in construction accidents are often unable to return to their jobs due to the catastrophic nature of their injuries. Severe burns, spinal cord injuries that cause paralysis, traumatic brain injuries, and loss of limb are all fairly common results of construction site accidents. These accidents often happen because safety regulations have been ignored. If you have been injured in a construction site accident, you may be entitled to significant compensation. The compensation you are owed could include lost future wages, medical expenses, and ongoing care costs. A Greenwich, CT construction site accident lawyer can fight to make sure you receive the full amount of compensation you deserve.

Construction Site Accidents That Happen Frequently

Most construction site accidents could have been prevented. Often, workers are injured because management decided to cut corners on safety measures. Some of the most common types of construction site accidents include:

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When is a Head Injury Considered Catastrophic?

 Posted on May 27, 2024 in Personal Injury

CT injury lawyerHead injuries can range from fairly minor to catastrophic. Some types of head injuries sustained in accidents can be life-altering. Traumatic brain injuries may impact a person’s cognitive or physical ability for the rest of her life. Some people who have suffered these injuries will require permanent round-the-clock care in a skilled nursing facility or from a home health aid. Others will never be able to return to their careers or finish school. Less serious head injuries might be serious but not catastrophic. If you sustained any type of head injury due to an accident caused by another party’s negligence, you should consult a Greenwich, CT catastrophic injuries lawyer immediately. You may be entitled to significant compensation.

Head Injuries That Cause Permanent Disability Are Catastrophic

If a brain injury permanently impacts the types of activities you can and cannot do or changes your career prospects, your injury is likely considered catastrophic. You do not need to be totally disabled and unable to work entirely for your traumatic brain injury to be treated as a catastrophic injury. For example, say you were working as a history teacher, but your brain injury interfered with your long-term memory to the point where you can no longer remember enough information about the subject matter you teach to write a lesson plan without re-learning the material yourself. In that case, you probably have a catastrophic injury.

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Preventing Wrongful Termination Claims

 Posted on May 13, 2024 in Business Law

CT employment lawyerAs an employer, being sued for wrongful termination can be costly. Even if your employee’s lawsuit does not prevail, the negative publicity or damage to your company’s reputation caused by being accused of firing an employee for a discriminatory reason can be damaging. It is best for large employers to take steps to prevent these claims from ever being filed in the first place. When you must dismiss an employee who may try to claim that she was fired for an illegal reason, it is important to speak with a qualified Greenwich, CT employment law attorney. There are steps you can take before firing the employee to reduce the chances that she will sue you for wrongful termination or that a lawyer will take her case.

Document The Employee’s Wrongdoing or Inability to Perform Her Job 

Keep objective and detailed records of any problems with the employee. Include time sheet records showing issues like tardiness or absenteeism, customer complaints about the employee, records of which specific job-related tasks the employee has been unable to perform and how other staff has been affected, and any security camera footage that may support your claims.

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Road Rage Accidents in the New York Metro Area

 Posted on April 25, 2024 in Car Accidents

CT injury lawyerIf there is one negative stereotype about the New York Metro Area that locals and tourists alike would agree rings true, it is probably that the traffic is terrible. While many people wisely choose to commute via public transportation to avoid our area’s notorious traffic jams, this seems to do little to alleviate the problem. The sheer number of people who live, work, and commute by car in the area dictates that there is going to be some degree of traffic congestion, particularly at times of the day when people are going to or leaving work. This level of traffic can easily contribute to road rage - and accidents caused by road rage. If you were injured by a driver with road rage, consult a Greenwich, CT car accident lawyer.

How Dangerous is Road Rage? 

Road rage can be just as dangerous as drunk driving or driving while half-asleep. People who have succumbed to traffic-induced blind rage may make extremely poor decisions in their haste to get out of traffic faster. Extremely angry drivers are more likely to make reckless maneuvers, like cutting other drivers off, running red lights, or even engaging in willful violence against other drivers.

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What if My Car Accident Affects My Career?

 Posted on April 11, 2024 in Car Accidents

CT accident lawyerGetting seriously injured in a car accident can impact many areas of your life, including your job. Most typical car accident injuries, like broken bones, heal over time. That type of temporary injury might force you to take a break from work. During that period, you can likely recover compensation for your lost wages. But what if a catastrophic injury prevents you from ever returning to your chosen career? In that case, you may be eligible for long-term compensation.

If you are now unable to work at all due to injuries you sustained in a car accident caused by a negligent driver, you could receive permanent compensation. If you can do some work, you could receive compensation that roughly equals the difference between the amount you could earn before the accident and the amount you can now earn. A New York Metro Area motor vehicle accident attorney can fight to get you all the compensation you deserve.

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Drafting a Strong Non-Compete Clause in Connecticut

 Posted on March 27, 2024 in Business Law

CT employment lawyerMany employers who do not seek the advice of an attorney when drafting their non-compete clauses for employees inadvertently write clauses that cannot be enforced later. Non-compete clauses must meet certain legal requirements, or they may be deemed impracticable or unconscionable. Courts are unlikely to enforce non-compete clauses that do not give former employees a reasonable opportunity to find work after leaving a company. If you plan to have your employees sign a non-compete clause as a condition of employment, it is important to have a Greenwich, CT, employment law attorney draft the clause to ensure future enforceability.

Requirements of a Non-Compete Clause in Connecticut

A non-compete clause generally cannot be so restrictive that your employees will have no choice but to continue working for you or leave their field entirely unless they relocate a substantial distance. The purpose of a non-compete agreement should be to prevent an employee from using skills you taught them to benefit a direct competitor.

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How Serious is a Rear-End Collision in the Metro New York Area?

 Posted on March 14, 2024 in Car Accidents

CT injury lawyerRear-end collisions are one of the most common types of car accidents. In some cases, these collisions are fairly minor, causing only a dented bumper. However, rear-end collisions can be much more serious than a typical “fender-bender.” People can get seriously injured when the car they are in is hit from behind by a careless driver. Whiplash, while sometimes treated as a joke in sitcoms, can be a major injury when certain types of bodily harm result from a person’s head and neck being thrown forward and then backward. If you were injured in a rear-end collision, it is important to contact a Greenwich, CT, car accident attorney right away so a lawyer can begin gathering evidence promptly.

Factors in How Serious a Rear-End Car Crash is

A rear-end collision is more likely to cause serious bodily harm if the driver in the vehicle behind was:

  • Driving drunk - Drunk drivers are far more likely to cause an accident than sober drivers, which is why driving under the influence is illegal. While a sober driver is likely to at least attempt to start braking before impact, a drunk driver may not react in time to brake at all, causing a much harder impact. 

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Understanding Hostile Work Environments

 Posted on February 20, 2024 in Business Law

CT employment lawyerThe more employees you have, the more likely it is you will be threatened with a hostile work environment claim. Many employees do not understand what this claim actually means. A hostile work environment is not one in which your employee simply feels that other employees have been rude or unpleasant to work with. To sustain a legal claim for a hostile work environment, your employee would need to prove that they have been deliberately mistreated or discriminated against based on their membership in a protected class. It is somewhat rare for this type of claim to succeed. However, if you have received legal threats of any kind from an employee, it is important to immediately contact a Metro New York Area employment law attorney for advice on how to proceed.

The Legal Meaning of “Hostile Work Environment” 

Many employees will be quick to claim a hostile work environment if they are not getting along with their coworkers or generally feel like they have been treated unfairly due to a personality clash. However, this is far from the proper legal meaning of “hostile work environment.” To prove this claim, your employee would have to prove that they have been unlawfully discriminated against or harassed because they are a member of a constitutionally protected class.

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