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Recent Blog Posts
What Are the Long-Term Effects of Traumatic Brain Injuries?
There are a variety of situations where a person may suffer a traumatic brain injury (TBI), such as a car accident, slip-and-fall accident, or assault. Even though injuries that affect the brain may not be as immediately obvious as other types of bodily harm, they can have a huge impact on a person’s health and well-being. Unfortunately, TBIs are not always easy to recognize, and their effects may not become fully known until days or weeks after a person was initially injured. By understanding the long-term impact of a brain injury, victims can recognize how these injuries have affected their lives, and they can take steps to recover compensation from the person or parties who were responsible.
What Remedies Are Available in a Breach of Contract Lawsuit?
Contractual agreements are crucial for businesses. They may be used when making significant transactions, entering into a relationship with another business, or ensuring that employers and employees understand their rights and requirements. However, businesses may encounter situations where one party to a contract does not follow their legal obligations. In cases involving contract disputes, the parties will need to understand the potential remedies that may be available if a court determines that one party has committed a breach of contract.
Breach of Contract Remedies
During a civil lawsuit, a judge or jury will review the facts of the case to determine whether a breach of contract occurred. If the court finds that one party has not followed the terms of the contract, certain remedies may be awarded to the other party. These may include:
What Damages Can a Family Receive in a Connecticut Wrongful Death Case?
The loss of a loved one can be difficult in any circumstances, but these situations can be especially hard when a person was killed due to someone else’s actions. In these cases, a family will not only experience emotional trauma because of their loss, but they will most likely encounter financial problems related to issues such as medical bills and an unexpected loss of the income the deceased person would have earned. To address these and other losses, family members may pursue a wrongful death claim against the person or company responsible for their loved one’s death.
Connecticut Wrongful Death Cases
Under Connecticut law, a party who was legally responsible for a person’s death may be held liable for damages caused to the person’s family members. A legally responsible party may include a driver who caused a car accident in which a person was killed, a driver or company that was liable for a fatal truck accident, or a person who committed homicide or inflicted fatal injuries in an assault. A liable party may be required to compensate a family for medical expenses related to their loved one’s treatment, including the costs of hospitalization and nursing, as well as funeral expenses and other “just damages.” Recoverable damages will include:
Understanding Severance Agreements in Connecticut
Severance agreements contain important rights and responsibilities for both employers and employees. Whether you are an employer or an employee who has been asked to sign a severance contract, it is crucial that you understand what you are agreeing to. Failing to understand what the severance agreement actually means can lead to stress, misunderstandings, and even lawsuits. This is why it is important to discuss any questions and concerns you have about severance packages with an experienced employee contracts lawyer.
What is the Purpose of a Severance Agreement?
A severance agreement is a contract an employee signs upon termination. The main purpose of a severance agreement is to prevent terminated employees from filing a wrongful termination action against the employer. In exchange for signing the agreement, the employee receives severance pay, or compensation beyond the term of his or her employment.
Can I File a Personal Injury Lawsuit if I Was Hurt in a NYC Pedestrian Accident?
Many New York City residents and visitors traverse the city on foot. Unfortunately, the increased number of pedestrians sharing the roads with vehicles increases the risk of pedestrian knock down accidents. If you or a loved one were injured in a pedestrian accident in NYC, it is important to explore your legal options. A personal injury claim against the at-fault driver may enable you to recover monetary damages while simultaneously holding the driver accountable for the accident.
Personal Injury Lawsuit Basics
A personal injury claim is a civil claim used to collect damages. Damages are monetary compensation for the harm caused by an injury or death. In some cases, personal injury claims accompany criminal charges brought by the state. However, criminal charges or a criminal conviction are not needed to bring a successful personal injury lawsuit. In New York, most personal injury lawsuits are based on an allegation of negligent or wrongful action.
Legal Options After a Car Accident Caused by Dropped Truck Cargo
Commercial trucks carry everything from building materials to consumer goods. When truck cargo is not loaded and secured properly, it may become loose or even fall out of the truck during transit. This can cause terrible traffic accidents in which people are severely injured or killed. If you were injured or a loved one was killed in a car accident caused by dropped truck freight, it is important to learn about your legal options.
Suing a Trucking Company for an Accident Caused by Poorly Secured Freight
The Federal Motor Carrier Safety Administration (FMCSA) has instituted strict requirements for how truck cargo should be loaded and secured. Cargo must be evenly distributed in the trailer or on the truck bed so that the truck’s maneuverability is not adversely affected by the load. The cargo must be tightly secured so that it does not move around during transit. When trucking companies do not follow these rules, cargo may fall out of the truck and spill onto the road below. Cargo may strike a vehicle or become a dangerous obstacle that other motorists must swerve to avoid. If you or a loved one were involved in an accident caused by truck cargo, you may be able to sue the liable party for negligence.
Understanding the Role of Trusts in a Connecticut Estate Plan
Many people equate estate planning with creating a last will and testament. While a will can certainly be a useful estate planning tool, several other estate planning instruments may also benefit you and your loved ones. Trusts are commonly used to transfer assets without needing to go through the probate process. Trusts are especially beneficial for individuals with minor children or wish to leave an inheritance to someone with a disability. Utilizing trusts in your estate plan can also help you protect assets from creditors and minimize estate taxes.
How a Revocable Living Trust May Benefit You and Your Family
There is a trust for almost every estate planning objective a person can have. However, most trusts fall into two main categories: revocable trusts and irrevocable trusts. A revocable living trust is a trust that you establish during your lifetime and use to transfer assets to heirs upon your death. You maintain control over the property in the trust until you pass away. At this point, your successor trustee takes control of the assets and manages the distribution of those assets. Living trusts are revocable or adjustable. Assets transferred through a living trust do not have to pass through probate, meaning that the assets are transferred to beneficiaries more quickly than assets transferred through a will.
Filing a Civil Lawsuit After Being the Victim of a Violent Crime in New York
In March 2021, there were over 1600 instances of felony assault and 34 murders in New York City alone. The New York criminal justice system is responsible for holding perpetrators of violence accountable for their horrific actions. While a criminal conviction may result in punitive consequences including imprisonment, criminal penalties do not directly address the harm suffered by the victim or the victim’s surviving family members. A personal injury lawsuit or wrongful death lawsuit may allow for the recovery of damages as well as accountability through the civil legal system.
Filing a Claim Against the Perpetrator of Violence
Per New York law, a personal injury or wrongful death claim may be filed when:
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An injury or death is caused by negligence or wrongdoing and
Establishing Power of Attorney in Connecticut or New York
It can be an uncomfortable subject to consider, but life is finite. Eventually, everyone passes away. Often, an individual’s death is preceded by an incapacitating illness or injury. If you ever become incapacitated and unable to speak for yourself, who would you want to speak on your behalf? A power of attorney is an important estate planning instrument that authorizes someone to speak on your behalf regarding medical or financial concerns. Establishing power of attorney is a crucial component of a comprehensive estate plan.
Power of Attorney for Property and Healthcare
If you are disabled and unable to communicate, you need someone to manage medical and financial decisions for you. A power of attorney assigns decision-making authority to a person called an agent. The agent is someone that you trust to make the same types of decisions that you would make if you were able to do so. A financial power of attorney or general power of attorney assigns financial decision-making authority. The scope of the agent’s financial responsibilities may be broad or limited. The agent is required to make decisions that follow the parameters established by the power of attorney document.
What Is Involved in a Personal Injury Case?
You probably already know that personal injury cases are intended to help injured clients recover financial compensation for damages. Medical expenses, lost income from missed work, reduced earning capacity, pain and suffering, and loss of enjoyment of life are all damages for which an injured person may receive compensation. You may be less sure of how the personal injury claim process actually works. What are the steps involved in an injury case? How long do personal injury cases take to resolve? Will I have to go to court? These are all questions that vary from case to case. However, most personal injury cases follow the same basic steps.
Initial Investigation and Sending a Demand Letter
Whether you are interested in filing a personal injury claim after a car accident, assault, construction site accident, or another injury-causing incident, typically, the first step is investigating the cause of the injury. Your personal injury lawyer will ask you questions about the accident or incident. Next, he or she will start to gather evidence like police reports and records of medical treatment that you have received for your injuries.