A Connecticut motorcycle rider who was cut off by a teenage driver in 2012 has settled his personal injury case for $975,000.
The rider unsuccessfully swerved to avoid a collision and struck the negligent driver’s SUV going about 20-30 miles per hour.
Fortunately, there were no fatalities. However, the cyclist has already had five surgeries and is likely undergo at least one more. In addition to outstanding medical bills, he stands to lose about $400,000 in wages – not to mention the pain and suffering he sustained.
Based on the information I read, I think the personal injury settlement for this motorcycle accident might have been low.
Two points:
A lawsuit was never filed. The attorney for the motorcycle rider dealt exclusively with an insurance adjuster. The adjuster probably never offered “full value” (they rarely do). This forces the injured party to make a tough call – take the settlement offer now or wait several years for a jury trial hoping to get a better result. Always a difficult decision.
While the driver of the SUV was at fault for the accident, the rider was also issued citations for operating the motorcycle without insurance and without registration plus he did not have a motorcycle license. This certainly caused the insurance company to “discount” their settlement offer.
Yes – you could date.
The question is whether you should date.
I find that dating during a divorce can jam people up in three ways:
1. Custody. Sometimes a parent spends far too much time with the new flame and neglects their children in the process. Or the children are not ready to accept a “substitute” for their mother or father causing resentment and a rejection of that parent. Or the new beau has some “skeletons” such that judge would take issue with him/her being around the children.
2. Alimony and property division. Judges strive to be fair but they do carry a certain set of values or beliefs. (There is a person under that black robe). Judges have great discretion in deciding issues of spousal support and property distribution. It’s not wise to potentially give the judge a reason to not respect you or think you need less because you are involved in a blossoming long-term relationship.
3. Settlement. There’s always the possibility that your soon to be ex will be pissed off because you have moved on. In turn, they focus less on an amicable settlement and much more on retribution through litigation. Your legal fees and anxiety sky rocket.
My advice:
Wait to date – but if you meet be discreet.
I represent divorce clients throughout Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Contact me online or call my Fairfield office at (203) 259-5251 or my Stamford office at (203) 356-1475 if you have questions about Connecticut divorce.
A DCF Investigation of a foster home usually starts the same way as other referrals – a call to their Hotline by a mandated reporter.
The Hotline Worker then screens the call to determine if it meets the guidelines and operational definitions of abuse and/or neglect. If not, the case is not “accepted.”
If it does, then the case is referred to the Special Investigations Unit for a full Investigation.
But there are several differences between an Investigation concerning a foster child and the more typical Investigation of a child in the care of their biological parent or legal guardian.
Interviewing the child. The foster parent must allow a Social Worker to interview the child. If the child is legally committed to the State (as are most children in foster care) then DCF is the guardian so no permission from the foster parent is required.
Access to the residence. Pursuant to State Regulations Section 17a-145-135, each foster family shall grant DCF access to the premises and documents related to the child.
Information concerning the child. As stated above, the foster parent must cooperate in providing information in their possession about the child.
When Abuse or Neglect is Susbtantiated involving a child in foster care the foster the loss of a foster care license is at stake.
In addition, there care collateral consequences of a Neglect or Abuse Substantiation of foster parent who is employed in an occupation where they work with children. Placement on the DCF Central Registry ordinarily results in termination of employment.
Therefore, foster parents are allowed to challenge the original findings by appealing the decision through an Administrative Hearing.
Here are a few of my thoughts on this touchy subject.
When the feeling to divorce is mutual or, if your spouse at least anticipates that a divorce is coming, the conversation tends to be less stressful. Perhaps you have been in marital therapy and both agree that it was unsuccessful. Maybe there have been casual but not “official” discussions about divorce. Or it’s unspoken but understood since you have been distant and living separate lives.
But when it’s unexpected the conversation is understandably much more difficult. No one likes to be “blindsided” let alone by their spouse.
Be certain that you want a divorce before bringing the subject up.
Once you are ready, here are four suggestions:
Be firm but compassionate. Make sure to convey that there is no reasonable hope of reconciliation. Your spouse should know that the decision is final.
Be calm. Do not go on the offensive. If your spouse gets defensive, avoid striking back. Avoid arguments.
No settlement discussions. Let your spouse process their feelings. They may be hurt, angry and conflicted and therefore not the time to engage in productive negotiations.
Consider Timing. When possible, avoid this discussion around the holidays, vacations, important family events and the like. Also, consider timing as it relates to money matters. This is especially true if you are financially dependent on your spouse. Have a plan for separating households and retaining professionals.
Pensions are classified as marital property in Connecticut. Therefore, a judge may award part or all of pension to a spouse as part of a Connecticut divorce.
Judges consider many factors when dividing pensions in a Connecticut divorce. The most important of these are the length of the marriage, the income of the spouses, earning capacity of the spouses, the opportunity for each spouse to acquire future assets and the cause(s) of the breakdown of the marriage. Yes – fault does matter in Connecticut.
Determining the value of retirement accounts like a 401k or IRA is easy – it’s the balance in the account on a particular day. However, valuing pensions can be complex. It is often necessary to retain an actuary or similarly qualified expert to properly value a pension.
Once a divorce court orders that a pension should be divided the court must approve a Qualified Domestic Relations Order (QDRO). In essence, a QDRO instructs the administrator of the pension plan how to pay the non-employee spouse. A QDRO allows funds in a retirement account to be withdrawn without penalty and separated into a spouse’s account (usually an IRA).
Since valuing pensions can be tricky, some judges prefer to leave each spouse with a pension they have in their own name. If a judge uses this approach, it may be necessary to offset the value of the pension by giving the other spouse an asset (or share of an asset) of comparable value. Therefore, even if a spouse is not making a direct claim to a share of a pension it is always necessary to have it valued.
I represent clients throughout Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Contact me online or call me in my Stamford office at (203) 356-1475 or in my Fairfield office at (203) 259-5251 if you have questions about dividing pensions in a Connecticut divorce.
This is tricky.
There is no minimum age for a child to be left alone in Connecticut. I am sure some parents wish there was. It would make their child care decisions a lot easier. When the parents make the wrong “call” it could lead to a DCF Investigation for child neglect or an arrest for risk of injury to a child.
Ouch.
Make the right decision by considering the following:
Age of the child. While it’s not the law, most experts believe age 12 is the minimum. Age 15 for a child to care for a sibling.
Child’s maturity and judgment. This is probably the biggest consideration. Some children are wise beyond their years. Others not so much.
The child’s feelings. If the child is nervous, anxious or simply does not want to be left home alone they clearly are not ready. But the converse is not true. A child who cannot wait to be left alone may or may not be ready!
Length of time to be left alone. A parent running an errand or taking a trip to the supermarket is one thing. Staying out late is another.