You have been injured in a car accident and you are probably wondering: Is it worth it to bring a personal injury claim against the at-fault driver? What kind of compensation will you receive for your injuries?
Even if the driver faces a criminal lawsuit for drunk driving or reckless driving, the only way for you to recover compensation for your injuries is through a personal injury claim. Determining how much compensation you will receive is difficult since it depends largely on the facts of your case. Yet, both personal injury lawyers and insurance adjusters rely on a number of factors to calculate reasonable compensation (of course, both parties will generally disagree about what constitutes “reasonable compensation”).
The following are some of the most important factors to consider.
Who was at fault for the accident?
Connecticut is a “modified comparative negligence” state. This means that you can recover compensation if you were 50 percent or less at fault for an accident. If, however, you were responsible for at least 51 percent of the accident, you will not be able to recover compensation.
The amount of compensation you receive will depend on how negligent you were for the accident. For example, if a court determines that you were 25 percent negligent for an accident and your damages are $100,000, you will only be able to recover $75,000, or 75 percent of the damages.
What are the economic damages?
Economic damages are actual financial damages suffered. You can be reimbursed for your past, current and future medical bills, as well as loss of income caused by the accident (including anticipated income), funeral expenses and property damage. Medical experts and financial experts can help you and your attorney estimate future medical expense and lost income.
What are the noneconomic damages?
Noneconomic damages are more difficult to calculate. They include pain and suffering, scarring, humiliation, impairment, loss of enjoyment of life and more. In many cases, a doctor can assign a rating to your disability based on your injuries. You will also want to consider how the injury or death affects your everyday life. What are the activities you used to do but can no longer do? Were there any pre-existing injuries? Life expectancy will also play a role in determining the damages you can recover.
Are there any punitive damages?
In some cases, such as drunk driving accidents, the at-fault party may also pay you punitive damages for his or her reckless actions. You may be entitled to recover double or triple damages.
This is a case-by-case decision. It is certainly an issue to consider if you are contemplating divorce or already in the midst of a divorce.
It is true that a joint return will usually produce a lower tax than if the two spouses filed separately.
However, there is a downside to filing a joint return – joint and several liability. In other words, the IRS can come after either spouse for the entire tax owed. So, if your spouse is self employed and you do not have a good understanding of the operation of his/her business maybe you should think thrice about filing a joint return. Or, if there is something that just does not “smell right” then avoid the joint return.
Innocent spouse protection is sometimes available but, unfortunately, not nearly as often as people think.
Remember, filing a joint tax return is a choice. Both spouses elect to this tax filing status. But, once you file a joint return there is no turning back. While you are allowed to amend your return (adjust numbers, deductions etc.) you are not allowed to change your tax filing status. Just like many choices in the context of a divorce there are no “do overs.”
Read an example below of what can happen if you make the wrong choice.
Joint Return for Divorcing Spouses – Think Thrice – Then Think Agai n – Forbes
Many people in Connecticut use the terms Protective Orders and Restraining Orders interchangeably. That’s understandable since the primary purpose of both is the same – protection.
But there are several key differences:
Court – Protective Orders are only issued in criminal court after someone has been arrested. Restraining Orders are issued in Family Court.
Duration of order – Protective Orders can last as long as the criminal case is pending. In some circumstances, a criminal court can modify or terminate it earlier. A Restraining Order can be in effect for up to six months. At the end of the of the six months, the judge can extend for an additional six months.
Custody of children – Protective Orders rarely include orders concerning custody of children. With a Restraining Order, the applicant (victim) can ask for immediate custody of children in common with the respondent (perpetrator). The Family Court also can design other orders for the protection of children and even pets.
I represent clients in these related matters through out Fairfield and New Haven Counties including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford, Greenwich, Shelton, Orange and Milford.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 to schedule a consultation.
What is the difference between the two?
Litigation is rights based. What am I entitled to?
In litigation, you must factor in how much it would cost to get what you believe you are entitled to. This not only includes the financial costs of litigation (i.e. attorney fees, expert witnesses etc) but also the emotional cost of an adversarial proceeding.
Mediation is needs based. What do I really require?
A link to a discussion on mediation appears below. Listen to it. It might help you decide which approach is better suited for your situation.
Be Smart About Mediation :: Divorce Source Radio | Free Audio Programs Related to Divorce
A few Public Acts of interest in the DCF arena:
HB-5217. Currently all adoptions must be heard in the Probate Court. This Act would allow DCF to file adoption petitions in the Juvenile Court if that was the court, which terminated parental rights. This Act is a long time coming and should make the adoption process much more efficient.
This Act also requires the Chief State’s Attorney to conduct a criminal investigation of people who falsely report child abuse or child neglect. Hopefully, this will make false accusers think three times before calling DCF when their sole purpose is vengeance or to gain leverage in a custody case.
SB-156. This Act would set minimum visitation requirements – at least once per week – for separated siblings placed in DCF custody. Unfortunately, the Act is not scheduled to become effective until October 1, 2014.
SB-294. This Act requires a DCF Social Worker (or an agent of DCF) to visit each foster home at least once every sixty days. Good start but I would like the visits to be more frequent – say monthly. I know the argument is lack of DCF personnel but hey it’s about child welfare. This would be especially true in cases where a child has identified “special needs.”
A few Public Acts of interest in the DCF arena:
HB-5217. Currently all adoptions must be heard in the Probate Court. This Act would allow DCF to file adoption petitions in the Juvenile Court if that was the court, which terminated parental rights. This Act is a long time coming and should make the adoption process much more efficient.
This Act also requires the Chief State’s Attorney to conduct a criminal investigation of people who falsely report child abuse or child neglect. Hopefully, this will make false accusers think three times before calling DCF when their sole purpose is vengeance or to gain leverage in a custody case.
SB-156. This Act would set minimum visitation requirements – at least once per week – for separated siblings placed in DCF custody. Unfortunately, the Act is not scheduled to become effective until October 1, 2014.
SB-294. This Act requires a DCF Social Worker (or an agent of DCF) to visit each foster home at least once every sixty days. Good start but I would like the visits to be more frequent – say monthly. I know the argument is lack of DCF personnel but hey it’s about child welfare. This would be especially true in cases where a child has identified “special needs.”