Hit and run accidents occur every day in Connecticut. Despite state laws that require any driver involved in a collision to stop as soon as it is safe and exchange contact information with others involved in the accident, hit and run drivers often try to shirk responsibility by fleeing the scene.
A hit and run accident can put injured victims in a tight spot: normally, an at-fault driver’s insurance coverage provides compensation to those injured in a car crash. Fortunately, with the help of an uninsured motorist attorney, hit and run victims can receive compensation from insurers even when the offending driver cannot be located.
Hit & Run Accident Coverage From Your Own Insurer
According to a National Highway Traffic Administration study, approximately one out of every eight motor vehicle accidents is a hit and run. So how can those who suffer injury in these crashes collect compensation?
Connecticut auto insurance policies provide for uninsured motorist coverage. This coverage pays financial compensation for injuries sustained by you and your passengers when the driver of another vehicle is at fault in an auto accident, but either does not have liability insurance or cannot be identified. Uninsured motorist coverage may also double as underinsured motorist coverage, providing cash when an at-fault driver carries liability insurance, but his or her policy limits are too low to cover expenses following a car crash.
Uninsured and underinsured motorist insurance is one of the most important types of auto coverage you can purchase, and the premiums are relatively inexpensive. Uninsured or underinsured motorist coverage can do wonders to help you meet mounting expenses following a hit and run accident or any kind of car crash in which the other driver does not have premium liability coverage.
Getting What You Deserve From Your Insurance
If you have been the victim of a hit and run accident, an uninsured motorist lawyer can help you get the most out of your insurer. Insurance claims adjusters frequently try to save their companies money by settling car accident claims for as little as possible. An experienced Connecticut accident injury lawyer will give you the leverage to collect the amount you are entitled to.
Following a hit and run accident, you should first attend to immediate medical needs and contact the police. But, it is also critical to engage a personal injury attorney as soon as possible so that you can get the money you need for medical bills, lost wages and other costs associated with your injury.
Divorce mediation is a process in which a divorcing couple attempts to resolve their outstanding issues with the assistance of a neutral third party (divorce mediator). A divorce mediator is typically an attorney with a family law background and training in dispute resolution.
Divorce mediation may or not be appropriate for your case.
The advantages of Divorce Mediation
1) Relaxed environment. Mediation sessions usually take place in the mediator’s office. The setting is more relaxed and informal than appearing in court in front of a judge.
2) Cost. Promoters of mediation usually market the process as being less expensive than a litigated divorce. This may be true in some cases but not true in others. The answer turns on the extent of the litigation. A fully contested divorce involving custody of children, significant assets, property claims and other financial considerations will be expensive by most standards; especially if the case ultimately goes to trial.
3) Pirvacy. There is more family privacy in mediation. Obviously, the sessions are not open to the public as most court proceedings are. In addition, the negotiations are confidential.
4) Quicker resolution. Some courthouses have a heavy docket of family cases. Therefore, mediating your issue(s) may provide a more timely resolution rather than enduring litigation.
Consider these additional factors
1) Will your spouse cooperate? Both spouses need to participate in a cooperative and meaningful way. If one spouse is opposed (or even reluctant) to mediation it probably will not be effective. In addition, if a spouse refuses to be transparent with their finances mediation will not work.
2) Is your spouse violent or abusive? The dynamics of the relationship may prevent mediation. For example, if the level of animosity is high or if one of the spouses is violent, intimidating or abusive you should plan on proceeding to court rather than mediating.
3) Do you or your spouse want to “win”? A mediator is not a judge. The mediator makes recommendations; that’s it. A mediator cannot make orders nor can the mediator make demands of either of you. If you are looking to have your position validated or you want the mediator to “take sides” do not go to mediation.
Additional thoughts – consult your own lawyer
The mediator’s objective is to achieve a settlement. The mediator is not an advocate for a particular position; instead the mediator is trying to settle the case. In an effort to get a deal done your position may be compromised. You should always have an attorney review any proposal before agreeing to it. Better yet, have an attorney guide you throughout your mediation process. You should consult with your lawyer before or after a mediation session to clarify points and better prepare for further negotiations.
Here is a brief summary of the process of the Connecticut DCF Central Registry process:
1. DCF must substantiate child abuse or child neglect. Therefore, if DCF fails to substantiate abuse or neglect then there is no Central Registry placement.
2. If there has been a Substantiation for abuse or neglect DCF must then prove that the perpetrator “poses a risk to the health, safety or well-being of children.” This varies by case and is decided by evaluating the circumstances. A few factors include the intent of the perpetrator, the severity of the impact on the child victim and the chronicity of the perpetrator’s conduct.
3. There are certain instances which result in automatic recommendation for Placement on the DCF Central Registry. A few of these include: Sexual abuse, a prior Substantiation record for physical or emotional abuse or the perpetrator is arrested for the act of abuse or neglect and that act was ultimately Substantiated by DCF.
The recommendation by DCF for placement on the Central Registry may be appealed. The decision to appeal should be made immediately upon receipt of the DCF decision for Central Registry placement. These appeals are time sensitive. Missing a deadline or not following procedure can preclude the opportunity to appeal the DCF Substantiation finding and/or their Registry recommendation.
Please email me or call (203) 259-5251 to discuss a Connecticut DCF Central Registry appeal.
A Financial Affidavit is the single, most important document in a Connecticut divorce or other family court matter. It is the foundation from which the court will enter monetary orders, distribute property and allocate liabilities. The preparation of a precise Affidavit cannot be overstated.
The Financial Affidavit is a sworn statement of a one’s income, assets, debts and liabilities. All figures should be represented as weekly figures notwithstanding that virtually every expense is paid monthly and many people are paid either semi-monthly or bi-weekly. The easiest way to convert a monthly figure into a weekly figure is to divide by 4.3. For example, a $100 monthly cable bill should not be reflected on the Financial Affidavit as a $25 weekly but rather an expense of $23.25.
Reflecting income is relatively straightforward. The last 13 weeks of income from pay stubs should be averaged and entered on the Affidavit. Supporting documentation such as tax returns, 1099’s and W’2’s are useful in cases where income fluctuates or has changed significantly.
All fields in the Financial Affidavit should be completed. Put a zero or NA as appropriate. Otherwise, the Affidavit looks either incomplete or sloppy.
Most expenses fall into one of three categories:
1. Actual expenses. These are easily verifiable such as a mortgage, car payment or rent.
2. Estimated expenses. These expenses are recurring but tend to fluctuate. For example, food, clothing and entertainment. Simply designate on the Affidavit that the expenses are estimates.
3. Projected expenses. These are major expenses which are anticipated but not yet incurred. For example, a student loan in deferment or a considerable home repair expense which has not yet been undertaken. Make sure to designate that it is a projected expense.
There is a tendency in some cases for a litigant to minimize income, inflate expenses or both. While this may be tempting, it can have a devastating effect on one’s case. First, if a judge determines you have misrepresented numbers on the Affidavit your credibility is shot. You will likely be penalized when the judge decides the financial orders using the accurate numbers. Secondly, an inaccurate Financial Affidavit will make it much more difficult when it comes time to re-evaluate temporary orders or modify orders post divorce.
Bottom line – take the time to do the Financial Affidavit correctly. Doing so will avoid headaches for you and your attorney throughout the process.
Need help with your Financial Affidavit?
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 completing a Financial Affidavit in a Connecticut divorce.
Post judgment motions are simply motions filed after you have been divorced.
At the time of a divorce, certain orders are entered. All of these orders make up the divorce judgment. A post judgment motion is filed to address orders within the divorce judgment.
A post judgment motion usually falls into one of two categories:
1. A motion complaining that an order from the divorce judgment is not being followed. This is known as a Motion for Contempt. Any order in the divorce judgment is subject to being enforced in this manner. The most common example includes a claim that the alimony, child support or other financial obligation or payment is not being made. Another common Motion for Contempt involves the failure of a parent to follow the Parenting Plan (i.e. a custodial parent not allowing a child to visit).
2. A motion claiming that the original orders should be changed. This is called a Motion for Modification. There are spouses who have second thoughts about the original orders. Some even have “buyer’s remorse.” That’s not enough. A Motion for Modification must allege a “substantial change in circumstances” since the prior order was entered. As with Motions for Contempt, many modifications deal with changes in the financial circumstances of a party such a job loss or increase earnings such that the alimony or child support orders should be adjusted. Modifications also include amending orders of custody and visitation to ensure that the controlling orders are in the child’s best interest.
Post Judgment Motions
I represent 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 me in my Stamford office at (203) 356-1475 or in my Fairfield office at (203) 259-5251 to arrange a consultation concerning post-judgment divorce issues in Connecticut.
When drafting Separation Agreements which include provisons for a pension or 401k distrbution, it is cruciial to make sure there is adequate language to address the unpleasant event of the employee spouse passing away.
I just read a very informative article with some great advice concerning the implications if the possibility of the employee spouse dies before former spouse is award the pension or 401k. Of particular importance is the wording on the Qualified Domestic Relations Order (QDRO).
The link to the article is below:
Emily W. McBurney: My Ex Died – Now I Can’t Get the Pension I Was Awarded in Our Divorce