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Recent Blog Posts
Can Families Collect Punitive Damages in Wrongful Death Cases?
In personal injury cases, a person who suffered an injury because of someone else’s negligence may seek compensation for damages resulting from that injury. Usually, these damages are economic, such as lost wages from time off work, medical expenses, and more. Sometimes, the victim may be able to collect compensation for non-economic damages like emotional distress, pain and suffering, loss of enjoyment of life, and loss of intimacy. Occasionally, a plaintiff is awarded punitive damages.
Punitive damages are rare but are most common in wrongful death cases. Wrongful death is when a person dies because of someone else’s negligence or recklessness. The family of the victim may be able to sue the defendant — the person who allegedly caused the death — for damages. In some wrongful death cases, particularly those where the family is represented by an experienced Connecticut personal injury attorney, the jury may grant the family punitive damages.
5 Things to Look Out for When Accepting Real Estate Offers
Selling real estate can be a complex and drawn-out process. Some properties sit on listings for years before receiving viable offers. A seller might be tempted, therefore, to accept the first offer that comes in or one that meets the asking price even though there are red flags. However, sellers should remember that price is only one aspect of a real estate sale. There are legal nuances of the process that should be carefully reviewed by a Connecticut real estate attorney.
Here are five things sellers should look out for when accepting real estate offers.
Low Earnest Money Can Signal Low Interest
It is common for potential buyers to place an earnest money deposit when extending an offer on a property. This deposit, which is placed in escrow until the deal is closed, signals that the buyer is tendering the offer in good faith. In the real estate market, earnest money is typically around one percent to three percent of the asking price. If a buyer deposits earnest money below one percent, it may be a sign that he or she has low interest or is not serious about the offer.
How Do Dram Shop Laws Impact Drunk Driving Injury Claims?
Under Connecticut law, establishments that sell alcohol can sometimes be held responsible for the damages caused by drunk patrons. These are referred to as dram shop laws (named after a unit of measurement used for liquor). If a drunk driver causes injury, dram shop laws make it possible to not only hold the driver liable for damages but also the bar, club, or restaurant that served the driver the alcohol.
This article will explore dram shop laws and how they impact drunk driving injury claims. If you are injured by an intoxicated driver, contact an experienced Connecticut drunk driving injury attorney.
What Is Connecticut’s Dram Shop Act?
Connecticut’s Dram Shop Act makes an establishment liable if it serves alcohol to a visibly intoxicated patron and that patron then causes damage. It is designed to make sure bars, clubs, and restaurants distribute liquor responsibly and safely. Victims who have been injured by a drunk person who was sold alcohol may be able to claim up to $250,000 for damages from a dram shop.
5 Reasons to Avoid a DIY Trust
A trust is an excellent legal tool that can help safeguard your assets, your health, your family, your privacy, and more. It is an entity that can assume ownership of your property to protect it from creditors, taxes, publicity, and other threats.
Trusts involve three people:
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The grantor sets up the trust.
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The trustee manages the trust and its assets.
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The beneficiary receives the assets or benefits from the trust.
Trusts are best created by an experienced Connecticut estate planning attorney. In today’s do-it-yourself era, however, some estate planners attempt to create their own trusts through AI or software programs. This contains several pitfalls that can spoil the effectiveness of a trust. Here are five reasons to avoid setting up a trust on your own.
How Do Non-Economic Damages Work in Connecticut?
Most personal injury claims are to compensate the victim for money that he or she spent. A person who broke his leg from slipping and falling, for example, might demand compensation for lost wages if he has to take time off work. He might also claim compensation for medical expenses, including pain medication. These are referred to as economic damages because they are compensating the victim for financial losses.
Less common, however, are non-economic damages. These refer to non-financial losses incurred by the claimant. In this article, we will explore how non-economic damages work in Connecticut and how to contact an experienced Connecticut personal injury attorney.
What Are Non-Economic Damages?
Sometimes, a person who suffers an injury may experience emotional or psychological injuries that are harder to assess than broken limbs and flesh wounds. Therefore, it can be harder to claim compensation for such damages, which may include:
Understanding Noncompete Contracts After FTC Challenges
In 2024, the Federal Trade Commission (FTC) tried to ban most noncompete agreements in the U.S. These contracts stop employees from joining competitors or starting similar businesses for a certain time after the employee stops working for a company. The FTC believes that noncompete contracts hurt workers and limit competition.
This new rule aimed to cancel most existing noncompete contracts and block new ones, except in a few cases. This move stirred up legal battles, especially from businesses that see these contracts as vital to protecting their secrets and staying competitive. If your company uses noncompete contracts, you need a Connecticut business lawyer in your corner.
Are Noncompete Contracts Currently Valid?
The U.S. District Court for the Northern District of Texas recently ruled against the FTC's attempt to ban noncompete agreements. The court found that the FTC had overstepped its authority by trying to create a rule that was too broad and without enough justification.
4 Defenses Against Hostile Takeovers in Connecticut
A hostile takeover is when a corporation is acquired against the wishes of the company’s board of directors or management. There are different ways to perform a hostile takeover, all of which require complicated legal maneuvers.
An individual or company called the acquirer may want to execute a hostile takeover for a few reasons:
- Because the target company is undervalued and may therefore be profitable for the acquirer
- Because the acquirer wants ownership of the target company’s technology, product, brand, or other asset
- Because the acquirer wants to make changes in the company
In 2022, Elon Musk performed a hostile takeover of Twitter by first purchasing nine percent of the company’s shares and then issuing a generous tender offer to Twitter’s general shareholders. The company tried using the poison pill strategy, which will be explained below. However, because Musk’s offer was so much higher than the company’s value, Twitter’s board risked being sued by shareholders if it blocked the acquisition.
Can a Connecticut Trench Collapse Trigger a Personal Injury Claim?
A recent trench collapse at a Connecticut work site resulted in the tragic death of an employee. The company in charge of the job had prior violations relating to trench safety. OSHA investigated the incident, determining that at least five employees had been exposed to dangerous conditions.
Construction site accidents and fatalities are not uncommon; the industry has higher injury rates than most other professions and has experienced more total deaths than any other industry since 2008. Construction workers who survive their careers on the job site can also expect mobility problems, respiratory issues, and an increased risk of hearing impairment. Trench collapse can cause severe injuries or even death, yet these accidents are largely preventable.
Injuries sustained from a trench collapse in Connecticut are usually compensated under workers’ compensation. In some cases, a claim against a third party whose negligence contributed to the accident can also be filed. An experienced attorney can help identify negligent third parties and hold them accountable for the accident and resulting injuries.
If I Have Alzheimer's, Can I Still Make an Estate Plan?
Being 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:
Preventing Pregnancy Discrimination Claims
Pregnant 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.