Month: February 2017

There are two types of damages in a personal injury case: economic damages and non-

economic damages.

 

Connecticut Jury Instructions Section 3.4-1 explained in part below, explains damages: 

In a personal injury action, there are two general types of damages with

which you must be concerned:  economic and noneconomic damages.

 

Economic damages are monies awarded as compensation for monetary

losses and expenses which the plaintiff has incurred, or is reasonably

likely to incur in the future, as a result of the defendant’s negligence.

They are awarded for such things as the cost of reasonable and

necessary medical care and lost earnings.

The plaintiff is entitled to recover the reasonable value of medical

care and expenses incurred for the treatment of injuries sustained as a

result of the defendant’s negligence.   A plaintiff is also entitled to recover

any loss of earnings or earning capacity that (he/she) proves to have been

proximately caused by the defendant’s negligence

 

Noneconomic damages are monies awarded as compensation for non-

monetary losses and injuries which the plaintiff has suffered, or is

reasonably likely to suffer in the future, as a result of the defendant’s

negligence.  They are awarded for such things as physical pain and

suffering, mental and emotional pain and suffering, and loss of

diminution of the ability to enjoy life’s pleasures.

A plaintiff who is injured by the negligence of another is entitled to

be compensated for all physical pain and suffering, mental and emotional

suffering, loss of the ability to enjoy life’s pleasures, and permanent

impairment or loss of function that (he/she) proves by a fair

preponderance of the evidence to have been proximately caused by the

defendant’s negligence

If you (a jury) find that it is reasonably probable that (he/she) has

suffered permanent physical harm, loss of function or disfigurement, the

plaintiff is entitled to be compensated for that category of injury.

 

Several important things to note

        

A jury is only required to aware the reasonable value of medical care, to an injured

person (the plaintiff).    A jury can decide that some or all of the medical care is not

reasonable and refuse to award the full amount of the medical care. 

            A jury has a lot of discretion to determine the amount of an award for pain and

suffering.   In general, in a motor vehicle accident case, the amount of money awarded for

pain and suffering will be related to the extent of damage to an injured party’s motor

vehicle.   The greater the impact, the more likely a jury will believe that a person has been

injured, and the greater the likely injury.

If you have any questions, or Attorney Singer can be of assistance, you can reach him at

Attorney Robert M. Singer

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

 

The Bankruptcy Code considers a preferential transfer to be inappropriate.

            The idea of a preferential transfer is that a debtor should not be allowed to pay, immediately before a bankruptcy filing, more than a creditor would receive in a Chapter 7 bankruptcy liquidation. 

 

The rule is found in Bankruptcy Code Section 547(b) which is reproduced below

the trustee may avoid any transfer of an interest of the debtor in property

(1) to or for the benefit of a creditor;

 

(2) for or on account of an antecedent debt owed by the debtor before such transfer was made;

 

(3) made while the debtor was insolvent;

 

(4) made—

 

(A) on or within 90 days before the date of the filing of the petition; or

 

(B) between ninety days and one year before the date of the filing of the petition, if such creditor at the time of such transfer was an insider; and

 

(5) that enables such creditor to receive more than such creditor would receive if—

 

(A) the case were a case under chapter 7 of this title;

 

(B) the transfer had not been made; and

 

(C) such creditor received payment of such debt to the extent provided by the provisions of this title.

 

In simple language, a preferential transfer relates to

 

1.       Payment to a creditor – someone to whom a bankrupt person owed money prior to a bankruptcy filing

 

2.      Because of an antecedent debt – the debt was owed prior to the time in which money was paid (as compared to a situation in which the debtor makes a payment for goods or services which were provided at the same time as payment)

3.      Transfer when debtor was insolvent – assets are less than liabilities ( negative net worth)

 

4.      Either paid within 90 days before bankruptcy was filed or

 

                     Paid  within one year to an insider – generally for an individual this is a relative

 

5.      Creditor gets more money than he would receive  if a Chapter 7 case was filed before the transfer.

 

Common situation for individuals:

 

a.       Debtor pays Credit Card company $5,000 on 11/1/2016,

 

b.      Debtor owed Credit Card company $5,000 from purchases in 2014 and 2015

 

c.       On 11/1/2016, Debtor had $10,000 in assets for $45,000 in liabilities.

 

d.      Debtor files for bankruptcy on 1/1/2017

 

e.       Creditor would have received nothing in a bankruptcy filing.    The $10,000 in assets are exempt property, which the debtor could keep and protect from creditor’s claims.

 

The preferential transfer rules don’t apply to transfers by individuals of under $600, or

transfers under $6225 if most debts are business debts.     

 

There are many causes of motor vehicle accidents including the following

1.       Distracted Driving.   There are far too many people using cell phones while driving.

Using a cell phone while driving, even with a blue tooth device, increases the risk of an

accident.

2.      Speeding.   Speeding increases the distance in which a motor vehicle can be safely

stopped.   It becomes particularly difficult to see another car or person when you are driving

at night.  Therefore, it may be impossible to apply the brakes in time to stop, once a driver

sees another car or person in the road at night. 

3.      Rain.  Rain can create slippery roads, which makes it difficult to stop quickly.

4.      Black Ice.   Ice on the road is treacherous.   Black ice blends into the road surface,

making the ice difficult or impossible to see. 

5.      Failing to fully stop at a stop sign.   Too many people slow down for a stop sign rather

than fully stop.   This is very risky, as a full stop allows a driver to view the intersection,

prior to proceeding further. 

6.      Unsafe Lane Change.   Some people use their side view mirrors to determine if there

is a car behind them, so that they can change lanes.  Unfortunately, there is a blind spot, in

which another car can be located which will not be seen by a rear view mirror.  Therefore,

prior to making a lane change, it is wise to turn your head, to look for a car on the side of

your car.

7.      Improper Turn.   A common situation is a driver turning, when the turn signal is still red,

but the light is green to go forward. 

8.      Fatigue.   This is a problem which commonly occurs at night.  All drivers need to take

time for a rest, if they are too tired to drive.   Rest Stops are available on highways to give

drivers a break. 

9.      Snow.   Today I stayed off the roads because of a storm.  Sometimes, it is simply too

risky to drive when there is snow on the road.  Any amount of snow can make it difficult to

control a car or truck.

10.  Tire Blowouts.   Check the side of your tires for bubbles.  A bubble on a sidewall can be

an indication that your tire may blowout.  If you see anything unusual on a tire, go to a tire

store and get the tire checked.  

 

If you have been in a motor vehicle accident, please feel free to contact Attorney Singer at

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

rsingerct@yahoo.com

 

There are over 30,000 deaths on U.S. highways each year.   According to the U.S. Department of Transportation, almost 4,000 people die each year from crashes with large trucks.   Many other people are seriously hurt as a result of these accidents. 

The new Department of Transportation Rules are supposed to reduce the average maximum number of hours a driver can work from 82 hours to 70 hours.   However there are several problems with the new Rule. 

The hours driven only include work hours.   In many cases, a driver will go home to eat, clean up, and sleep.   A driver may have to drive a half hour or more, to reach his or her house.   And if additional time is taken to eat and clean up, a driver may not have enough time for a good night’s sleep prior to returning to work. 

Although the rule may be in place, there will continue to be cases where drivers work more than the maximum hours allowed by the law.  

Truckers need places to park their truck, in order to get some shut eye.   Many large tractor trailers have cabins in which a trucker can sleep.   However, if there is no place for a trucker to park, to get some sleep, the trucker in unable to get the necessary rest to drive safely.   Unfortunately, there are areas of the U.S. in which there is a truck parking storage.