Author: rober269_wp

Connecticut’s anti-subrogation statutes can be found at Connecticut General Statutes 52-225a et seq.

CGS 52-225c provides as follows

Unless otherwise provided by law, no insurer or any other person providing collateral source benefits as defined in section 52-225b shall be entitled to recover the amount of any such benefits from the defendant or any other person or entity as a result of any claim or action for damages for personal injury or wrongful death regardless of whether such claim or action is resolved by settlement or judgment. The provisions of this section shall apply to insurance contracts issued, reissued or renewed on or after October 1, 1986.

Insurance companies which provided insurance for medical payments in an accident (such as an auto accident) tried to argue that its payments were “otherwise provided by law.”  This argument was argued without success.

Two situations where the payments are “otherwise provided by law” are worker’s compensation payments and ERISA payments.

CGS 52-225b provides as follows

For purposes of sections 52-225a to 52-225c, inclusive: “Collateral sources” means any payments made to the claimant, or on his behalf, by or pursuant to: (1) Any health or sickness insurance, automobile accident insurance that provides health benefits, and any other similar insurance benefits, except life insurance benefits available to the claimant, whether purchased by him or provided by others; or (2) any contract or agreement of any group, organization, partnership or corporation to provide, pay for or reimburse the costs of hospital, medical, dental or other health care services. “Collateral sources” do not include amounts received by a claimant as a settlement.

The common situations described above are medical payments made under an auto insurance policy, or medical payments as part of a health insurance plan.

 

 

CGS 52-225a provides in part

(a) In any civil action, whether in tort or in contract, wherein the claimant seeks to recover damages resulting from (1) personal injury or wrongful death occurring on or after October 1, 1987, or (2) personal injury or wrongful death, arising out of the rendition of professional services by a health care provider, occurring on or after October 1, 1985, and prior to October 1, 1986, if the action was filed on or after October 1, 1987, and wherein liability is admitted or is determined by the trier of fact and damages are awarded to compensate the claimant, the court shall reduce the amount of such award which represents economic damages, as defined in subdivision (1) of subsection (a) of section 52-572h, by an amount equal to the total of amounts determined to have been paid under subsection (b) of this section less the total of amounts determined to have been paid, contributed or forfeited under subsection (c) of this section, except that there shall be no reduction for (A) a collateral source for which a right of subrogation exists, and (B) the amount of collateral sources equal to the reduction in the claimant’s economic damages attributable to the claimant’s percentage of negligence pursuant to section 52-572h.

The provision applies to both cases in which there is a judgment and cases which are settled.

As described previously the reference to (A) a collateral source for which a right of subrogation exists has been restricted to situations such as worker’s compensation cases and ERISA plans, which are specifically provided by other federal and state law.

If you or someone you have any questions, please feel free to contact Attorney Singer

 

Robert M. Singer, Attorney at Law

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

rsingerct@yahoo.com

   Serving all of Connecticut

 

 

CGS 14-295

In any civil action to recover damages resulting from personal injury, wrongful death or damage to property, the trier of fact may award double or treble damages if the injured party has specifically pleaded that another party has deliberately or with reckless disregard operated a motor vehicle in violation of section 14-218a, 14-219, 14-222, 14-227a, 14-230, 14-234, 14-237, 14-239 or 14-240a, and that such violation was a substantial factor in causing such injury, death or damage to property. The owner of a rental or leased motor vehicle shall not be responsible for such damages unless the damages arose from such owner’s operation of the motor vehicle.

There is an optional award of double or triple damages.

The incident must be a motor vehicle accident.

The injury party must claim that the other party has “deliberately or with reckless disregard operated a motor vehicle” in violation of specified statutes.

The violation of the statute must be a substantial factor in causing the accident.

The statutes are listed below:

Connecticut General Statutes 14-218a – Traveling unreasonably fast. Establishment of speed limits

Connecticut General Statutes 14-219 – Speeding

Connecticut General Statutes 14-222  Reckless Driving

Connecticut General Statutes 14-227a – Operation while under the influence of liquor or drug or while having an elevated blood alcohol content

Connecticut General Statutes 14-230 – Driving in right-hand lane

Connecticut General Statutes 14-234 – Determination of no-passing zones

Connecticut General Statutes 14-237 – Driving on divided highways

Connecticut General Statutes 14-239 – One-way streets. Rotaries or roundabouts

Connecticut General Statutes 14-240a – Vehicles to be driven reasonable distance apart. Intent to harass or intimidate

If you or someone you have any questions, please feel free to contact Attorney Singer

 

Robert M. Singer, Attorney at Law

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

rsingerct@yahoo.com

   Serving all of Connecticut

 

 

Connecticut has a statute which provide for treble damages for theft (triple damages of the amount stolen)

Sec. 52-564. Treble damages for theft. Any person who steals any property of another, or knowingly receives and conceals stolen property, shall pay the owner treble his damages.

Several things to note

1.  The statute talks about theft of “property,” so it applies to any property, not just “money.”
2. In order to get treble damages, there needs to be proof of “theft” which is the same as larceny.   This requires an improper intent to take property of another person.   This is more than improper belief about property ownership which is in dispute.

 

If you or someone you have any questions, please feel free to contact Attorney Singer

Robert M. Singer, Attorney at Law

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

rsingerct@yahoo.com

   Serving all of Connecticut

In divorces, there are two main issues – children and money.  With the children, the issues center around physical custody and legal custody (decision making). 

a.        THE PRELIMINARIES – A PRENUPTIAL AGREEMENT

A prenuptial agreement is entered into prior to marriage, or civil union, to handle property division and spousal support, in the event of divorce.  Notice that the agreement needs to be prepared and signed, prior to the marriage or union. 

              The laws of each state are different.  However, there are similar requirement in every state.  In general, the agreement must be

1.       In writing

2.       Signed by both parties, and witnessed

3.       Signed voluntarily

4.       Full disclosure at time of signature

5.       Not be unconscionable

 Anyone seeking to have an enforceable agreement would be wise to use a local divorce attorney.  Each party should be represented by separate attorneys.    Both parties need to provide all of their financial information to the other party, well in advance of signing the agreement.  (Unconscionable in general means that the agreement cannot be so unfair that the court won’t enforce the agreement). 

                B.  GETTING DIVORCED – THE SPLITS

                                Getting divorced without assets is relatively easy.   Once there is property, many issues can arise.  I will take up the issue in numerical order

a.        Taxes

1.        Your tax status depends on whether or not you are married at the end of the year.  First thing to address is the responsibility of each party in the event that there are any outstanding taxes from prior years.   The tax liability can be split equally, or in any other Percentage.  (i.e. 60%/40%, or based on income).

2.        In the event that there is children, the divorce agreement needs to address who will get the tax deduction for the child(ren) each year.   The tax deduction can be alternated, by agreement of the parties.

b.       Child Support – In many states, such as Connecticut, child support is given to the custodial parents based on “guidelines.”  Most judges do not deviate from the guidelines.  

c.       Alimony – There is no easy way to determine the amount of alimony.  In many states, there are many factors which are considered in determining the amount of alimony, including the fault of the party or parties, and the length of the marriage.  Under state law, a judge may be allowed to consider the fault of a party in determining the amount of alimony to award, although the parties have a right to a no fault divorce (there is no fault for granting the divorce). 

                                With regard to alimony, you need to consider the amount to be given, the time frame in which it will be paid, and the events at which it will terminate (typically marriage or cohabitation of the person receiving the alimony. 

d.      Pensions – This is often one of the largest assets in the marital estate.  The parties need to agree if and how a pension or retirement plan will be split, or a Judge will need to make a decision for the parties. 

Note that there are special orders which need to be prepared and signed by a Judge, for a tax free transfer of retirement assets from one party to another, in the form of a Qualified Domestic Relations Order.   The pay I remember the term QDRO is

Qualified Retirement Plan

Domestic Relations- Related to Domestic Matters or Divorce

Order of the Court

e.      Personal Property – the small stuff is not always so small.  In my opinion, it is better to split up all of the personal property, prior to getting the divorce agreement completed.  Put into the agreement that the parties have “already agreed to split up the personal property.”  It is simply too costly to fight over the small stuff.  I include in personal property the following:  jewelry, household items and collectibles

f.         Life Insurance – consider how much insurance one party needs, if the ex-spouse is no longer alive.  Often, this is made a part of the divorce decree.

g.       Real Estate – since the market crash, many residences have a mortgage which is more than the value of the property.  If this is the case, it may be wise for both parties to file for bankruptcy, prior to the divorce being completed, thereby eliminating the property and the debt as well.   The person who intends to keep the property should be very wary of signing a hold harmless agreement, which agrees to indemnify the other spouse in the event that the mortgage is not paid (indemnify means to be responsible for the other spouses losses, if the mortgage company goes after the party).  The hold harmless clause can prevent the property owner from getting out of the mortgage debt, in a bankruptcy filing. 

                                For people with equity in the property, the parties will need to agree on how to split the equity.  Before 2006, it was relatively easy to get a mortgage, and thereby do a cash out refinancing, take money out the property through a mortgage to pay off the spouse who doesn’t want the house.  I have seen very few cash outs lately.  

h.       Stocks/Bonds and other investments need to be split among the parties. 

i.         Business Interests are difficult to split.  I have found it helpful to get a business appraisal done to determine the value of the spouse owners interest.  Then agree on an amount to be paid for the business interest. 

With all that has been said, I have never seen a divorce which has not significantly affected the lifestyle of both the former husband and wife.  Divorce has a devastating effect on all parties involved.  Unless both parties are rich, there is no fair way to split the assets or the income of the parties.  The rent and utilities for a second household can easily exceed $2,000 per month, more than the child support and alimony combined.

If you or someone you have any questions, please feel free to contact Attorney Singer

Robert M. Singer, Attorney at Law

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

   Serving all of Connecticut

 

 

Airplane Accidents

Amusement Park Accidents.

Auto Accidents

ATV Accidents

Aviation accidents

Bicycle Accidents

Boat Accidents

Bus Accidents

Burn Injuries.

Car Accidents

Chemical Injury

Construction Accidents

Cruise Ship Accidents

Dangerous Roadway Cases

Defective Products

Dog Bites

Drowning.

Elevator Accidents.

.

Escalator Accidents

Motorcycle Accidents

Negligent Security

Pedestrian Accidents.

Premises Liability

Railroad Accidents.

Sexual Assault

Slip and Fall

Sports Injuries

Toxic Chemicals

Train Accidents

Truck Accidents

 

If you or someone you know has been injured, please feel free to contact Attorney Singer

Robert M. Singer, Attorney at Law

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

   Serving all of Connecticut

According to the U.S. Department Of Health and Human Services

          Persons 65 years or older numbered 46.2 million in 2014. They represented 14.5% of the U.S. population, about one in every seven Americans. By 2060, there will be about 98 million older persons, more than twice the number in 2014. People 65+ represented 14.5% of the population in the year 2014 but are expected to grow to be 21.7% of the population by 2040.

Many children are caring for their aging parents. There are many services available for this care.   Children may be able to choose home care, if a parent is somewhat self-sufficient.

In other situations, one needs to find an assisted living center or nursing home care, depending on a senior’s capabilities.  Nursing homes provide a high level of personal and nursing care, particularly for the elderly, sick and disabled.   The high level of personal service is necessary for people who have become unable to care for themselves.

Unfortunately, there are nursing facilities where staff abuse or neglect their patients. For example, a nursing home patient may be given the wrong medication by mistake, or a patient may fall down because of the carelessness of staff.

If you know an elderly person or anyone else who is staying at a nursing home, here are a things that might indicate that he or she is the victim of nursing home abuse or neglect:

• Scars
• Excessive bruising
• Broken bones
• Bed sores
• Pressure sores
• Malnutrition
• Dehydration
• Unexpected Hospitalization

Contact us right away if you think that your loved one or friend is a victim of nursing home abuse or negligence. We will look into the situation right away, take the steps necessary to remedy these unsafe circumstances, and start the process of recovering compensation for your injured loved one

Attorney Robert M. Singer

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

rsingerct@yahoo.com

Brokerage firms put in customer agreements that any dispute between the brokerage firm or broker must be resolved by arbitration, rather than in court.   In effect, a customer having a problem with a broker is precluded from bringing a claim to court.

The claim can involve investments in a variety of forms including common stocks, bonds, mutual funds, REITs and annuities.

The legal basis for the claims include negligence, fraud, breech of contract, omission of facts (concealing material information concerning the investment), unauthorized trading and churning.

Not surprisingly, the number of claims filed can change based on market conditions.   This blog is being written in 2017, when there has been a drop in FINRA claims filed, probably due to the long term bull market.

I have looked at a chart of Dow to GDP ratio.   What the chart shows is that we are now at approximately 100%. In July of 1982 the same ratio was 25%.  In March 2009, the ratio was 53%.   Clearly, this bull market has at least been driven by market fascination, rather than fundamentals.   .

Interestingly, the S & P 500 PE ratio is now approximately 25, from about 13 in September 2011.    Prices are going up, in spite of a lag in earnings growth.

Some analysts have suggested that stocks are overvalued and expect a decline.   Investors should properly balance their portfolio to consider how much risk there is in the stock and bond market.

Unfortunately, there is also a risk with owning bonds, particularly in an environment in which interest rates are rising.   If the economy softens further, there is a risk of significant losses from the junk bond market.  If rate rates rise, there is a risk of a large losses in value of bonds, particularly bonds have a longer term maturity (price decline of bonds, as rates increase).

If you believe you may have a claim against a broker, please feel free to contact me at

Robert M. Singer, Atty at Law

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

rsingerct@yahoo.com

 

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