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3 Factors that Can Impact Your Personal Injury Claim

Fri, 06 Feb 2026 20:04:17 GMT

3 Factors that Can Impact Your Personal Injury Claim

#1: Failing to Seek Medical Attention

If you have been involved in an accident, you need to immediately seek medical attention so that a doctor can assess you for any injuries. Remember, soft tissue injuries are sometimes not immediately apparent, which is why you want a doctor to examine you to make sure you don’t have any internal injuries you can’t feel due to shock. Your hospital records will also be used to build your case damages.

After an accident, your primary concern should be recovering from your injuries, not focusing on a personal injury lawsuit. However, the steps you take immediately following a serious accident can have a major impact on the outcome of your case. In this blog, we talk about three factors that can affect your personal injury lawsuit .

#2: Talking to Other People About Your Accident

Although people are going to want to talk to you about your recent injuries and the details of your accident, you need to avoid speaking about the incident until your case is resolved. Make sure you do not talk to anyone at the accident scene about the accident, especially the other driver. Only give a statement to police and make sure you consult with an attorney before you speak to your insurer.

#3: Posting About Your Accident on Social Media

One of the first places insurance companies look for evidence to use against you is on your social media pages. You need to be very careful about what you post because insurers will collect and use data from those sites to limit or deny your claim.

Speak to an Experienced Personal Injury Lawyer Today

Have you been seriously injured in an accident? If so, you should consult with our dedicated team of lawyers to find out all of your options under the law. Our lawyers understand that it can feel as if your world is falling apart when you have to deal with an accident and injury, which is why we are here to provide you with the support and guidance that you need to recover maximum compensation.

Call our legal professionals today at (203) 583-8299 to set up your free consultation .

The Importance of Evidence in Your Car Accident Personal Injury Case

Fri, 28 Apr 2023 12:26:24 GMT

The Importance of Evidence in Your Car Accident Personal Injury Case

Proving fault in a car accident can be a complicated process, requiring substantial evidence before ruling in the victim's favor. Our Atlanta car accident attorneys specialize in gathering compelling evidence to strengthen your personal injury claims, ensuring that you receive the justice and compensation that you deserve.

Seven Types of Evidence to Secure After a Car Accident

When it comes to filing a personal injury claim, evidence is an essential element to bolster your case. Here are seven significant evidence types to consider:

Witness Testimony: Gathering the contact information of witnesses can strengthen your case by providing firsthand accounts of what happened at the time of the accident.
Vehicle Damages: The physical damage to your vehicle can reveal specifics about the accident, such as the point of impact and severity of the damage, and help disprove any false claims.
Police Reports: Police reports are highly credible evidence in court, as they contain every element of the accident, from vehicle and witness information to interviews of those concerned. They are helpful when there is no physical or witness testimony.
Tangible Evidence: Physical evidence, such as damage to your property, visible injuries, or personal belongings, can give the jurors a full picture of the event and its aftermath.
Photographs and Videos: Pictures and videos can be the best way to demonstrate the conditions that led to the accident, even in cases where there are no obvious physical impairments or damages.
Expert Testimony: Expert witnesses can help explain technicalities in a language that the jury can comprehend. They can add more weight to the evidence presented by providing their professional opinion or adding additional information.
Depositions: These interviews, conducted under oath outside of the courtroom, hold a great deal of weight in the case. They allow your personal injury lawyer to question involved parties, including witnesses, to gather new information that wasn't known earlier. Depositions can also be a useful tool to impeach an opposing witness's credibility.
Medical Records and Bills: These records serve as crucial evidence to support your personal injury claim. They offer proof of the severity of the injuries and the treatment you underwent as a direct result of the accident. They also show the expenses incurred to heal those injuries, which can serve as evidence in supporting your claim for compensation.

By using any or all of these sources of evidence, you can build a strong case that will win you the compensation you deserve. This i ncludes presenting tangible evidence, photographs, videos, and expert testimony to present your case in a compelling and understandable way.

Tips on Protecting Evidence After a Car Accident

Car accidents can occur unexpectedly, and when you're involved, it's critical to protect any evidence necessary for your personal injury case.

Here are six tips to help preserve evidence after a car accident:

Take pictures of the accident scene, including any wreckage and property damage.
Gather witness contact information, as they may have valuable information about the accident.
Don't move your vehicle until the police arrive and make a report.
Keep any physical evidence, such as a damaged vehicle or clothing involved in the accident.
Seek medical attention immediately, even if you don't believe you're seriously injured.
Avoid discussing the accident with anyone other than the police or your lawyer, as anything you say could be used against you.

By following these tips, you can ensure the preservation of valuable evidence that can support your personal injury claim.

After being in a car accident, it's crucial to consider the benefits of trusting a seasoned car accident attorney with your case.

Here are some of the advantages:

Expertise: Car accident attorneys have years of experience handling similar cases and can use their knowledge of the legal system to their advantage.
Negotiation skills: Experienced attorneys understand how to negotiate with insurance companies to obtain fair compensation for your injuries.
Peace of mind: Hiring an attorney can alleviate stress and allow you to focus on recovering from the accident.
Courtroom experience: If negotiations with insurance companies do not result in a fair settlement, a seasoned attorney can represent you in court.
Higher settlements: Studies have shown that those who hire a car accident attorney receive higher settlements than those who represent themselves.

Overall, hiring a car accident attorney can provide numerous benefits and increase your chances of obtaining fair compensation for your injuries. Therefore, seeking legal representation as soon as possible after a car accident is imperative. Don't hesitate to contact our firm at (203) 583-8299 or through our online platform for any heating, cooling, and indoor air quality services.

The Benefits of Working with a Seasoned Car Accident Attorney

10 Common Complications Encountered When Estate Planning

Wed, 12 Apr 2023 15:57:13 GMT

The Importance of Estate Planning for Your Family's Future

Estate planning isn't something that people often like to think about– but it's a necessary task that protects your assets and ensures your loved ones are taken care of in your absence. A well-crafted estate plan can give you the peace of mind that comes from knowing your family's future is secure.

In this blog post, we will explore the importance of estate planning and the common complications that arise during the process. We will also discuss why it's essential to coordinate efforts between professionals such as an accountant, a lawyer, and a financial planner to create a comprehensive plan that addresses end-of-life and inter-generational issues.

10 Common Estate Planning Complications to Keep in Mind

Dealing with an estate can be complex, and without proper knowledge, it can cause stress and conflict among stakeholders. To help you prepare for the process, we've listed the most common complications associated with estate planning:

Privately-Owned Businesses : Lack of an estate plan, shareholder agreement, or life insurance can lead to lengthy legal processes after the death of a shareholder.
Children with Special Needs : Advanced planning is necessary to ensure children with disabilities or addiction issues receive long-term care and financial protection.
Second Marriages : Proper planning is required to avoid conflicts with children from previous marriages who may inherit assets.
Wide Age Gap Marriage : Retirement planning, estate planning, and long-term financial stability are crucial.
Out-of-Country Assets : Owners of global assets must consider multi-jurisdictional considerations such as tax laws, estate laws, currency, and legal rules to ensure their assets are included in their estate plan.
Illiquid Assets : Assets without a clear market value or definition can add complexity to the estate planning process.
Family Disputes : Proper asset division and well-executed wills can avoid conflicts among heirs.
Another Principal Inheritor's Death : Inheriting a significant estate becomes more complex when a principal inheritor dies suddenly.
Lawsuits : Legal battles over an estate can occur when heirs feel they were wronged or dispute asset division, complicating the estate process further.
Co-owned Businesses with No Clear Exit Plan : Co-owned businesses can result in lengthy legal battles and significant legal fees.

It's crucial to include all assets and potential debts in the estate plan to avoid unequal distribution among beneficiaries. It is also a good idea to review your plan every few years to ensure it is up-to-date with changes in your life and the law. Proper coordination with an accountant, a lawyer, and a financial planner is essential to creating a comprehensive plan that addresses end-of-life and inter-generational issues.

Here are a few additional points to keep in mind:

Unusual Assets such as timeshares can be challenging to get rid of after a person's death, and inheritance can complicate the estate planning process. Children's Debts can also be a complication not to forget. If loans made to one child are not accounted for in estate planning, it can lead to unequal distribution among beneficiaries. Therefore, including outstanding debts in the plan ensures equitable distribution of the estate after death. Procrastinating on estate planning can cause stress and uncertainty for your loved ones when you are no longer around. Schedule an appointment with a professional to start your estate planning today and provide your loved ones with financial security and peace of mind.

Contact the Estate Planning Attorneys at Fitzpatrick Mariano Santos Sousa P.C.

Proper estate planning is not only an essential task, but it's also a vital investment in your future and your family's well-being. Estate planning is a coordinated effort between you, an accountant, a lawyer, and a financial planner, and your goal is to create a comprehensive plan that addresses end-of-life issues. Procrastinating on this crucial task could leave those you care about vulnerable. By taking the right steps now, you can ensure that your assets are protected and your loved ones are well-taken care of in your absence.

Schedule an appointment with a professional to start your estate planning today and ensure your legacy is secure. Don't hesitate to contact us at (203) 583-8299 or through our online platform for any questions you may have.

Lead Poisoning in the Workplace

Thu, 16 Mar 2023 16:03:50 GMT

Lead Poisoning in the Workplace

Lead poisoning is a potentially life-threatening issue that continues to affect certain industries and workforce demographics. Although many people don’t think twice about lead, workers who are exposed due to particular working conditions can suffer from extreme health complications. It’s important for employees to become aware of the dangers of lead exposure and when to seek medical attention.

Lead is a metal commonly used in industries such as construction, transportation, mining, and manufacturing. According to MayoClinic , lead poisoning occurs when lead builds up in the body over the course of months or years. Even small amounts of lead can create serious health problems.

Workers can be exposed to lead in the following ways:

Breathing lead in through dust or fumes . Lead in these forms is often odorless and cannot be seen in the air. Lead fumes can be produced when metals are heated or soldered. Lead dust is produced when metals are being cut or ground.
Ingesting or consuming lead. Lead dust may settle onto food, water, and clothes. Workers who don’t wash their hands before eating, touch their mouths, or eat in areas where lead is processed or stored can unknowingly ingest lead. Lead can leave a metallic taste in your mouth, but some people may not notice it.
Handling lead or products containing lead and having skin exposure. This can occur when lead dust settles on your clothes and hair or when you touch your eyes, nose, or mouth.

Health Problems & Symptoms from Lead Poisoning

Lead exposure can lead to serious health problems if left untreated. Severe effects of lead exposure may cause damage to the nervous system and/or kidneys, anemia, birth defects, and issues with the body’s blood-forming mechanism. Death can also occur from extreme lead exposure.

Symptoms of lead poisoning may include:

High blood pressure
Joint and muscle pain
Difficulties concentrating or with memory
Headaches and fatigue
Abdominal pain or loss of appetite
Mood disorders

Lead poisoning can be hard to detect in some cases. Oftentimes these symptoms appear slowly or seem to be caused by other reasons. For some, symptoms will continue for years but their health will not get worse. Other workers may suddenly experience life-threatening illnesses from lead poisoning. If you believe you may be exhibiting symptoms of lead poisoning, consult with your healthcare provider. They can help refer you to the appropriate provider, who can then diagnose you through a blood lead level test and recommend the right treatment for you.

Employer Responsibilities

The Occupational Safety & Health Administration (OSHA) outlines a short summary of an employer’s responsibility to provide a safe workplace. A few of these duties include:

Examine workplace conditions to ensure they conform to safety and health standards

Provide employees safety tools and equipment and properly maintain equipment
Use posters, signs, and labels to warn employees of potential hazards
Establish or update health and safety procedures and communicate them with employees
Provide safety training in a language and vocabulary workers can understand
If hazardous chemicals are in the workplace, a written hazard communication program must be developed, and employees must be trained on precautions

In addition to these guidelines, the OSHA’s lead standards require employers to protect workers from inorganic lead exposure. These regulations include specifics on when an employer is required to begin blood lead testing for exposed workers and implement medical surveillance, hygiene facilities, etc.

Should your employer fail to provide you with proper training, protective gear, and abide by OSHA standards, they may be held liable for your illness due to lead exposure at work.

Lead poisoning can lead to serious health issues and even death. After seeking medical care, it’s important to also consult with a personal injury lawyer. Lead poisoning treatment may leave you with medical bills, lost wages from time off, pain and suffering, and more.

You may be able to receive workers’ compensation benefits to cover payments for your medical bills, medication, and other reimbursements. Hiring an attorney from Fitzpatrick Santos Sousa Perugini P.C. can help you get the benefits you deserve.

Our attorneys are dedicated to protecting our clients’ rights and resolving their legal matters.

Don’t hesitate to reach out to us today at (203) 583-8299 or schedule free consultation with us online .

What to Do When You Have Lead Poisoning

How to Co-Parent with a Narcissist

Thu, 23 Feb 2023 16:12:24 GMT

How to Co-Parent with a Narcissist

Co-parenting can be challenging in any circumstance. Making decisions about your children’s education, medical care, upbringing, and other aspects can be difficult when working together with someone who lives separately and may have differing opinions. What becomes even more challenging is when you are co-parenting with a narcissist or someone who exhibits those traits.

MayoClinic defines narcissistic personality disorder (NPD) as a mental health condition where people have an unreasonably high sense of their own importance. They need and also seek too much attention and want people to admire them. In addition, people with this disorder may lack the ability to understand or care about other people’s feelings. Narcissism is a spectrum, and everyone can show occasional narcissistic behavior. However, true narcissists will frequently disregard others and/or their feelings and may be diagnosed with NPD.

Tips for Co-Parenting with a Narcissist

Co-parenting with a narcissist can be exhausting and stressful. Your boundaries may be pushed against or even crossed, and your ex may react negatively to criticism. Despite how draining working together may be, there are a few tips you can follow to help ease parenting with a narcissist.

Establish a Legal Parenting Plan

Creating a legal parenting plan—also known as a custody or visitation agreement—can help protect your wishes and your children’s wellbeing. You can work with a lawyer to establish legal agreements on the following:

Religion
Education
Medical decisions
Visitation and custody
Holidays
Finances and support

Establishing a legal parenting plan sets boundaries not only for your children but for you and your ex as well. A narcissist may try to be overly involved in the child’s life or in some cases not participate at all. In either scenario, having a documented parenting plan can help protect against a co-parent who may try to manipulate certain situations. Make sure to have as many details as possible listed under the custody agreement for clarity.

Having interactions with your co-parent clearly documented can also be useful. This can provide crucial evidence should you need proof to support restraining orders, changes within custody, etc. in the future.

While creating a legal parenting plan builds a firm structure for working together, forming boundaries about communication, attending children’s events together, etc. is suggested. Be clear and specific about these boundaries. Examples may include only communicating through text or email, deciding who will go to your children’s school events, etc. Setting these boundaries can help eliminate conflict. A narcissist may try to push against these boundaries, but it is important to stay firm. Try to hold your ground and avoid being pressured into bending your boundaries.

Create Clear Boundaries

Try to Avoid Emotional Reactions

It can be difficult to control your emotions but doing your best to remain calm when dealing with a narcissist will be beneficial. This can be especially challenging as a person with narcissistic traits may intentionally try to get a reaction from you. It’s important to remind yourself that staying level-headed will help your emotional wellness and create a more stable environment for your children. However, it is also equally as important to not be hard on yourself when you become emotional. Co-parenting is a challenge within itself and becomes more so when trying to work with a narcissist.

Avoid Bringing Children into Conflicts

Try to keep conflicts and disagreements with your co-parent away from your children. This helps support children who are already trying to cope with new living arrangements and schedules from being deregulated. Also avoid speaking ill of your co-parent in front of your children as this may put your child at the center of an issue they do not belong in. It can also add stress on your child—forcing them to take sides.

Parent Empathetically

In some cases, co-parenting may not be the best option for families. If you have come to this conclusion, parallel parenting may be a better alternative. This parenting style allows you to stop contact with your ex-partner as much as possible. Examples of this method include not attending school events with the other parent and choosing neutral pick-up and drop-off spots for visitations. If you decide parallel parenting may be for you, consider going through family court to make modifications to your divorce or custody settlement.

Consider Parallel Parenting

It can be difficult to avoid becoming overwhelmed while co-parenting but try your best to remember to parent your child empathetically. Parenting empathetically means putting yourself in your child’s shoes and responding to situations in ways that will take your child’s feelings into account.

You can parent more empathetically by trying to see how your child feels in certain situations and if they are old enough, talking to them about how they feel. Both you and your child are going through difficult changes and being supportive and understanding can help relieve your child of worries and stresses.

Growing up with a narcissistic parent puts your child at risk of low self-esteem and later

developing mental health or psychiatric issues . Do your best to be a positive light in your kid’s childhood. By parenting empathetically and practicing open communication, you can help your child build their self-esteem and confidence despite having a narcissistic parent.

Find a Therapist

Lastly, finding a therapist for you or your child, or even attending family therapy together may be beneficial in tumultuous times. A licensed therapist can help you work through issues and be a neutral person to help you assess situations. They can provide guidance as you work to co-parent with a narcissist who may be manipulative, unempathetic, and disrespectful of your boundaries. For your child, this can be an opportunity for them to work through their feelings about divorce and having a narcissistic parent. In addition, a therapist can be someone to help you and your child learn coping mechanisms and how to navigate having a narcissist in your lives.

Find Help with a Divorce Attorney

Adjusting to life after a divorce or separation can be difficult, especially when trying to work with a narcissist. An attorney can help you make adjustments in visitation rights, child custody, and child support.

Our staff at Fitzpatrick Mariano Santos Sousa P.C. can provide legal assistance for you if you and your ex-spouse have difficulty compromising. With over 100 years of collective legal experience, we are dedicated to helping you find the most positive outcome.

Call today at (203) 583-8299 or contact us online for a free consultation.

The 6 Most Common Workplace Injuries

Tue, 14 Feb 2023 16:24:26 GMT

The 6 Most Common Workplace Injuries

Workplace injuries can range from minor to severe and life-altering. The U.S. Bureau of Labor Statistics found that employers reported a total of 2.6 million injury and illness cases in 2021. Becoming familiar with the common types of workplace injuries can help you identify possible dangers as you work.

The six most common types of workplace injuries include:

Slip and falls
Overexertion and muscle strains
Struck by objects
Crashes and collisions
Exposure to harmful environments
Fire and explosions

Slip & Falls

Slips, trips, and falls occur all too often in workplace environments. Examples can include slipping on icy, oily, or wet surfaces, tripping over clutter, or falling into unmarked holes. Other instances may include falling from ladders, roofs, and other raised areas. When these accidents occur, workers can sustain injuries such as cuts, broken teeth, facial fractures, and even concussions.

As outlined by the United States Department of Labor , federal law entitles workers to a safe workplace. It is the responsibility of your employer to keep your workplace free of harm and notify you of unsafe environments. In slip-and-fall situations, your employer may be held liable if they failed to provide workplace safety and health training or display caution signs and you were injured due to that negligence.

Overexertion

Overexertion and muscle strains can cause long-term debilitating pain. These injuries are often caused by improper lifting techniques, manually lifting overly heavy objects, microtasks or repetitive tasks on factory lines, and throwing objects. According to The Ohio State University , overexertion injuries can lead to “musculoskeletal disorder” that include symptoms of swelling, numbness, stiffness, and chronic pain.

Employers are responsible for providing proper safety training and protective gear to employees. In Connecticut, employers are also required to provide hourly employees with a period of thirty consecutive minutes for a meal in an eight-hour shift. If your overexertion injury or muscle strain is due to lack of training, inappropriate safety gear, or violation of hourly break regulations, you may have a case against your employer.

Another common workplace accident that causes injury is being struck by objects or equipment. Examples can include falling debris and tools, being caught in machinery, heavy equipment tipping over, poorly guarded machinery, and excessive vibration. These scenarios at work can lead to workers suffering severe hand injuries, severed limbs or fingers, head injuries, fractures to the face, and more.

In the event that you have suffered an injury at work from being struck by an object, your employer may be held liable for negligence. Employer negligence occurs when the failure to take action results in illness, injury, or wrongful death. So, if your injury was due to your employer’s failure to properly secure equipment or continue to use outdated safety protocols they may be held liable.

Struck by Objects & Equipment

Crashes & Collisions

Some workplaces require operating or being in close proximity to motor vehicles. Examples of injuries that can occur in these settings include falling from a vehicle or forklift, being struck by a vehicle, being struck by objects falling off a vehicle, and getting stuck underneath a work vehicle. Injuries from these types of accidents can range from broken bones, fractures, bruising, and even death.

In addition to providing training and safety gear, employers must also follow the OSHA forklift requirements . According to regulations, operators must be over 18 years of age and be recertified at least once every three years. By failing to provide you safety gear and practicing proper certification practices, your employer may be held liable for your injuries. Furthermore, if your injuries were due to a fellow employee’s malicious intent, you may have the grounds to sue your coworker.

Exposure to Harmful Environments

Workers who are in environments that are extremely loud or have hazardous chemicals risk injury to their ears, eyes, skin, and respiratory systems. Exposure to these environments without protective gear can lead to hearing loss, burns, cancer, vision damage, and brain damage.

Employers are required to provide personal protective equipment or PPE to workers. Examples can include gloves, harnesses, goggles, etc. Employers are also required to perform tests in the workplace such as air sampling to assure the safety of workers. Should your employer fail to provide these materials and proper health and safety training, they may be held responsible for your injuries due to negligence.

Fire & Explosions

Minor workplace injuries can result in lost wage and stress. In severe cases, workers who have lost limbs, vision, or suffered serious burns and disfigurement have catastrophic injuries . You may be entitled to receiving compensation for lost wages, pain and suffering, future wages lost, and more. If you have sustained injuries in the workplace, get in touch with our attorneys at Fitzpatrick Santos Sousa Perugini P.C. to find out if you are eligible for workers’ compensation .

Don’t hesitate to find legal support for your injuries. Our attorneys at Fitzpatrick Santos Sousa Perugini P.C. can help you find a favorable outcome.

Call (203) 583-8299 or contact us online for a free consultation.

Filing a Workplace Injury Lawsuit

Fires and explosions in the workplace can severely injure workers. Employees can suffer burns, disfigurement, and damage to their respiratory system. When these incidents occur, workers may sustain injuries from flying objects and debris, or by inhaling toxic substances.

Employers are responsible for providing proper training to employees on how to operate machinery. They are also responsible for providing protective gear and enforce safety practices and emergency protocols. According to the Occupational Safety & Health Administration (OSHA) , “an emergency plan must be kept in writing, kept in the workplace, and available to employees for review.” If the employer has 10 or fewer employees, the plan may be communicated verbally. Failure to abide by these regulations may hold an employer responsible for worker injuries.

Injuries from fire and explosion accidents may also hold the equipment manufacturer at fault. Manufacturers are required to protect consumers by designing and assembling products that are safe for consumer use. Failure to do so and/or provide safety warnings with the product may hold them liable for consumer injuries.

3 Things to Remember When Talking to Insurance After an Accident

Thu, 26 Jan 2023 16:30:52 GMT

3 Things to Remember When Talking to Insurance After an Accident

The aftermath of a car accident can feel chaotic and overwhelming. Even minor fender benders can feel traumatic, depending on the circumstances. And if you or a loved one is injured in a car accident, it can be especially difficult to know how to proceed.

Of course, the first thing that needs to be done immediately following an accident is ensuring that you’ve removed yourself from harm’s way and sought medical attention. Even if you don’t feel injured, you should always be examined by a medical professional. Often injuries from a car accident are not felt immediately following the accident, so it’s important to not assume that you are unharmed merely because you feel fine.

Soon after that, however, you will need to speak to your insurance company. You may also be contacted by the other vehicle’s insurance. Under the best of circumstances, most people consider talking to insurance as a necessary but unpleasant task. After an accident, however, the stakes can be high. If you say the wrong thing, it can impact how responsibility – and liability – for the accident is determined.

Here are 3 things to keep in mind when talking to insurance after a car accident:

#1. Do Not Admit Fault.

When you speak to insurance, give a candid and straightforward account of the accident. Even if you are concerned that you may have been at fault, do not admit fault. Do not apologize or say anything that could be construed as accepting responsibility for the accident.

The reality is that it is not up to you to decide fault in this situation. There may have been extenuating circumstances of which you are totally ignorant – traffic conditions, signage, something happening in the other vehicle – that could have influenced what happened. For this reason, you should also avoid blaming the other driver for the accident.

Instead, provide the facts and avoid offering your opinion about who is to blame.

#2. File a Police Report.

Insurance companies will often rely on an officially documented police report for confirmation of the accident, which will be considered an unbiased source. A police report can strengthen your case, whether you are seeking compensation for injuries or property damage. If police didn’t arrive at the scene of the accident, you can still go to the local police station to file a report afterward. Be sure to get a copy of the report. You can also request that a report be sent to your insurance provider.

It is important to remember that it is in the best interests of the insurance company to settle for as little as possible. However, what is in the insurance company’s best insurance is likely not what is in your best interest. By hiring an experienced car accident lawyer, you will have someone in your corner working to help protect your rights.

At Fitzpatrick Santos Sousa Perugini P.C., our team is committed to helping our clients recover from an accident – emotionally, physically, and financially. We know the toll that an accident can take, and we are prepared to advocate for you with the insurance companies so you don’t have to deal with the stress and anxiety of complex insurance negotiations.

Contact us online or call us at (203) 583-8299 to schedule a free consultation.

#3. Hire a Reputable Personal Injury Attorney.

Understanding Connecticut's Product Liability Laws

Thu, 12 Jan 2023 16:35:34 GMT

Understanding Connecticut's Product Liability Laws

If you or a loved one have been harmed while using a product, you may be eligible for compensation. Product liability laws allow consumers to hold companies responsible for any damages, injuries, or deaths that are caused by their products.

This includes harm caused by defective designs, unreasonably dangerous manufacturing flaws, or inadequate warnings related to how the product should be used. Companies can be held liable for these issues even if they have taken all reasonable measures to prevent them from occurring.

How Product Liability Works in Connecticut

Product liability cases can be brought under three main causes of action:

Defective design
Manufacturing defect
Negligence

Design defects occur when the product as designed contains flaws that make it unreasonably dangerous for consumers. In many cases, these kinds of defects cannot be discovered until after an accident or injury has occurred.

Manufacturing defects are often caused by errors in the way that components were manufactured or assembled, leading to unexpected results that can injure individuals who use them.

Finally, when a manufacturer or seller fails to provide adequate warnings about the potential risks of using the product, this is called negligence . When these warnings are not given, consumers can be unknowingly exposed to harm when they use the product as intended.

Who You Can Sue

When a product causes injury, only a merchant can be liable under product liability laws. This means that you can’t sue a private party (e.g. the person who gifted you the product). The defendant must be one of the following:

Manufacturer of the product

Wholesaler of the product

Distributor of the product

Retailer of the product

According to Connecticut’s pure comparative negligence standard, it is possible to seek damages even if you were partially at fault for the injury or damage that was caused by the product. Your degree of fault will determine the percentage of costs for which you are held responsible.

In other words, the court looks at how much each person was responsible for the accident. If one person was 90% responsible and another was 10% responsible, then the person who was 90% responsible will have to pay 90% of the costs.

How Damages Are Decided

Causes of Action in Product Liability Cases

How to File a Claim

According to Connecticut’s product liability statute , plaintiffs have 3 years from the date of injury, death, or property damage to file a product liability lawsuit. However, if you have been harmed by a defective product, it is best to seek the advice of an experienced defective product lawyer as soon as possible. If you let too much time pass, valuable evidence might be lost in the interim.

At Fitzpatrick Santos Sousa Perugini P.C., our knowledgeable product liability attorneys can review your case and help you to determine if you have a valid product liability claim. We work on a contingency fee basis, so you owe nothing up front for our legal services.

Contact us online or call us at (203) 583-8299 to schedule a free consultation.

Homeowner Liability for Trick-or-Treat Injuries

Sun, 30 Oct 2022 16:39:20 GMT

Are Homeowners Liable for Injury to a Trick-or-Treater?

Halloween is a fun holiday that families and friends can enjoy together; while going trick-or-treating or attending a costume party is a great way to spend the holiday, you may suffer injuries while you are on someone else’s property. Can the homeowner be held liable for your injuries and damages?

Yes, if a homeowner is proven to have acted negligently or recklessly, they can be held liable for trick-or-treater’s injuries. Property owners owe people who are legally visiting or inhabiting their property a duty of care and should ensure their guests are safe. If there are unsafe conditions on a property, property owners should either take steps to rectify the issue or warn others of the issue.

For instance, if a homeowner has defective stairs on their front porch, they should have a sign warning people about the stairs. If they do not take steps to fix the steps or create a warning and a trick-or-treater slips and falls, the trick-or-treater may pursue legal action.

What Types of Accidents Can Happen While Trick-or-Treating?

Many types of accidents can happen on someone’s property while you are trick-or-treating because of:

Animal attacks. Pet owners should take steps to secure pets they know are not friendly or who are spooked by strangers, because trick-or-treaters can suffer dog bite or animal attack injuries if the pet attacks them. If someone is bitten by someone else’s dog or pet, they can pursue legal action against the owner.

Fire hazards. Flickering candles can add a great aesthetic touch to someone’s Halloween décor; however, they can be a fire hazard. Trick-or-treaters with long sleeves or capes may get too close to candles and suffer severe burns. Depending on their placement, the candles may also be knocked over and trick-or-treaters as well as the property owners may suffer burn injuries.

Inadequate lighting. Homeowners should make sure there is adequate lighting on their porch, entryway, and around their property so that guests can see where they are going. Guests who slip and fall and/or who are attacked on your property because of inadequate lighting can pursue legal action.

Pumpkin slime. If a jack-o-lantern or pumpkin is knocked over, the innards pose a risk to trick-or-treaters as they can slip on the pumpkin slime. Homeowners can be held liable as they should remove the mess.

Tripping hazards. Homeowners should remove tripping hazards like ill-placed decorations, power cords, and broken porch steps; failure to address or warn guests about tripping hazards can lead to a premises liability suit.

Consult with Our Attorneys

Fitzpatrick Mariano Santos Sousa P.C. is dedicated to helping clients receive fair compensation if they have suffered injuries in a negligence-based accident. If you or a loved one have suffered injuries while trick-or-treating on someone else’s property, you can trust our attorneys with your case. With over 100 years of collective experience, our team can help you collect evidence and establish liability as well as maximize your compensation and minimize your liability.

To learn more about how we can help you, telephone (203) 583-8299 or complete our online form today.

Disclosure Requirements for Selling CT Real Estate

Sun, 16 Oct 2022 16:44:56 GMT

What Must Sellers Disclose When Selling Real Estate in CT?

Residential sellers are legally required to make certain disclosures to their potential buyers (see Connecticut General Statute § 20-327b ). In adherence to the law, sellers must complete a Residential Property Condition Disclosure ReportResidential Property Condition Disclosure Report , which asks them to honestly disclose:

The age of the property
The length of their occupancy in the property
Whether their property is in an inland wet area or flood hazard
Whether the heating system is functioning or has problems
Whether the fuel tank has issues
Whether plumbing, sewage, or hot water issues are a problem on the property
Whether the electrical system or air conditioning unit/system is functioning or has issues
If there are well or domestic water issues (concerning the quality, quantity, recovery, and/or pressure of the water)
If there are any building or structural issues (including but not limited to issues with the flooring, ceilings, roof, sup pump, foundation/slab, patio, deck, and/or interior walls)
Whether the is fire or smoke damage in the home
Whether the wood in the home is treated or untreated
Other relevant information concerning ownership of the property as well as its condition

To complete the form, the seller will have to sign the form in acknowledgment that they answered the questions and completed the form accurately based on the extent of their knowledge. Buyers will also have to sign the form to prove they received and reviewed the disclosure.

Sellers do not have to disclose that a property has paranormal activity or whether a death occurred on the property. It is also important to note that home inspections and/or property tests can still be conducted even if sellers complete the disclosure form.

Failure to complete a disclosure form can result in a $500 fine (paid to the buyer at closing), and failure to accurately and adequately disclose known property condition issues can lead to a lawsuit.

CT Property Condition Disclosure Exemptions

Sellers do not have to complete a disclosure in the following instances:

One or more co-owners of the property are transferring ownership to one or more co-owners.
The property is being transferred to a spouse, parent, grandparent, child, or sibling of the transferor without consideration of payment.
The federal government, a political corporation, institution, or quasi-government agent is making the property transfer.
The state is transferring ownership of the property.
A new construction, residential property (with an implied warranty) is transferring ownership.

If a property does not have asbestos/lead present not has issues with its foundation, slab, basement leaks, or sump pumps, transfers of properties acquired in a foreclosure, in a foreclosure sale, or by a deed in lieu of foreclosure are also exempt.

Get Legal Help

When you purchased your property and moved in, you likely had dreams and plans associated with the property, and discovering issues that weren’t disclosed by the sellers can be frustrating and disheartening. Backed by over a century of collective legal experience, Fitzpatrick Mariano Santos Sousa P.C. can help you understand your legal rights and options if your home has undisclosed issues.

Our attorneys are known for providing aggressive and detailed legal counsel and can work tirelessly to help you obtain the best possible case results. Once you retain our services, we can conduct an investigation, collect evidence, and establish that the sellers failed in their duty to disclose.

Schedule an initial consultation today by calling (203) 583-8299 or reaching out online .

What Are the Types of Catastrophic Injuries?

Wed, 21 Sep 2022 16:48:22 GMT

What Are the Types of Catastrophic Injuries?

Being involved in an accident can be scary and life-altering, especially if you suffer an injury. While all injuries can have a lasting impact on a person, catastrophic injuries are injuries that impact your long-term quality of life, job, daily life, and every aspect of your life. Below, we will discuss the common types of catastrophic injuries sustained in negligence-based accidents.

Common Types of Catastrophic Injuries

As we mentioned, catastrophic injuries are injuries that a permanent and prevent a person from having the same quality of life. Unlike whiplash, bruises, or broken bones, these injuries won’t be healed within a few weeks. Types of catastrophic injuries are:

Amputations. Permanent disfigurement and the loss of a limb are considered catastrophic injuries. These injuries require constant rehabilitation and can lead to other serious health complications, and a person will have to learn to adapt to life without an extremity they’re used to having, which can impact their ability to work and aspects of their daily life. Amputations can occur in a variety of accidents, including but not limited to construction accidents, motor vehicle accidents, and explosions or fires.

Birth injuries. Birth injuries are injuries to a mother and/or child during the pregnancy or birthing process. Many children suffering from birth injuries require specialized care and continued medical treatment and rehab. Child-related birth injuries include cerebral palsy, erb’s palsy, kernicterus, and spinal cord damage. Mothers can also sustain injuries, such as a ruptured uterus that can lead to other health issues and a need for ongoing care.

Hearing and vision loss. The permanent loss of one of your sense is also a catastrophic injury. Accidents that cause head or facial trauma or traumatic brain injuries can also lead to damage to a person’s vision, sight, or other senses.

Internal organ injuries. If a person suffers blunt force trauma to their body in an accident, their organs can be lacerated. In some cases, the organ can be repaired; however, in others, the organ may be damaged beyond repair, which is catastrophic and can have serious health implications.

Paralysis. If a person is partially or totally paralyzed because of an accident, that is considered a catastrophic injury. Because of the spinal cord or brain damage sustained in an accident, a person may be permanently paralyzed.

Severe burns . Third- and fourth-degree burns can damage a person’s bones, muscles, organs, and nerves, and in severe cases, the affected extremities may require amputation. Burns (as well as amputation) can affect a person’s mobility, daily life, work abilities, and appearance.

Traumatic brain injuries (TBIs). While a concussion isn’t necessarily catastrophic, other TBIs or multiple concussions can have a serious impact on a person’s life. Specifically, they may struggle with their memory, reasoning, thinking, emotional outbursts, communication, etc. depending on the area of their skull/brain that is affected.

If you have been injured in a negligence-related accident, contact Fitzpatrick Mariano Santos Sousa P.C. to get legal counsel from our skilled personal injury attorneys by calling (203) 583-8299. Backed by over a century of experience, our firm is equipped to help you.

Late-Night Driving Safety Tips

Sun, 18 Sep 2022 16:58:15 GMT

Late-Night Driving Safety Tips

While driving at night doesn’t have to be scary, drivers should use caution when driving at night as driving dangers can increase at night. According to National Highway Traffic Safety Administration research, fatal crashes are here times higher at night than during the day (per mile traveled). Below, we will discuss some safety tips for driving at night to help reduce the risk of being involved in an accident.

Fight Against Fatigue

Driving during the night or day, you should have full control over your ability to focus and control your vehicle. However, drowsy driving can affect your driving abilities. Drowsy driving is just as dangerous drunk driving because you can just as easily fall asleep behind the wheel, engage in reckless driving practices, struggle with blurry vision, and struggle with focus. If you feel tired at all, find a safe place to stop diving and take a break. You can also consider:

Calling someone so they can talk to you and keep you engaged
Opening your windows
Chewing gum
Changing the temperature so you are slightly uncomfortable
Changing your sleep routine to avoid future drowsiness

Drive Defensively

Drunk driving accidents are four times more likely to occur at night than during the day. While you should avoid drinking and driving, you should also be more defensive and alert because of the risk of drunk drivers. If you notice a vehicle that is swerving or driving recklessly, keep your distance.

When driving at night, you should have your headlights on at all times to increase your visibility and sight lines. You should also use your high beams when it’s appropriate—just be sure to turn them off/down when a vehicle is approaching.

Use Your Headlights & High Beams

Attend to Car Maintenance

Before getting on the road, do a routine check of your vehicle to ensure your headlights and windshield are clear; because of the darkness, your visibility is already low, and you don’t need foggy or dirty headlights and/or an unclear windshield further inhibiting you. Making sure you complete routine maintenance on other aspects of your car can also reduce the risk that you will run into car trouble and have to pull over at night.

Avoid Two-Lane Highways

Nighttime glare (from headlights and high beams) is even worse on tow-lane roads and highways. If possible, consider taking another route to avoid two-lane roadways.

Avoid Speeding

Speeding can affect your ability to react to a dangerous situation and control your vehicle in inclement weather; when you speed, you also reduce the ability of road safety features (like median dividers, guard rails, etc.). Because of lower visibility at night, you have even less time to react. When driving at any time, especially at night, you should slow down and adhere to the speed limit.

Watch Out for Wildlife & Pedestrians

As we have mentioned, it is a lot harder to see while driving at night, and many nighttime accidents involve a vehicle colliding with a pedestrian or wildlife on the road. While pedestrians and cyclists should have on reflective gear and bright clothing, some do not take this precaution, and animals don’t have reflectors. Be mindful of signs that warn you about animal crossing zones and take extra precaution in wooded and residential areas.

Eliminate Distractions

Taking your eyes off of the road to send a text, change the song, or grab your drink can have serious consequences. While distracted driving is dangerous at any time of day, distractions can be even more hazardous at night because of the limited visibility you have. When driving, use hands-free methods to engage with your technology (i.e. phone, Bluetooth music, etc.), and consider moving distractions out of reach.

It is also important to note that passengers can be a distraction. If you are driving with someone else, remind them that you need to focus and set ground rules/boundaries for the drive. For instance, be clear that you can’t look at videos and they shouldn’t try to hold the phone closer so you can see.

Involved in a nighttime car accident? Contact Fitzpatrick Mariano Santos Sousa P.C. to discuss your legal rights and options today by calling (203) 583-8299. We look forward to hearing from you.

Common Causes of Slip & Fall Accidents

Sun, 21 Aug 2022 17:02:19 GMT

Common Causes of Slip & Fall Accidents

Property owners owe their guests and legal visitors a certain duty of care and should take the necessary steps to inform guests of potential hazards. However, because of negligence by the property owner or management, many people continue to suffer injuries in slip (or trip) and fall accidents. Below, we will discuss the leading causes of negligence-based slip and fall accidents as well as ways to eliminate the hazards or avoid slipping and falling.

Environmental Conditions

Environmental conditions refer to hazards or issues that are a product of the type of establishment in which you slip and fall. For instance, in a restaurant, you may trip on a jukebox cord or condiments that spilled on the floor; while in a grocery store, you may slip and fall on spilled samples. Environmental conditions that can cause a slip and fall accident include:

Bright lighting that causes a glare
Cords or wires
Floor material transition (i.e. carpet flooring to linoleum)
Open cabinetry or doors
Trash or debris left on the floor

Property owners should walk through their property and attend to any obstacles in walkways, such as cords or debris. If they have different flooring materials, they should also warn their guests (with signs or verbally) that they should proceed with caution and be mindful of the change. If you are visiting a property, you should eliminate distractions (like looking at your phone) and pay attention to where you are walking.

Footwear

Your footwear is important because wearing the wrong type of shoes can lead to a slip-and-fall accident. For instance, wearing heels when it’s snowing can lead to someone slipping more easily on ice or snow. Shoes that do not have good traction or grip can also be hazardous in certain conditions.

Broken or damaged handrails (i.e. the posts or wall supports on stairways) can cause a slip and fall accident. If someone is walking along the stairs or even in a bathroom and goes to use a damaged handrail, they may fall if the rail is unable to support them. To prevent an accident, handrails should be inspected to ensure they are in working order, and defective rails should be replaced as soon as possible. Until they are replaced, signs should be put up to warn visitors against using them.

If you slip and fall at a restaurant, shopping center, or a public space, the staff may have endangered you or acted negligently. However, their employer and/or the property owner should have taken steps to ensure that their staff understood the best practices for avoiding slips and falls; they should also make sure that safety guidelines are adhered to by the staff.

To reduce the risk of slip and fall accidents, workers should not only be given the proper equipment and tools, but should also receive proper training concerning safety practices and how to use the tools and equipment. For instance, chefs and kitchen staff should be trained to address and warn each other and guests about grease or oil spills and debris.

Improper Safety Training or Practices

Poor Lighting

Improper lighting inside or outside of a property can also lead to an accident. As we mentioned, in some cases, the lighting can cause a glare depending on the other material in the area. However, a lack of lighting is just as dangerous.

Property owners should install enough lighting to ensure visitors can see and should ensure the lighting doesn’t cause glares or other issues. They should also maintain the lighting on their property by replacing blown bulbs.

Uneven or Wet Floors

If the floors are wet or unkempt, people may slip or trip and fall, especially if they were not made aware of the dangerous conditions. Floor conditions that can contribute to causing a slip and fall accident include:

Bulging or worn carpet
Grease or oil on kitchen flooring
Lack of signage in areas with wet flooring
Loose flooring, mats, or rugs
Potholes in parking lots
Sloping floors, especially those that have been treated (i.e. waxed or polished)
Spills in walkways
Uneven flooring, surfaces, or pavements
Unsalted or treated icy walkways
Waxed or polished floors

Spills should be mopped up as soon as possible, and property owners should warn people of the dangerous areas with signage (until the issue can be fixed). Other preventative measures to help avoid slip and fall accidents include:

Investing in floor mats at the entrances to soak up moisture
Maintaining their flooring and pavement (i.e. filling in cracks, holes, etc. and fixing loose flooring)
Shoveling snow and salting the ground if snow and ice are an issue
Using no-skid materials for their flooring

Injured in a slip or trip and fall accident? Contact Fitzpatrick Mariano Santos Sousa P.C. to learn more about your legal options. Call (203) 583-8299 today!

Can Your Shoes Cause a Car Accident?

Sun, 14 Aug 2022 17:05:35 GMT

Comparative Negligence, Car Accidents, & Your Shoes

In our previous blog, “How Clothing & Shoes Can Affect Slip & Fall Claims,” we discussed how footwear can be investigated in premises liability cases . To review, Connecticut follows modified comparative negligence laws; under these laws, while plaintiffs can still recover compensation if they were not more than 50% at fault for their accident, their settlement award will be reduced based on their percentage of fault.

Just as in slip and fall cases (or other personal injury claims), the opposing counsel may try to argue that your footwear contributed to your injuries and/or the car accident itself. In this article, we will discuss what shoes should be avoided as well as the ways in which shoes can impact your driving abilities.

Do Shoes Affect How You Drive?

Approximately 16,000 car accidents are caused by pedal errors each year. Wearing improper driving shoes can lead to a pedal error, which occurs when your foot slips off the brake or acceleration pedal or the wrong pedal is pushed. Flip flops and high heels are the most dangerous shoes to wear while driving; however, any shoe that has a slippery sole, slips off easily, and doesn’t have a secure heel can affect your driving abilities and safety.

Shoes to Avoid Wearing If You Plan to Drive

The best shoes to wear while driving are sneakers or traditional driving shoes, which are slip-on moccasin-type shoes that have a rubber sole; these shoes allow drivers to easily move their feet between the brake and gas pedal and have better grip and pedal traction. While you may wear other shoes to match your outfit or aesthetic, consider keeping either of these footwear options (or a similar shoe) in your car to wear until you reach your destination.

You should avoid wearing the following shoes when driving:

Cowboy boots. The heel on these boots may affect your ability to apply or release pressure on the pedals.
Flip flops. These shoes can easily slip off and/or get stuck under the pedal as they do not have a strap to secure them to the heel of your foot.
High heels. You may struggle to pivot your foot between the pedals with heels; in some cases, drivers who wear heels hover their feet over the pedals rather than resting them on the pedals, which can lead to delayed reaction times and fatigue.
New shoes. If you get new shoes with leather, wooden, or other soles that do not provide a lot of traction, you should wait to wear them while driving until they are broken in. The shoe’s soles may be slippery until broken in, which puts you at risk of having your foot slide between or off of either pedal.
Slipper or house shoes. While these shoes do have a heel strap (in most cases) and are enclosed, they do not have a lot of grip or traction on the bottom, and their loose fit presents a risk to drivers as well.
Wedges. Wedge sandals or shoes can also end up stuck under the pedals (typically sideways because of the deep heel). However, if you wear these shoes, you also risk accidentally applying more pressure than needed to the brake or gas pedal because of the altered depth perception the shoes may give you.
Work boots. If your work boots are especially large, you may not be able to accurately determine where the pedals are or how much pressure should be applied.

It is also important to note that not wearing shoes and driving barefoot is also dangerous. Feet can get sweaty, which affects your ability to pivot or react in a timely fashion. You may also struggle to apply the right amount of pressure to the pedal when you’re barefoot.

With over 100 years of combined experience, the attorneys at Fitzpatrick Mariano Santos Sousa P.C. are equipped to help you navigate your car accident claim. Once you retain our services, we can work to help you maximize your compensation and minimize your liability if you were wearing footwear that may have contributed to your accident. We handle a wide range of car accident cases, including those that are considered:

Request an initial consultation by contacting our team online or calling (203) 583-8299 today. We offer services in English, Spanish, and Portuguese.

Contact Our Firm

Common Causes of Burn Injuries

Thu, 28 Jul 2022 17:07:58 GMT

Common Causes of Burn Injuries

A common type of catastrophic injury that accident victims can sustain is burns. A burn is damage sustained to the tissue that is caused by heat, electricity, chemicals, radiation, or the sun, and they are typically classified, based on their severity, as either a first-degree, second-degree, or third-degree burn.

While first-degree burns are mild and only affect the top layer of skin, second-degree burns affect the skin’s top and lower layers causing swelling, redness, blistering, and pain. First-degree and second-degree burns can be treated at home, but you should still see a medical professional.

Third-degree burns are the most severe type, requiring specialized care as they can be life-threatening. These burns affect all three layers of your skin as well as your sweat glands, hair follicles, bone, and nerve endings. With third-degree injuries, your skin can turn back, white, or red and can have a leathery appearance.

No matter the burn degree, these injuries can impact your immune health, physical and mental well-being, and appearance. You can sustain a burn injury almost anywhere—from home, at work, in the car, or at a restaurant. In this article, we will outline what often causes burn injuries.

What Are the Common Causes of Burn Injuries?

According to the Cleveland Clinic, nearly half a million people are treated in the ER for burn injuries annually . While some burns are accidental, other burns are sustained in negligence-based accidents. For instance, burn injuries can be caused by:

Building fires. If your apartment, home, workplace, or building is not up to code, a fire may break out because of faulty wiring; building fires can also be caused by neglected cigarettes or food that is left on the stove/in the oven cooking.
Car, truck, motorcycle, or other vehicular accidents. After getting into an accident involving a vehicle, a fire may break out or the vehicle may explode, which can lead to serious burn injuries.
Chemical accidents. If you are involved in a truck accident with a vehicle that is hauling chemicals, in a workplace environment or class where chemicals are improperly handled, or around chemicals for one reason or another, you can suffer a chemical burn from acid, lye, concrete mix, cleaning supplies, chlorine, or bleach.
Defective products. If a product is not properly designed or has a combustible fuel source or batteries, it may overheat and then spark, which can lead to burn injuries.
Electrocutions. Many construction workers experience electrical burns while on their job sites. They (as well as others) may also suffer flash arc burns or thermal contact burns if exposed to high electrical currents.
Gas explosions. A gas explosion can occur on a work site, at a barbecue by a grill, in gas furnaces or water heaters, or in any instance where propane, fuel, or natural gases are around.
Medical procedures. A person can suffer burn injuries because of surgical, cosmetic, or other forms of medical treatment. Most commonly radiation treatment, fluoroscopy, or treatments that use ultraviolet light or microwave energy cause radiation burns.
Reactional activity accidents. People at bonfires, barbecues, cooking classes, or other recreational activities are at risk of being burned by a flame. Even relaxing at home or with friends, a person can be burned by a flame from a stove, heater, or other faulty equipment.
Scalding water. Hot liquids or steam from coffee, tea, water, or soup can cause various serious burns if a person drinks the scalding liquid or is touched by the beverage’s steam.

Get over 100 years of experience on your side. Contact Fitzpatrick Mariano Santos Sousa P.C. today to schedule a free consultation by calling (203) 583-8299 today.

How Clothing & Shoes Can Affect Slip & Fall Claims

Thu, 14 Jul 2022 17:12:31 GMT

How Clothing & Shoes Can Affect Slip & Fall Claims

Connecticut is a modified comparative fault state, which means that a plaintiff can still pursue a claim if they were partially at fault for their accident. However, they must only be 50% or less at fault, and their damages will be reduced by their percentage of fault. In slip and fall claims , especially those involving snow and ice , your clothing and footwear may be investigated and questioned by the opposing party if they believe they were a factor in your accident.

Property owners have a responsibility to ensure others on their property are safe from suffering injuries from slippery or unsafe surfaces. Whether they put up warning signs, specify what shoes employees and guests should wear, or create a temporary solution, they should identify and warn visitors of any unsafe walkways, stairs, or areas on their property. However, you should also take precautions and wear safe clothing and footwear when you’re out and about. While you likely do not pick out shoes or clothing in the morning with consideration to whether they will contribute to an accident or your fault, what you wear does matter as it relates to personal injury cases.

Footwear & Comparative Negligence

Footwear can be an important factor in slip and fall cases if the shoes are:

Defectively designed. A slip and fall claim would not be applicable in cases where the design is what caused the slip and fall; the case would actually be a product liability claim. Toning shoes, which were popular around 2010, were at the center of many lawsuits as they not only failed to help shape/tone people’s bodies as promised but also caused many people who wore the shoes to fall, trip, or experience ankle injuries.

Have residue on the soles. If your shoes had wax or residue on the bottom that reduced your traction, your shoes contributed to the fall, especially if the substance is from another location. If the shoe soles are also just slippery, that can also mean you will be assigned fault.

Are old or worn out. If your shoes are old, the sole may have worn away, which can affect traction. If trip, slip, and fall on a slippery surface, the lack of traction can increase your likelihood of having an accident and contribute to the severity of your injuries.

Shoes should be in a good condition and should afford you the ability to walk comfortably without fear of losing your balance. You also want your shoes to have traction, so you should ensure your treads are not worn out nor are your soles slippery.

Let’s say you were going to a cocktail party but needed to stop at the grocery store to grab a hostess gift. If you slip and fall in the grocer’s parking lot because of uneven pavement, the opposing party may argue that your footwear contributed to or is solely to blame for your fall.

Wearing heels or shoes with worn-out treads could mean you are partially at fault, and as we mentioned, if your footwear contributed to the fall or your injuries, your settlement award will be reduced. In the same scenario, you may be given a percentage of fault if you wore shoes that you knew had no traction if you fell on the grocery store polished floors, or slipped on ice while wearing heels.

Clothing & Comparative Negligence

If you were wearing baggy or loose-fitting clothing, the other side may seek to prove that your pants le or hen got caught in your shoes or caused your fall rather than the surface on which you were walking. Instances in which your clothing may be called into question include (but are not limited to):

Wearing pants with cuffs the cover or slip under the heel of your shoes
Wearing pants, skirts, or other clothing with holes or that are distressed in some way that can get caught on or tangled in surrounding objects
Bell bottoms or flared hems that can get caught on surrounding objects

If you are involved in a slip and fall accident, be sure to preserve your clothing and shoes. In instances where the other party wants to assign you a percentage of fault because of what you wore, these items can be used as evidence to disprove their argument. You should also take pictures of what you were wearing from multiple angles.

It can be helpful (for your case) to establish:

The height of your shoes, boots, or heels (and how often you wear shoes of a similar height)
Whether there was wax or residue on the soles of your shoes or the hem of your bottoms
The quality of your shoes, especially the treads
The appropriateness of your footwear for the environment
Whether your shoes or clothing is defective in any way

What to Do with Clothing & Footwear After a Slip & Fall Accident

Contact Our Premises Liability Attorneys

At Fitzpatrick Mariano Santos Sousa P.C., we have over a century of collective experience, and we are committed to helping our clients mitigate their liability and maximize their compensation. If you or a loved one have been involved in a slip and fall accident that was caused by someone else’s negligence, our firm is here and equipped to help you understand your legal options, make informed decisions concerning your case, and build a solid case.

Schedule a free consultation today by calling (203) 583-8299 or completing our online contact form . We offer services in English, Spanish, and Portuguese.

Summer Motorcycle Safety Tips

Sun, 19 Jun 2022 17:19:46 GMT

Summer Motorcycle Safety Tips

According to the National Highway Traffic Safety Administration (NHTSA), for every mile traveled, motorcyclists were 28 times more likely than cars (and other passenger vehicles) to die in a motor vehicle crash and were 4 times more likely to be injured . Many accidents are avoidable, especially if drivers and motorcyclists take steps to ensure their safety. In this article, we will discuss some of the ways motorcyclists can stay safe.

Motorcycle Safety Tips for Summer Riding

While the summertime is fun and relaxing, it can be also a dangerous time for those on the road, including motorcyclists. Here are some safety tips to help you prepare yourself and your motorcycle for the summer season.

Examine your motorcycle. Before every ride, you should conduct a motorcycle check. You can complete a vehicle safety check by checking your bike for gas leaks, low tire pressure, engine or brake issues, etc.
Invest in quality gear. While only riders and passengers who are under 18 or operators who only have a permit are required to wear a helmet, everyone should invest in and wear a quality helmet (see CGS §§ 14-289g and 14-40a). Riders should also wear a summer riding jacket, gloves, and other protective gear that is suitable for the warmer weather. Covering up cannot only protect you but can also help you avoid sunburn, heat cramps, and or heat exhaustion.
Get a motorcycle cover. To protect your bike from sun damage and pollutants during the summer, you should invest in a motorcycle cover, especially if you park your bike in your driveway or on the street.
Check the weather. During the summer, the weather can still present dangers to motorcyclists. You should be aware of whether a rain storm or other dangerous weather conditions is on the horizon, and you should also prepare for extreme heat or hot weather.
Stay hydrated. Because it can be so hot, motorcyclists should make sure they rehydrate. Drink lots of water and consider replacing your electrolytes with juice, fruit, or a sports drink. You should also avoid coffee and other diuretics as they can increase your loss of bodily fluid.
Know your limits. If you become too hot or drowsy while riding, take a moment to cool down; pull over and rest if you need.
Be mindful of holiday weekends. During the summer, the three deadliest holiday weekends occur: the 4 ^th of July, Memorial Day, and Labor Day weekend. If you ride or travel on these holiday weekends, you should take precautions and be even more mindful of others on the road. If possible, you should also consider avoiding travel during the nighttime.
Watch out for teen drivers. More teen drivers will be on the road during the summer learning to drive, hanging out with friends, and/or heading to a summer job. Inexperienced drivers present a great risk to motorcyclists and other drivers. Consider giving them a wider berth if you notice a teen driver bumper sticker or unsafe driving practices.

Other general riding safety tips for motorcyclists include:

Ensure you are properly licensed. Data from the NHTSA revealed that 36% of motorcyclists involved in fatal crashes in 2020 did not have a valid motorcycle license. In Connecticut, riders do not need a license but do need to obtain a motorcycle endorsement. The endorsement is a letter “M” on a valid state driver’s license. To receive an endorsement, you must complete an application, pass a knowledge and vision test, complete a safety test, and more. Learn more by visiting the DMV website .
Don’t drink and ride. In 2019, 42% of motorcycle accident fatalities in single-vehicle crashes involved alcohol-related impediments.
Schedule routine maintenance. You should take steps to ensure that your motorcycle is operating at its maximum level of efficiency.
Always acquaint yourself with your ride. Every motorcycle has different responsiveness and may need to be handled differently. If you are operating a new motorcycle, you should take time to learn how the bike feels, rides, and operates.
Drive defensively. During the summer, vacation traffic and construction work increase, which means that more drivers and vehicles will be on the road. Traffic and slowdowns can cause drivers to get road rage or behave recklessly. Be alert and aware while riding so that you can properly react and respond.
Eliminate distractions. Distracted driving and riding can lead to accidents. Avoid daydreaming, using a phone, engaging in too much conversation with passengers, or engaging in activities that take your attention away from operating your bike.
Watch out for roadway debris or hazards.

Involved in an Accident? Get Legal Help.

After a motorcycle accident, you can suffer from a wide range of injuries, such as lacerations, broken bones, head trauma, or traumatic brain injuries. If you or a loved one have been involved in a motorcycle accident, you should contact our attorneys as soon as possible. While you take the time you need to heal, we can handle the case legalities.

At Fitzpatrick Mariano Santos Sousa P.C., we are dedicated to helping clients fight for fair compensation after suffering injuries in an accident caused by negligence. With over 100 years of collective experience, our attorneys can help you understand your legal options and offer you the legal counsel you need and deserve.

To learn more about how we can help you, contact our firm online or call (203) 583-8299. We are fluent in English, Spanish , and Portuguese .

Common Causes of Teen Driving Accidents

Sun, 12 Jun 2022 17:25:28 GMT

Teen Driving Crash Statistics

Vehicular accidents are the second leading cause of death for teens aged 13-19. According to the Center for Disease Control and Prevention (CDC), approximately 2,400 U.S. teens died and 258,000 were injured in motor vehicle accidents in 2019 . Other statistics regarding teen driving and collisions include:

Teens between the ages of 16 and 19 are at the greatest risk of being involved in an accident. Per mile driven, teens in this age bracket are three times more likely than drivers 20 years old (or older) to be involved in a fatal crash.

Teenage male drivers are two times more likely than female teens to be involved in a fatal accident.

Unsupervised teenage drivers are at a greater risk of getting into a car accident if they have a teenage or young passenger in the car, and the odds increase with each additional passenger.

Teens are at the greatest risk of being in an accident during their first few months of having a driver’s license.

Accidents involving teen drivers most commonly occurred in the nighttime (between 9 p.m. and 12 a.m.).

What Are the Causes of Car Accidents Involving Teen Drivers?

Here are some of the main reasons that teenagers are involved in vehicle accidents.

Speeding. According to the National Highway Traffic Safety Administration (NHTSA), speeding was a factor in 27% of fatal crashes involving teen drivers in 2019 . Speeding can decrease the time needed to make a complete stop and can be especially dangerous during inclement weather conditions. Safety tip: monitor your teenager’s speed and other driving habits . Many new cars have features where parents can set a maximum speed for a vehicle using an app. Even if your teen doesn’t have a new car, you can use apps like DriveScribe, Life360, or DriveSafe to monitor their speed.

Inexperience/immaturity. Because they are new drivers and do not have a lot of experience as well as their lack of maturity, teen drivers often make driving mistakes. Teens also engage in reckless driving behaviors when they first obtain their license. Safety tip: prioritize education and set ground rules. Even if your teenager takes a driving class, you should not only model good driving habits but also consider setting aside more time for lessons and practice. You can also set ground rules concerning how you expect them to act and behave while driving. Ground rules can include guidelines concerning how many passengers they have, the times of day they can drive, etc.

Distractions. While taking calls or dialing the phone and texting are the most talked-about forms of distracted driving, teen drivers can be distracted by a variety of activities, including but not limited to grooming, eating, recording a TikTok, or changing their music playlists. Any activity that takes your attention from the road is dangerous and can lead to an accident. Safety tip: have consequences for distracted driving for both parents and teens. Parents should lead by example and discourage their teens from having distractions while driving. Be consistent in your messaging and rules and consider punishing them (with loss of screen time, limited phone privileges, driving restrictions, etc.) if you discover they have driven distracted.

Passengers . Teenage drivers can be distracted by passengers or even encouraged to drive recklessly by their passengers, especially if they are also young or teenagers. Statistics from the NHTSA show that teens are three times more likely to engage in risky behaviors with multiple passengers present than when driving alone. Safety tip: encourage safe driving practices. As we’ve already mentioned having rules and consequences, which can help discourage recklessness, parents of teenage drivers should also remember to teach their teens about best practices and the dangers of taking risks.

Driving while under the influence. Many teen driving accidents occur because of underage drinking and driving while impaired. According to CDC data, teens are more likely to die in alcohol-related accidents than any other age group. Safety tip: tell your teenager that they can always call you. While you may still punish them, remind your teen that they should call you to ask for a ride before driving intoxicated or getting into a car with someone who has been using drugs or drinking.

Not using seatbelts. Most teens killed in car accidents weren’t wearing a seatbelt; only 55% of teens in fatal accidents in 2019 wore a seatbelt. Safety tip: remind your teen to buckle up. Under Connecticut law, drivers, front-seat passengers, and rear-seat passengers aged four to sixteen years old must wear a seatbelt. In addition to being legally required to wear a seatbelt, you can also remind your teen how life-saving a seatbelt can be.

Drowsiness. Teens have a lot of responsibilities; from working to studying to enjoying time with friends to participating in sports or an extracurricular activity, your teenager may feel spread thin and tired. Driving drowsy can also lead to an accident as drivers lose focus, fall asleep at the wheel, or struggle to see and operate the vehicle. Safety tip: remind your teen to get some rest. Take time to make sure your teenager is getting a good amount of sleep and taking the time they need to rest. While teen drivers in Connecticut cannot drive between 11 p.m. and 5 a.m. (unless it’s for work or school), you may also want to enforce a driving curfew or driving time restrictions.

Contact Our Firm Today

At Fitzpatrick Mariano Santos Sousa P.C., our attorneys have over 100 years of collective experience, and we are known for providing our clients with high-quality, compassionate legal services. If you or a loved one have been involved in an accident, we can help you bring a case forward and maximize your compensation. Our attorneys can also help you understand whether you have a case, establish liability, and calculate your damages. Let us handle the case legalities while you take the time you need to heal (physically and mentally).

Schedule a case consultation today by calling (203) 583-8299 or reaching out online today.

What Is a Negligent Security Claim?

Thu, 19 May 2022 17:31:50 GMT

What Is Negligent Security?

Property owners (residential and commercial) owe people on their property (legally) a duty of care to ensure they are safe while on their property. If you suffer injuries after a crime or an accident occurs on someone else’s property because of inadequate (negligent) security, you may be able to seek compensation in a negligent security claim .

Negligent security claims are a type of premises liability case, and they can arise after someone is injured on a property that:

Has a record of crimes committed on the property and still lacks security measures
Has inadequate lighting
Lacks properly trained staff and security personnel
Lacks proper security equipment, including security cameras
Does not have locks, fences, or other needed barriers on or around their property
Employs staff without conducting a criminal background check

You may file a claim if you are a victim/survivor of a crime that was preventable but occurred because of inadequate security. You may file a claim after suffering emotional, mental, or physical injuries sustained in an assault, robbery, abduction, pool accident, or another crime that occurred at a:

Dorm, apartment building, or hotel
Residential property
Local business or gas station
Office building or workplace
Clinic or hospital
School or daycare center
Train or subway station
Property of any kind that you had permission to enter

What Is Considered Adequate Security?

Security measures or devices that may ensure the safety of visitors can include:

Vetted security guards and staff

Adequate lighting

Warning signs (in hazardous areas)

Marked emergency exits

Secure exterior and interior doors (i.e quality locks, functioning door/hinges, etc.)

Secure windows

Gates or fencing (around the property, pools, etc.)

Security alarm system (that includes functioning cameras)

However, adequate security varies based on the type of property and its specific needs. For instance, a gas station should have functioning security cameras, a well-lit parking lot, a cash management policy, etc. A residential property, however, may only need to have a fence, functional locks, and an alarm system. A key component in determining what is appropriate for a property and in negligent security claims is foreseeability.

What Is Foreseeability?

Foreseeability involves the likelihood that property owners should have knowledge of the dangerous conditions on their property. If the crime or accident that was caused by the inadequate security was reasonably foreseeable, the property owner should have taken action to correct the issue and protect their guest from whatever the threat is. For example, if people are often robbed in the parking lot at an apartment building, the management and/or owners should consider adding better lighting or hiring security officers to patrol.

If needed security measures and devices are not in place, you may suffer serious injuries. In instances where there are no fences around pools, you may drown or suffer from the loss of oxygen of a near-drowning. If you are physically assaulted, you can sustain:

Bruising
Lacerations or cuts
Broken bones
Traumatic brain injuries
Scarring

In any instance where negligent security on a premise contributed to your injuries, you may also have emotional and mental pain or suffering that causes:

Insomnia
Anxiety
Anguish
Paranoia or fear

If your negligent security claim succeeds in court, you can be compensated for your medical bills, lost wages, pain and suffering (including emotional distress, psychological pain, etc.), and any other economic and non-economic damages you’ve suffered. In some cases, you may also receive punitive damages, which seek to punish the defendant for extreme cases of negligence. It is important to note that families who have lost a loved one in an accident due to negligent security can also pursue compensation.

Injuries Commonly Caused by Negligent Security

Establishing Fault in Negligent Security Cases

If you are harmed because of negligent security, you may have a claim against the property owner, property manager, security company, transportation service, a security product manufacturer, certain staff members, and/or another party that was responsible for (and neglected) your safety. For negligence to be proven, it will need to be shown that:

The defendant(s) owed you a duty of care.

They breached that duty of care by not resolving or warning you of negligent security issues.

Your injuries and damages are the direct results of that breach of duty of care.

You suffered damages (i.e. healthcare bills, pain and suffering, etc.).

Obtain Reliable Legal Counsel

At Fitzpatrick Mariano Santos Sousa P.C., our attorneys have over 100 years of combined experience . If you have been injured or lost a loved one because of negligent security, we are here to help you pursue compensation and protect your legal rights. Once you retain our firm, we can help you:

Investigate the incident and establish liability
Minimize your own liability
Calculate the damages you may be owed
Gather evidence
Understand your best options (legally)

To schedule a case consultation, telephone us at (203) 583-8299 or reach out online . We offer services in English, Spanish, and Portuguese.

Types of Traumatic Brain Injuries

Mon, 09 May 2022 17:56:09 GMT

Types of Traumatic Brain Injuries

In 2020, there were over 64,000 TBI-related deaths in the U.S., which is 176 deaths per day, and in 2019, there were 223,000 hospitalizations because of TBI-related injuries ( Center for Disease Control & Prevention statistics ). Traumatic brain injuries (TBIs) are injuries to a person’s head, skull, and/or brain that can affect how their brain functions.

In this article, we will discuss the types of TBIs (i.e. what causes them, symptoms, etc.). You may sustain a TBI in a negligent-based accident, including but not limited to a(n):

Car accident
Motorcycle accident
Truck accident
Slip and fall accident
Instance of medical malpractice
Domestic violence incident or assault
Sports-related incident
Explosion (most seen in veterans/service members)

Concussions

A concussion (or mild TBI) can occur after you suffer a blow, jolt, or bump to your head or your head hits a hard surface or object; they can also occur after you are hit forcefully and your head and brain move quickly back and forth. When you suffer the hit, your brain can bounce around or even twist in your skull, which can lead to chemical changes or stretched or damaged cells in your brain.

Concussions are especially dangerous to those who have suffered them previously. After the incident that causes your injury, you may experience symptoms immediately. However, some symptoms (i.e. memory loss, concentration issues, extreme light sensitivity, or personality changes) will likely materialize days after the injury.

Coup & Contrecoup Injuries

When your brain makes an impact with your skull, there may be tearing of the lining, tissue, and//or blood vessels, which can result in internal bleeding or swelling. Bruises to the brain caused by a forceful impact to your head are known as coup or contrecoup injuries (or contusions). When your brain jolts backward and hits the skill on the opposite side, the bruising that forms is a contrecoup injury or lesion. Bruising suffered on the side of impact is referred to as a coup lesion or injury.

The location (i.e. frontal lobe, parietal lobe, temporal lobe, etc.) and severity of a coup-contrecoup TBI can impact how lasting the complications of the injury last. In serious cases, you can suffer brain death or may be in a coma. In other cases, you may suffer from permanent headaches, seizures, and other physical impediments that impact your quality of life. You may also require physical therapy or cognitive training.

Diffuse Axonal Injuries (DAIs)

Hematomas

Diffuse axonal injuries are caused by the shaking or aggressive rotation of the head by a strong force (i.e. car accident or collision). The impact results in your head whipping quickly; however, your brain doesn’t move as quickly, and the brain’s long central nerve fibers (axons) are stretched, torn, or damaged. If you suffer a DAI, you may become comatose or suffer other injuries in different parts of your brain (i.e. swelling, bleeding, etc.).

These injuries are categorized as Grade 1, Grade 2, or Grade 3 depending on their severity. To diagnose DAIs, doctors may perform/order the following tests: MRIs (which produce detailed images of the cross-sections of your brain), CT scans (which are basically detailed x-rays of your brain), SSEP or BAER (which look at the pathways in your brain), or an EEG (which measures the electrical activity in your brain). In mild forms, recovery is possible, and those who have suffered a mild case will likely suffer a few long-term issues. To treat those issues, you may require recreation, occupational, speech, and/or physical therapy.

A hematoma is essentially a bruise that forms when an injury causes blood to pool and collect under your skin. Hematomas can form between your brain and its lining or your skull and the lining of your brain. In either instance, they should be treated, because they apply pressure on your brain and can grow the longer they are untreated.

Hemorrhages

You can hemorrhage anywhere in your body. However, brain hemorrhages involve ruptured blood vessels causing bleeding within your brain, and the bleeding can kill brain cells. Symptoms vary based on the location of the bleeding. The course of treatment will also vary based on the severity; in serious cases, you will need surgery to relieve the pressure.

Second Impact Syndrome

If you have previously suffered a TBI, you are at risk of suffering from second impact syndrome (SIS). Because of your other head or brain injury (or injuries), your brain may swell shortly after you suffer a second or subsequent TBI. SIS can be fatal; in other cases, it can cause permanent disability.

General Symptoms of TBIs

Traumatic brain injuries are categorized based on their severity: mild, moderate, or severe. You may be suffering from a TBI (of any kind) if you have:

Tinnitus (a buzzing or ringing sound in your ears)
Memory loss
Fatigue or lethargy
Problems focusing
Headaches
Blurred or impaired vision
Abnormal pupil dilation
Abnormal restlessness or irritability
Slurred speech
Numbness in any of your limbs
Nausea
Seizures

If you lost consciousness at any point, hit or suffered a blow to your head, or have any of the aforementioned symptoms, be sure to tell the person who examines you. TBIs can have lasting impacts on your health and should be taken seriously. No matter how severe you think your injuries are—after an accident, immediately seek medical care. Once the adrenaline of an accident and its aftermath wears off, you may really start to feel certain injuries and bruises.

A doctor can examine you and warn you concerning symptoms that may develop in the coming days or weeks; they may even perform a CT or neurological exam (i.e. testing your reflexes, nerves, mental state, coordination, balance, autonomic nervous system, etc.) to better diagnose you.

Get Legal Help

Depending on how long they last and their severity, TBIs can have lasting impacts on your daily life and quality of life as they can affect your mobility, moods, sleeping patterns, and more. If you or a loved one suffer a TBI, you may also suffer financially, and emotionally. While money cannot give you back your life nor does it excuse the negligent party’s actions, we can work tirelessly to help you pursue compensation that can ease the financial strain of your injuries and get access to the care you need.

If you or a loved one have suffered a traumatic brain injury in a negligence-based incident, contact Fitzpatrick Mariano Santos Sousa P.C. today . Call (203) 583-8299 to speak with a member of our team.

What Can I Recover with a Wrongful Death Lawsuit?

Mon, 18 Apr 2022 18:01:19 GMT

What Can I Recover with a Wrongful Death Lawsuit?

If you sue for damages with a wrongful death lawsuit in Connecticut, you can recover important kinds of compensation, but they might be different from what you’d expect.

Wrongful death is a branch of personal injury law that deals with the impact that a death can have on those the deceased leaves behind when someone else is responsible for the death occurring. Wrongful death lawsuits are civil matters, so any criminal charges surrounding a death – if any are present – don’t always align with the outcome of a wrongful death lawsuit.

A famous example of this is the murder trial of O.J. Simpson, which ended in an acquittal of all charges. Despite this, a civil jury found that Simpson was liable for wrongful death in the double murder and awarded $33.5 million in compensatory and punitive damages to the Brown and Goldman families.

Recoverable Damages in a Connecticut Wrongful Death Lawsuit

Connecticut law offers a relatively unique approach to determining damages in a wrongful death lawsuit. Whereas in most other states these lawsuits focus on compensating for the loss experienced by the decedent’s loved ones, Connecticut focuses on damages from the decedent’s point of view.

As a consequence, the damages available in wrongful death cases may resemble those in personal injury lawsuits with a few differences here and there.

Specifically, these damages may include the following:

Final medical expenses related to the incident that resulted in death, if any
Pain and suffering experienced by the decedent, while conscious
The decedent’s loss of the ability to enjoy life and everyday activities
Lost wages and loss of the decedent’s earning capacity
Funeral and burial expenses

In other states, spouses can sue for loss of the docent’s companionship, support, income, and their own emotional loss in a wrongful death case, but as we alluded to above, this is not possible in Connecticut. Instead, spouses can pursue recovery for these types of damages with a separate lawsuit unrelated to the wrongful death lawsuit.

Punitive Damages in a Wrongful Death Lawsuit

Whether or not punitive damages can be recovered in a wrongful death lawsuit depend on the circumstances of the incident that caused the decedent’s death. In most cases, punitive damages are only awarded when the defendant’s conduct is considered to be egregiously malicious or reckless.

If you experienced an untimely death in your family as a result of another person’s negligence or recklessness, you can pursue a recovery for the financial losses caused by this death.

Fitzpatrick Santos Sousa Perugini P.C. can provide the legal representation you need to win important kinds of compensation that can help your family move forward after your loss.

If you want to learn more about how we can help, contact us online now.

Do You Need Help with a Wrongful Death Lawsuit?

How Are Wills & Trusts Different?

Sun, 03 Apr 2022 18:07:54 GMT

How Are Wills & Trusts Different?

When it comes to the differences between a will and a trust , a few points are key: What they are, when they take effect, and what they offer when implemented in an estate plan.

Many people look at wills and trusts from an “either/or” perspective – that is, you either have a will or a trust. The reasons for this notion is understandable: Both wills and trusts can help you pass on property to your loved ones after you die, so why need both? The answer to that question, as you’ll see, lies in the important differences between them.

What Is a Will & What Does It Do?

A last will and testament, or simply a will, is a legal document that primarily directs the distribution of assets and property held in your personal estate. In doing so, the testator (will-maker) names heirs to receive specified inheritances and an executor to probate the estate.

A will can help your estate avoid intestacy , which is a condition where an estate has no valid will to direct its administration. In this case, the state’s laws determine who the deceased’s legal heirs are and how much of the estate they inherit, and a probate judge will assign a personal representative of the estate to conduct its administration.

Guardianship & Other Important Matters

All of this, as important as it may be, is just one aspect of what a will can do.

If you have minor children, a will’s other most important feature, guardianship, allows you to name legal guardians to care for your kids should you die before they become adults. A legal guardian can be anyone who you trust to take care of your kids in the event of your death, although most people choose their relatives before friends of the family.

A will can also “catch” any property in someone’s personal estate that was mistakenly left out of a trust. This function is important because it can prevent intestate probate.

Finally, you can also describe your intentions for a funeral and burial with your will along with any other specific wishes, such as charitable giving.

A trust is a legal arrangement that moves property from someone’s personal estate into a trust, which is managed by a trustee. Doing this allows property to skip probate when transferring from the trust to a beneficiary of the trust, which is any trust’s – and there are many different types – most important feature.

What Is a Trust?

Why Is Avoiding Probate Important?

Avoiding probate is important to many people because it can take several months to resolve and cost thousands of dollars in court and attorney’s fees. All of this chips away at the total value of an estate, which affects how much the deceased’s relatives can benefit from it. Because probate is conducted in court, probate is also a matter of public record, which can be another important concern for families that wish to keep their affairs private.

By contrast, the administration of a trust can be a much quicker, cost-effective, and private process. Upon the death of the grantor, the trustee can immediately begin administering the trust. Because this administration isn’t at the mercy of the court’s calendar, trustees can work more efficiently toward disbursing the trust property.

How Is Property Disbursed?

Disbursement of trust property occurs according to instructions left by the grantor. These instructions aren’t completely unlike those in a will, although they can be much more precise and give the grantor much greater control over how much access a beneficiary has to the property entitled to them.

Other Notable Differences to a Will

Unlike a will, a trust is solely concerned with property matters. This means that a trust can’t handle arrangements for guardianship of children and other affairs that don’t involve property. This is why most people use a trust and will in tandem, but there’s another important reason we alluded to earlier.

If, for example, a person has multiple savings accounts (or any other property) and forgets to title one or more of them to the trust, not having a will to back up the trust can mean it’ll take intestate probate to address the savings account left behind. This can catch families of the deceased off guard and become burdensome to handle at an already difficult time.

Do You Need Help with Your Estate Plan?

If you’re working on your estate plan, you can count on the attorneys of Fitzpatrick Santos Sousa Perugini P.C. for legal support.

Everyone’s situation is unique, but we can offer the guidance and services you need to create an estate plan that works best for you and your family. No matter what your goals are for your estate plan, we can help you work toward achieving them each step along the way.

Learn more about how our 35 years of legal experience can work for you. Request a consultation when you contact us online today.

When Should You Start Thinking About Estate Planning?

Mon, 28 Mar 2022 18:14:56 GMT

When Should You Start Thinking About Estate Planning?

According to a Gallup poll , less than half of American adults have a will “that describes how they would like their money and estate to be handled after their death.” Their research also shows that:

Adults with a higher income are more likely to report having drafted a will.

Adults 65 years of age or older are the highest age subgroup that reports having a will (76% reporting), and the percentage of those who have a will in each subsequent age group decreases by about 20% as the age of the subgroup decreases.

Many young peoples as well as people with small estates believe they do not need an estate plan; however, this is far from true. You are never too young and it is never too early to put together an estate plan.

Estate Planning Considerations by Age

Most financial advisors and estate planning attorneys recommend that people begin estate planning as soon as they are legal adults and update the details as needed. Here is a guideline for what estate planning documents you should consider obtaining based on your age . Please be advised that this is a general guide; you should consult with an attorney to receive personalized recommendations and counsel.

Your late teens and 20s. When you turn 18, your parents are no longer entirely responsible for your healthcare and financial decisions. You should obtain a healthcare directive, which includes details about what actions should be taken concerning your health if you are unable to make decisions. You should also name someone who can legally make decisions for you in other regards (i.e. Power of Attorney).

Your 30s. Now, you should consider drafting a will and/or trust with the help of our attorneys. A will stipulates who will inherit your assets, settle your estate, and/or care for your children, and a trust allows a designated person (a trustee) to manage certain assets for the trust beneficiaries. These documents can ensure your family is cared for and your wishes are upheld.

Your 40s. If you haven’t completed any of the aforementioned estate planning documents, you should consult with an attorney and start planning as soon as possible. You should also talk with your parents and/or children if possible about their wishes and estate plans.

Your 50s. During this time, you should work with an attorney to keep your estate plan up to date. You must review your estate plan to ensure it changes as your life changes.

Your 60s. You should also begin Medicaid planning with an attorney. Medicaid planning is a part of estate planning that helps you get your finances and documents to ensure you are accepted into the Medicaid program. If you need long-term care in the future, you don’t want to struggle to keep up with payments or lose assets in covering the long-term care costs.

Estate Planning & Life Events

While you should consult with an attorney to begin estate planning as soon as possible, the following life events are also signs that you should start estate planning now.

Opening a new savings account. To decide where your money will go after your passing, you should designate a beneficiary.
Purchasing a home or property. To help your family/estate avoid probate , you should consider drafting an estate plan if you buy any new property.
Getting married or divorced. If you are married, you should consider what will happen if either spouse passes, and in the event of a divorce, you will need to reassess an estate plan you made with your spouse in mind and/or what assets you have left.
Planning a trip. It is often recommended that you update or create an estate plan if you are going to be traveling out of the country or for an extended period. Should something happen to you what are your wishes in terms of your medical care or the division of your estate?
Having a child. After the birth of any children, you should consider their future financial security as well as who to appoint as their legal guardian.
Receiving an inheritance. If you receive money, property, or any other assets, you should consider who you wish to leave those to and if they should be put into a trust.
Welcoming a grandchild (or another person) into the family. You may want to include the new member of your family in your will or as a trust beneficiary.

At Fitzpatrick Mariano Santos Sousa P.C., our estate planning team is here to help ensure your affairs are in order. Even if you are young and/or extremely healthy, you never know what tomorrow will bring. You could become seriously ill, be incapacitated, or pass away unexpectedly. For peace of mind, you should have a plan in place that leaves no doubt as to what your wishes are.

Our attorneys offer estate planning services including:

Wills
Trusts
Healthcare directives
Tax planning
Asset protection plans

To schedule a free consultation with an attorney from our team, reach out to us online or at (203) 583-8299. With over 100 years of collective experience, we are prepared to help you compile a comprehensive estate plan that honors your wishes and ensures that your loved ones know how you would like your affairs to be handled.

Get Started Today

What Is Fair Eminent Domain Compensation?

Wed, 23 Feb 2022 18:22:12 GMT

What Is Fair Eminent Domain Compensation?

Eminent domain refers to the power governments have to take private land to accomplish a public use. If the state of Connecticut needs your property to build a new freeway, they can get it. Stopping an eminent domain seizure is extremely difficult, though not impossible. Where a landowner has a much better chance is a fight over what is fair eminent domain compensation for their property.

While the law clearly grants governments the right to exercise eminent domain, the law is no less clear in insisting that the original owner receive compensation that is fair and just. This is a right protected by the Fifth Amendment to the United States Constitution and further enshrined in Article 1, Section 11 of our own state constitution in Connecticut.

Court cases over the past 60 years have strengthened the hand of the original property owner. These three are particularly notable…

Colaluca v. Ives (1963) said that fair and just compensation was to be defined as “fair equivalent in money for the property taken from the condemnee as nearly as its nature will permit”. In other words, the original owner must receive fair market value for the compensation to be just.

Gray Line Bus Co vs. Greater Bridgeport Transport District (1982) said that fair compensation should be based on the most advantageous use of the land. In other words, authorities cannot lowball someone by failing to consider all the means by which the land would generate wealth.

City of Norwich v Styx Investors in Norwich, LLC (2004) said that just compensation was to be based on the property’s value to the original owner, not to the state. Depending on the particulars of each individual case, who this favors will vary. But property owners can still take heart from the fact that the law says that their interest in the land is considered primary when considering fair market value.

How Eminent Domain Begins

The state makes the first move in working toward an eminent domain settlement. Per Chapter 835 of the Connecticut code, the government will file a petition with the clerk of court with their assessment of fair market value. The money for this total will be immediately deposited. If the landowner accepts, the matter is over. If not, fair market value will be determined by either ongoing negotiation between the landowner and the government, or by going to court. Be aware that the sum deposited based on the state’s initial assessment does not accrue interest, so landowners have no incentive to draw out the process for that reason.

Three Methods of Determining Fair & Just Compensation

Property can serve a wide range of purposes. Perhaps the property in question is your residence. Or it could be a building that you own and rent out space in. Maybe it’s land or commercial real estate that you haven’t developed yet. The method of settling fair market value will depend on your property’s purpose.

The Market Approach: This is most common for residential eminent domain seizures. The value of your home can be assessed by looking at the value of homes in your neighborhood, particularly those that have sold recently.

But even this fairly straightforward approach is filled with variables. The typical house in Waterbury lists for a little less than $200,000 . Let’s say that three recent sales in your neighborhood averaged out to $250,000. The state feels very reasonable in making that figure the initial settlement offer.

What the state hasn’t considered is that you just put on a deck and remodeled your kitchen. Or maybe they haven’t considered that those houses averaged 3 bedrooms/2 baths, while you have 4 bedrooms and 2 baths. You know this significantly impacts the real estate value of your house. And you have every right to challenge the settlement figure on this basis.

The Income Approach: Common for rental properties, the income approach will consider value based on the income you might have expected to receive. The court rulings referenced above require that the state base their settlement on the most profitable use of the land. A fair settlement will consider your net operating income, the typical number of vacancies that can be expected at any given time and your annual operating costs. A multiplier will then be used to determine the final value.

Essentially, the income approach is best used for property where the biggest value from ownership is still in the future. Expert witness testimony from market analysts might serve to strengthen your case.

The Cost Approach: This valuation method looks at the cost it would take to replicate the property being seized. It can be applied when any unique structures or developments have already been undertaken. It may be determined that the only way for the landowner to be made whole is for them to essentially rebuild the structure.

If that determination is made, the state must consider the value of purchasing an equivalent piece of property that is vacant, and then calculate the cost of reconstructing the unique part of the property. Add that up, and you’ve got your settlement figure.

Does an emotional connection to my home count for anything? A lot of us are deeply attached to our homes, especially if it was a first purchase, we raised kids there, have a lot of nearby friends, or it was passed on through the family. But the harsh reality is that eminent domain does not consider anything beyond the raw economic value of the property.

What if adjacent property is damaged? It’s very possible that the government might not need all your property. Perhaps you own lots–be they residential or commercial–that are side-by-side. The value of the property not being seized will be damaged. It may even be physically damaged. You are entitled to fair compensation for this loss, in addition to the value of the original property being seized.

Can the government give my land to a private developer? Perhaps your municipality found an eminent domain for a new shopping mall that will be built on your land. But the government isn’t doing the developing. In that case, they are giving your land to another private entity. And the reality is that they can do this, thanks to a court case (Kelo v. New London, 2005) that authorized it.

Will the government pay my attorney’s fees? In some civil cases, a judge can order attorney fees be covered for the party that won the case. But in eminent domain, even if the final settlement ends up closer to your estimation than the state’s original deposit, the government cannot be ordered to pay attorney fees. The only exception would be if the state abandoned its eminent domain plans midway through the process.

There’s an old saying “You can’t fight City Hall.” That’s actually not true. You can fight City Hall, so long as you fight on the right grounds, with the right evidence and with the right legal team that won’t back down. Fitzpatrick Santos Sousa Perugini P.C. is that tough legal team you need. We have a knowledgeable staff of experienced attorneys and legal professionals that can bring the fight on your behalf. If you’ve been targeted by eminent domain, we’ll work with you t o get the settlement you deserve. Call us today at (203) 583-8299 or get in touch here online and let us hear your story.

Do I Need a Lawyer to Get Divorced in Connecticut?

Tue, 22 Feb 2022 18:18:44 GMT

Do I Need a Lawyer to Get Divorced in Connecticut?

You are not required to retain an attorney and have the right to represent yourself during your divorce proceedings . However, it is in your best interest that you retain a reliable attorney. Even if you and your soon-to-be-ex partner plan to file uncontested, you should have an attorney review the terms of your agreement and ensure that the settlement is fair to you.

5 Reasons You Need a Divorce Attorney

In family law cases, some people decide to represent themselves and proceed without an attorney; this is known as self-representation or proceeding pro se (which means “on behalf of oneself”). If you do proceed “pro se,” you will still be required to meet all the court deadlines, properly file and complete all the necessary paperwork, clearly communicate in court, and adhere to courtroom etiquette and protocol.

In addition to having help with all the aforementioned legal tasks, you should also retain a divorce attorney because:

They can offer you objective advice. Your emotions may be running high, which can impact your decision-making abilities or process. While they have your best interest in mind, your attorney can offer a more neutral opinion.
They have litigation and negotiation experience. If you represent yourself, you should have strong written and verbal communication skills, because you will need to present strong arguments and clearly share your story in court. Attorneys have training and experience negotiating with opposing counsel and litigating within the court.
They have connections to experts you may need, such as a forensic accountant, appraiser, or mental health expert. During your divorce proceedings, you will need to collect evidence to substantiate your claims, and evidence can include testimony from an expert witness.
They may be familiar with certain judges and the opposing counsel (if they are local). Because of their working relationship and experience, your attorney may be able to negotiate outside of court. If the case goes to court, they may also better understand how the opposing counsel and judge typically operate, which can help in developing your case strategy.
They can save you time, money, and stress. If you proceed pro se, you will need to study and learn a lot of information concerning the required paperwork, courtroom procedures, etc., and you should be able to devote some time to handle the legalities. To avoid misfiling paperwork, improperly completing forms, and adding more stress to the situation, you can trust an attorney to advise you and manage the case.

Questions to Ask a Divorce Attorney

When you are going through a divorce, choosing the right attorney is one of the most important decisions you will make. During your case consultation, you should ask questions to make sure you retain an attorney (and firm) that can handle your divorce case and that you would want to work with. Here are 5 questions you should ask your potential divorce attorney during your initial meeting.

Have you handled divorce cases like mine before? This question is especially important if you are involved in a high asset divorce, high net worth divorce, military divorce, and/or a divorce with any special circumstances or high conflict. You want to retain someone you can trust has the knowledge and experience in helping clients successfully navigate these cases.
What would your strategy be for my case? You can learn whether the attorney believes they work with you to settle out of court or believes your case will go to trial. You can also determine how well they listened to your desired outcomes and goals based on their preliminary plan. If you mentioned wanting sole custody or to protect your home and retirement accounts, did they mention strategies concerning those goals?
How long do you take to return emails or phone calls? This question can begin a dialogue about the attorney’s communication practices and policies, and their answer can give you an idea of how attentive and communicative they are. If you want to remain up to date on case details, you may also ask how often they plan to update you concerning the case.
Will anyone else on your team be working on my case, and if so, can I meet them? If your case is complicated or the attorney has a firm that takes a team-based approach to cases, multiple people may be working on your case, and you should know who will be with you throughout the divorce process.
What is your retainer fee and hourly billing rate? During your initial meeting, the attorney will likely mention their fees and rates, but you may want to ask this sooner rather than later to ensure you can afford their services. Most attorneys bill clients by the hour, but in some instances, they may offer flat-rate (or fixed) fee options depending on your specific needs.

Our attorneys have over 100 years of combined legal experience. If you are getting divorced or have been served divorce papers, our attorneys can help you successfully navigate your divorce case and alleviate some of your stress by knowing you have an experienced team on your side. We handle uncontested and contested divorces and related matters, including:

Child custody and visitation
Child support
The division of assets and debts
Alimony
Modifying your court orders
Domestic violence

Schedule your free, initial consultation today by calling (203) 583-8299 or contacting us online . You don’t have to face this alone; we are here to help.

Get Legal Help Today

Legal Procedure for Fighting Land Encroachment

Sun, 06 Feb 2022 18:26:50 GMT

Legal Procedure for Fighting Land Encroachment

Is My Property Being Encroached?

The first step is to simply be aware of whether your property rights are being violated. A neighbor does have the right to build a fence in their yard. But there is no right to have that fence–even a little–move onto your property.

Even if the fence stays within its proper boundaries, there are still laws in the state of Connecticut that require proper upkeep–because the condition of a fence affects the appearance of the surrounding homes too. A town selectman is who you would appeal to regarding fencing problems–presuming that no agreement can be worked out privately.

Or perhaps your neighbor’s tree is well within their own property line, but over the years it’s grown and now the branches are starting to overhang into your yard. This is land encroachment.

These are in addition to more flagrant examples, like building an addition to the garage or the house that moves well past the property line and into your yard.

Conversely, there are some cases that might seem like encroachment, but in fact are not. As we’ll discuss in a moment, there are situations where a neighbor might be allowed to access your driveway or some other part of your property.

Therefore, the first step in the legal procedure for land encroachment is to do some research. You’ll need to know the precise points where your property lines end.

Finding Out Your Property Boundaries

There are physical markers at the corners of your property. You may not have noticed, because they are often buried below the surface. You can use a metal detector to lead you to the right spot and then do some digging.

If you prefer not to dig up your lawn, the same information is available on the land survey that you can obtain from the county clerk’s office. The survey will have complete information about your property line. Be aware, though, that the property grids are not drawn up for laymen. The level of detail available is meant for professional surveyors and it’s not uncommon for the typical person to need help comprehending the survey.

Both of the above options–digging for the land marker or going to the county clerk–are DIY options for finding your property boundaries. You can also simply hire a land surveyor who will come out and mark the boundaries. Land surveyors licensed with this authority can be easily found by contacting City Hall.

It’s not uncommon for land surveys to run into the four figures cost-wise. For that reason, in addition to keeping a friendly relationship, you may choose to talk with your neighbor. Neither one of you are sure exactly where the property boundaries are, but you start finding some general agreement. In cases like this, you and your neighbor can simply agree that a certain spot is where the property line is.

Now, don’t keep this between yourselves. It’s important to bring in a real estate attorney to formalize what will be called a lot line adjustment agreement. The first reason is that your neighbor may change their mind at some future point. The second is that if you sell your property, you can run into serious problems with title insurance if a neighbor has built onto your property.

Finally, and of most immediate concern, is that if you are paying off a mortgage, any change in the property without the lender signing off is a breach of the mortgage.

If the agreed-upon boundaries are put into a legal agreement, you’ll have protection. Your attorney will also be able to check local zoning and ordinances and ensure everything is in compliance, including whether you and your neighbor will need to appear before a town commission to get the adjustment approved. You will then file it with the local land records office.

Let’s say you and your neighbor were unable to see eye-to-eye and you see no recourse other than to bring a trespass lawsuit. One factor that you and your lawyer will make sure to know before the court challenge is whether there are any easements on the property.

An easement is where someone else has obtained a legal right to use your property. It’s important to bring your lawsuit sooner rather than later, because one of those easements falls under the doctrine of adverse possession .

If your neighbor uses your property without challenge for a 15-year period, so long as that use has been out in the open, adverse possession says it becomes theirs. Think of it as the real estate version of a common law marriage. A situation that sits long enough simply becomes what it appears as in the eyes of the law.

This means that land encroachments must also be considered at the front end, when you are buying the property. Be aware of the precise points of where your boundaries are, if neighbors have encroached and if they have effectively taken ownership of those areas through adverse possession.

The utility easement could be something fairly harmless, like the local water company having the right to run pipes underneath your lawn. But other easements can be more intrusive.

Let’s say you and your neighbor share a driveway. You both live on a modest hill, you are a little bit further up from them. You come down a side road and can easily enter directly into your garage or go down a bit of a slope to your neighbor’s house. The neighbor basically must use your driveway to get to their own house. This effectively creates an easement–they have a right to use your property so they can access their own.

To continue with this example, let’s say your neighbor also has a second entrance that’s exclusively theirs, but it requires turning off a main road and going uphill into the driveway.

You’d vastly prefer they use their own driveway. But we can get some icy winters here in the Northeast. What if going down the driveway would put them at risk of sliding into traffic? Or if they were unable to get back in because of the ice? The safest way for them to enter and exit might be to use your access point, which could be seen by the courts as creating an easement of necessity.

Easements of necessity can also be common in rural settings, where a farm property could be landlocked and lacking direct access to a road without going through a neighbor’s property. The court will grant relief to the person who simply wants to use the road.

Easements become a part of the property itself and do not change when a property changes hands. It’s incumbent upon an owner to tell you about any easements when they buy the land.

No matter what side of the boundary you are on, you have a right to your property and to fair treatment under the law. Fitzpatrick Santos Sousa Perugini P.C. will work with you. We’ll help you talk to your neighbor and their attorney and see if a private solution can be worked out. If it can’t be, we’re prepared to go to court if that’s what it takes to secure your rights. Our team of attorneys and legal staff is talented, experienced, and ready to help. Call us today at (203) 583-8299 or reach out to us online .

The Easement Obstacle

Your right to your property is fundamental and when that right is encroached, it’s natural to want justice and to seek appropriate redress. But it’s also natural to want to get along with your neighbor, be it in a residential neighborhood or a commercial development. The legal procedure for land encroachment is designed to facilitate solutions that make it more likely you can protect both your property and your relationships.

What Is Probate?

Thu, 20 Jan 2022 20:31:14 GMT

What Is Probate?

Probate Definition

Probate is the legal process of reviewing a will and estate to verify its authenticity. The term can also apply to the administration of a deceased person's will. Once the estate owner dies, the court will appoint an executor who may be named in the will or elect an administrator to begin the probate process on behalf of the court.

Generally, the probate process involves evaluating the deceased's will, paying any remaining debts, and distributing the remaining amount to beneficiaries listed in the estate plan.

The Process

When a property owner dies, their assets are reviewed by that probate court, which provides a final ruling on the division of their assets according to a legalized will. Most probate cases involve verifying the will, but in some cases, the deceased does not have a will.

The person to whom the will belongs is called the testator, and once they die, the executor is responsible for starting the probate process. An executor may be listed in the will, or it could be a financial advisor hired to do the job.

The executor's job is to file the will with the court, which triggers the probate process. Once the court-supervised verification process has begun, it will verify the will, and the executor will be given full legal power to act according to the will.

Executors must determine the estate's value and pay off existing debts or taxes that the decedent owed. There is a short window of time when creditors can collect from the deceased's estate. The executor has the power to reject debt claims, but doing so may extend the process.

In some cases, the deceased's estate is insolvent – their debts are greater than the value of the estate. If the estate is insolvent, the probate process may not be necessary.

Once all debts have been paid, the will is verified, and the executor has filed the final tax form on behalf of the deceased, beneficiaries will receive the items or assets promised to them in the will.

The Executor of the Will

Probate is the process of handling an estate after death, but it involves much more than that. Keep reading for more information.

Probate Without a Will

Not all estates go through probate. It's important to understand whether an estate is required to go through probate because it can be a long, expensive process. In general, probate without a will is more expensive than with a valid will. Probate records are also public, meaning that the estate and settlement of the estate are accessible by anyone.

In general, estates below a specific value and insolvent estates do not have to go through probate. Some individual assets bypass probate because of contracts or agreements. Other assets are exempt from probate, including:

401k plans

Individual retirement accounts (IRAs)

Life insurance proceeds

Medical savings accounts

Jointly owned assets

Trusts

If an estate is designated to beneficiaries through a trust, it is exempt from the probate process.

Intestate is a term applied to estate owners who died without a will. Instead of following a will, the executor will administer the estate according to state law, and an administrator will distribute assets to surviving spouses, children, or parents. Administrators act as representatives of the state as opposed to executors who act in concordance with the will.

If someone dies without a will or heirs, their assets will pass to the state.

Is Probate Necessary?

Giving You Peace of Mind

Fitzpatrick Santos Sousa Perugini P.C. understands that losing a loved one can be devastating. That is why we handle the legal intricacies of probate so you can focus on grieving your loved one. Our firm offers various probate services, from managing assets to overseeing debt payment.

Contact our compassionate legal team today for more information.

Bad Faith Insurance: Definition and Your Rights

Thu, 20 Jan 2022 20:19:56 GMT

Bad Faith Insurance: Definition and Your Rights

Bad Faith

Insurers act in bad faith when they use misdirection or confusion as tools to avoid holding up their end of the insurance contract. Ultimately, misrepresentation of contract language or failure to disclose policy limitations are bad faith practices.

These practices can apply to any type of insurance, from homeowners to health insurance. As long as there is an insurance contract, there is potential for bad faith. A difference of opinion or a simple error is not bad faith, but ignoring a claim or denying evidence can violate the insurance contract.

Common-Law Bad Faith

Some states have specific laws regarding unreasonable conduct from an insurer. Generally, the signs of a bad faith claim are consistent across the board, but some actions are automatically subject to litigation under common law.

If an insurer acts in bad faith under common law, the policyholder must prove the following to hold their insurer accountable:

The benefits were withheld: The policyholder must prove that the insurer intentionally withheld the benefits listed under the policy terms.

The insurer's reasoning for withholding benefits was unreasonable: Instead of investigating the claim to determine whether it was valid, the insurer knowingly withheld benefits without reason.

Once the policyholder has evidence to support the two factors listed above, they can file a common law bad faith complaint.

Statutory bad faith claims are based on state law. Instead of establishing their case on the insurer's breach of contract, the policyholder can hold the insurer accountable for neglecting state laws that apply to insurer responsibilities.

In Connecticut, policyholders can pursue legal action if the insurer violates the Unfair Insurer Practices Act. Under this law, insurers have a duty of care to uphold the insurance contract and follow an efficient and thorough due process for each claim.

Insurers may be held liable for bad faith in Connecticut if they:

Fail to provide a reasonable explanation for claim denial within a reasonable amount of time
Make no attempt to give fair and equitable settlement of claims when liability is clear
Refuse to pay claims without an investigation
Fail to implement and uphold fair standards during an investigation

Not only can the insurers act in bad faith by neglecting their duty of care, but they can also be held liable for breaking state laws. If you believe you have a bad faith insurance case, contact an attorney immediately. Never attempt a legal battle without a lawyer .

Statutory Bad Faith

When an insurer attempts to avoid their responsibilities to their policyholders, they are acting in bad faith. So, how does it work, and what can you do?

Put Your Faith in a Team That Cares

Insurers can weasel their way out of fulfilling their side of the contract, but you don't have to settle for bad faith insurance providers. Fitzpatrick Mariano Santos Sousa P.C. can investigate your case and collect compelling evidence to support your claim. We won't stand by while the insurance company neglects its duty of care. Entrust your case to us, and we will hold the insurer accountable on your behalf.

Contact Fitzpatrick Santos Sousa Perugini P.C. today!

How to Prevent Common Winter Injuries

Mon, 09 Dec 2019 20:36:19 GMT

How to Prevent Common Winter Injuries

Slips & Falls

Ice can be hard to see on the ground during the day and at night, which is why you need to be cautious when you are walking on the pavement or using outdoor steps or stairs. According to the Centers for Disease Control and Prevention ( CRC ), American seniors are particularly at risk of sustaining serious injuries caused by slips or falls on ice.

The following are common injuries caused by slips and falls during the winter:

Head injury
Traumatic brain injury
Bruising
Muscle sprains and ligament strains
Spinal cord injury
Broken bones and fractures

To prevent slips and falls this winter, do the following:

Always wear the right footwear for icy and snowy conditions
Take short strides
Don’t rush if you are walking outdoors

Shoveling Snow

Shoveling snow from your walkway and driveway is not only an undesirable chore but also a potential injury risk due to the amount of physical exertion it requires. Repetitive actions, such as lifting the snow and twisting your body can create a major strain on your body, which can result in muscle damage in your back, neck, or shoulders.

If you have to shovel snow during the winter, you should take the following steps to avoid injury:

Warm-up and stretch
Use an ergonomic shovel
Push the snow, don’t lift too much
When lifting, bend your knees and use your legs
Don’t twist your body or throw snow over your shoulder
Take a break and walk around every 15 minutes or so

It is important to remember that some people aren’t even aware that they have a severe injury after being involved in a winter accident . Some injury symptoms and effects take time to become apparent. If you notice pain or swelling after sustaining an injury, make sure you seek treatment from a medical professional.

At Fitzpatrick Santos Sousa Perugini P.C., we are committed to helping clients recover maximum compensation for their personal injuries . We have more than four decades of legal experience, and we are prepared to use our extensive resources to represent your best interests.

To set up a case consultation with our legal team, call (203) 583-8299 today.

Speak to Our Personal Injury Lawyers in Waterbury

Now that winter is here, many of the activities you do every day become more dangerous due to the cold weather. This is why it is crucial to make sure you are prepared for winter activities so you don’t end up suffering a serious injury. Common winter injuries and accidents include:

Slips and falls on ice and snow
Muscle strain from shoveling snow

Here are a few helpful tips that you can use to prevent accidents:

Five Motorcycle Safety Tips for Winter Riding

Mon, 02 Dec 2019 20:47:13 GMT

Five Motorcycle Safety Tips for Winter Riding

#1: Wear the Right Gear

If you want to be comfortable while riding this winter, then you need to make sure you layer your clothes and gear. If you are riding in freezing conditions, you should wear an additional jacket over your base layers to create an insulation barrier. When it comes to outer gear, it needs to be waterproof and breathable. To keep your hands warm, you can use glove base layers with heated grips. The helmet you use should also be tightly-sealed with a fog-free face-shield.

#2: Motorcycle Prep

Make sure your bike has these basics before you get on the road this winter:

Windscreen

Handguards

Heated grips

Fresh antifreeze

Adventure-style riding pegs

Although it can be difficult to ride your motorcycle during the winter, the safety tips we discussed can help you get through this time of year safely. At Fitzpatrick Santos Sousa Perugini P.C., we are committed to helping clients recover maximum compensation for their motorcycle accident injuries . If you or someone you know has suffered serious bodily injury in a motorcycle accident, then you need to get in touch with our lawyers to discuss all of your options under the law.

Give us a call today at (203) 583-8299 to set up your free consultation .

#3: Check Your Tires

If you own a motorcycle and plan to ride it this winter, you need to make sure you take the time to prepare yourself for harsh weather conditions. From heavy winds to snowfall, riding in the winter can be miserable if you don’t know what to expect. Here are five safety tips you should consider if are a motorcyclist:

Cold weather can have a major impact on your tire traction. Even a brief stop at an intersection during the winter can cool your tires and result in less traction. If you are going for a ride, make sure you check the tread and pressure on your tires first.

#4: Be Aware of Salt on the Road

Salt can be just as dangerous as ice for motorcyclists, so keep an eye out for crystalized appearances on the road. Salt can also cause your motorcycle to rust, so whenever you get the opportunity, give it a good wash to remove as much salt as possible.

#5: If It Snows, Get Home

If you are riding and it starts to snow, you need to get home. If you are far from your home, then get to a safe place nearby and wait until the weather conditions improve. Snow can accumulate quickly and make the roads extremely slippery, which is why you should consider buying studded snow tires.

Motorcycle Accident Lawyers Serving Waterbury

Safety Tips for Pedestrians & Drivers

Tue, 12 Nov 2019 20:52:06 GMT

Safety Tips for Pedestrians & Driver

Walking Safety Tips

Pedestrians should follow these basic safety tips when walking near roads:

Always obey signs, signals, and other rules of the road.

Use sidewalks whenever they are available.

If you can’t use a sidewalk, you should walk facing traffic, but remain as far from traffic as possible.

Remain alert at all times. Don’t use anything while you are walking that will take your eyes off the road.

Be predictable and use crosswalks or intersections in areas where drivers expect to interact with pedestrians.

Always make eye contact with drivers when you are crossing the street or intersection. Never assume a driver sees you.

Try to be visible at all times. If you are walking at night, wear reflective clothing and use a flashlight.

Keep an eye out for cars coming in-and-out of driveways and parking lots.

Safety Tips for Drivers

Drivers need to keep the following tips in mind to avoid accidents with pedestrians:

Always scan for pedestrians, especially in busy and congested areas.

If you are driving in poor weather conditions that impact visibility, make sure you use extra caution.

As you approach a crosswalk to turn, slow down, stop, and check for pedestrians before completing the turn.

Yield to pedestrians walking through crosswalks. You should also stop far enough behind the cross-walk so that there is enough space for other vehicles to see oncoming pedestrians.

Don’t attempt to pass a vehicle that is stopped at a crosswalk because there might be pedestrians crossing that are out of your view.

Always follow the speed limit.

Drive slower in school zones and in neighborhoods where children are present.

Consult with Our Accident Attorneys Today

Whenever you get behind the wheel of a car or go out to walk your dog, there are numerous safety risks that you need to be aware of if you want to avoid serious injury. Both pedestrians and drivers share the responsibility for keeping roads and walkways safe. To encourage driver and pedestrian safety, consider the following tips:

At Fitzpatrick Santos Sousa Perugini P.C., our team of dedicated lawyers has years of experience helping clients recover maximum compensation for motor vehicle and pedestrian accident case s . If you or a loved one has suffered a serious injury in an accident, you need to get in touch with our law firm to discuss all of your options under the law. We will use our full resources to represent your best interests, and we are prepared to fight for the justice you deserve.

Call us today at (203) 583-8299 to request a free consultation with one of our personal injury lawyers .

Understanding Mental Trauma in the Workplace

Sun, 03 Nov 2019 21:01:58 GMT

Understanding Mental Trauma in the Workplace

Facts About Mental Trauma

According to the National Safety Council (NSC), there is a workplace injury every seven seconds. The NSC also said that 9 out of 10 people in the U.S. will be exposed to a traumatic event in their lifetimes. As we discussed above, some of these events will have lasting consequences on the mental state of workers who witnessed the traumatic event. The National Safety Council estimates that the lifetime prevalence of post-traumatic stress disorder (PTSD) among Americans is 8.7%. For first responders, that rate jumps to 20%.

When it comes to workplace violence, close to 2 million workers in the U.S. report violent attacks each year. Research shows that the following factors can increase violent acts in the workplace:

Jobs where employees frequently work alone or in isolated areas

Work environments where alcohol use is encouraged

Occupations that require exchanging money with the public

Working late at night or in areas with high crime rates

Workers in the following occupations are more likely to see violence in the workplace:

Health care professionals

Customer service workers

Law enforcement

First responders

Delivery drivers

Public service workers

Crisis Intervention

The goal of crisis intervention is to address the needs of a person who has been exposed to a traumatic event. Some workers experience a psychological crisis as a response to a traumatic incident that can disrupt their mental stability and usual coping mechanisms. How the employee responds to trauma depends on how close they were to the incident, their relationship with the individuals involved, and their ability to cope with stress.

The three most common psychological reactions following a traumatic event are:

Eustress: This type of stress actually motivates the person to move forward
Distress: Although this level of stress can be excessive, most people are usually resilient to it
Dysfunction: This type of stress substantially impacts a person and affects their ability to work and perform regular activities

Identifying these psychological reactions among workers after a traumatic event is a crucial aspect of supporting those who may be developing PTSD.

Have you witnessed a traumatic event at work? If so, get in touch with our attorneys at Fitzpatrick Santos Sousa Perugini P.C. to find out if you are eligible for workers’ compensation . Call (203) 583-8299 to schedule your case consultation today.

When a person witnesses a traumatic event at work, it can result in lasting mental anguish that can seriously impact their ability to do their job. While treatment and care for physical injuries at work are common, we often don’t acknowledge the mental trauma of those who witness catastrophic events. This is why it is important for employers and employees to learn how to identify bystander trauma in the workplace so that workers can get the help they need after a traumatic event.

How to Handle Your Assets & Debts During Divorce

Wed, 16 Oct 2019 21:08:43 GMT

How to Handle Your Assets & Debts During Divorce

List Your Finances

Determine the Value of Your Property

After you have compiled your list of assets and debts, you need figure out how much everything is worth. It is important to note that fair market value (FMV) of your property is not the amount you paid for it, but how much you would likely get for the item if you sold it. You can use websites like Zillow.com or Redfin.com to assess the value of real estate property. For motor vehicles, you can use the Kelly Blue Book to find the fair value.

Getting through divorce is hard for most couples, especially when it comes to separating finances and property. If you are getting divorced but don’t know what you need to do to ensure the best possible outcome, you should consider the following things:

If you want to reach a fair divorce settlement , you need to understand all of your finances. Make a list of all your assets and debts, including those you both share. Your list should include the following assets:

Personal bank accounts
Joint bank accounts
Credit cards
Retirement accounts
Marital home
Vacation home
Incomes properties
Cars
Motorcycles
Boats
Retirement funds
Stocks
Life insurance accounts
Antiques
Paintings
Jewelry

You should also write down the following debts:

Personal loans
Car loans
Credit card bills
Equity loans
Home loans
Medical bills
Student loans

Speak to an Experienced Family Law Attorney

Each couple has a different financial portfolio, which is why you should consult with our team of dedicated lawyers at Fitzpatrick Santos Sousa Perugini P.C. We can review the details of your situation and explain all of your options under the law. We know how difficult divorce can be, and with the help of our legal professionals, you can rest assured that your best interests are fully protected.

Call us today at (203) 583-8299 to schedule your free consultation with a member of our team.

Mold Awareness Month

Wed, 04 Sep 2019 21:24:34 GMT

Mold Awareness Month

How Can I Prevent Mold From Growing in My Home?

You should check around your property for mold before it’s too late. Look for leaky pipes or plumbing issues that can cause moisture in areas like the attic, basement, bathrooms, and garage. To prevent additional mold growth, you need to regularly ventilate the rooms in your home. You should also ventilate the bathroom by running the fan for at least 30 minutes after using the shower or bath to help keep the area dry. If you think you have a serious mold issue, you should call an expert to have your home inspected. The faster you treat and remove mold from your home, the sooner your health can be restored.

September is Mold Awareness Month, a time of year to raise awareness and educate others about the adverse health effects that can result from exposure to mold. Mold and mildew tend to form in moist areas of the home. Asthma and allergic reactions are just some of the health problems that can be caused by mold and mildew, especially among seniors.

Common symptoms of mold exposure include:

Respiratory issues
Skin irritation
Colds and flu-like symptoms
Allergy symptoms, like a runny nose, cough, and itchy eyes
Nose bleeds
Headaches
Nausea
Asthma episodes

Consult with Our Legal Team Today

Have you recently purchased a new home? Did the real estate agent or previous owner fail to disclose that it had a mold problem? If so, you should get in touch with our attorneys at Fitzpatrick Santos Sousa Perugini P.C. to discuss all of your legal options. We can help you file a failure to disclose lawsuit so you can recover the compensation you are entitled to.

Give us a call today at (203) 583-8299 to request a free consultation with one of our real estate lawyers .

Three Reasons to Hire a Probate Attorney

Tue, 13 Aug 2019 21:32:31 GMT

Three Reasons to Hire a Probate Attorney

Reason #1: Drafting Your Will

If you want to pass your assets to your loved ones, you need to include a will in your estate plan . An attorney can make sure your will is properly drafted to include all of your designated beneficiaries. A lawyer can also prepare your will for probate so that the court will deem it is valid after you pass away.

Although it is never pleasant to think about the matters your loved ones will have to handle when you die, it is important to take the time to review your estate and make sure it is prepared for probate. The probate court will decide how all of your personal property should be divided and distributed. Here are three reasons why you should hire an experienced probate attorney to guide you through the legal process.

Reason #2: Avoid Family Conflict

One of the most common reasons clients come to us is to resolve family disputes that arise during the probate process. If you want your estate to be distributed without any issues or arguments between your loved ones, you need to consult with a lawyer to review the terms of your will and determine which estate planning tools can reduce family tensions during probate.

Reason #3: Protect Your Estate From Legal Claims

Your family members aren’t the only people who might try to file a legal claim against your estate. You also need to protect your assets and property from creditor claims and will contests. A lawyer can provide you with the legal protections you need to deter nefarious parties from taking advantage of your estate after you die.

Are you ready to speak to our lawyers at Fitzpatrick Santos Sousa Perugini P.C. about what we can do to prepare your estate for probate? Give us a call today at (203) 583-8299 to set up your free consultation .

The Transportation Department Wants to Change Trucking Safety Regulations

Thu, 01 Aug 2019 21:35:04 GMT

The Transportation Department Wants to Change Trucking Safety Regulations

Will The New Changes Make Roads Safer?

According to Dawn King, President of the Truck Safety Coalition , the trucking industry has failed to produce any research or data that shows how easing standards would increase safety. Cathy Chase, President of Advocates for Highway and Auto Safety , claims that fatal truck accidents have already increased by 40% since 2009. In her view, trucker driving limits should be stricter. Although the Federal Motor Carrier Safety Administration is expected to approve the rule changes, safety groups and advocates will likely try to challenge it in court.

At Fitzpatrick Santos Sousa Perugini P.C. , we are committed to helping clients recover compensation for their truck accident damages. If you or someone you know has been injured in a truck accident, call (203) 583-8299 to request your free consultation with our legal team.

The Transportation Department has been looking into the possibility of changing regulations that require truckers to take specific breaks throughout their shifts.

Under the Federal Motor Carrier Safety Administration’s “Hours of Service Regulations,” truck drivers are only allowed to drive 11 hours a day without a break. Once they hit the 11 ^th hour of driving, truckers must stop and rest for at least a half-hour. Truckers also must end their shift for the day 14 hours after they start, regardless of how much downtime they had during their break.

Every year, hundreds of people are killed in accidents caused by sleepy truck drivers. And although the Hours of Service Regulations are intended to reduce fatal truck accidents , many truckers say the regulations make their job more difficult to perform. That’s because truckers earn their bonuses on miles driven, not how much time they clock. As a result, forced brakes are causing some drivers to push the envelope to make up the miles they lost.

In December 2017, the Transportation Department started to require all long-haul trucks have electronic logging devices. But now, the Federal Motor Carrier Safety Administration might let truckers split up their sleep time.

How Do I Plan My Estate for Minor Beneficiaries?

Tue, 16 Jul 2019 21:41:47 GMT

How Do I Plan My Estate for Minor Beneficiaries?

Discuss Your Estate Plan Today

Do you have more questions about what you need to include in your estate plan to make sure all of your minor beneficiaries are covered? If so, you should get in touch with our legal team to find out how we can assist you. At Fitzpatrick Santos Sousa Perugini P.C., we are dedicated to helping families plan their estates, and we will use our extensive resources and years of experience to ensure that your interests are fully protected.

Call (203) 583-8299 to speak with a member of our law firm about scheduling your free case consultation with our estate planning lawyers.

If you are a parent, you know how important it is to ensure your minor children are taken care of if something happens to you. Although you might have the best intentions, poor estate planning on your end can result in your loved ones losing out on the assets you left behind.

If you have minor children, you should consider using the following estate planning tools :

Revocable Living Trust: A major benefit of a revocable trust is that it can be used to avoid probate and prevent delays in the distribution of your assets.

Testamentary Trust: You can create a testamentary trust under a will. However, it does not technically exist until the creator of the will dies. After the will-maker has passed away, the testamentary trust is created through probate . This process can take months or even years to complete.

Irrevocable Life Insurance Trust: If you think your estate needs additional tax protections to cover your minor beneficiaries, you can use an irrevocable life insurance trust to eliminate the death benefit of an insurance policy from the estate. This estate planning tool can save you and your beneficiaries money on estate taxes.

Irrevocable Trust: If your primary goal is to transfer your wealth after you die, then an irrevocable “Gifting Trust” might be the right option for your estate. This type of trust is especially useful if you want to leave your minor beneficiaries annual or lump sum gifts.

Is Worker Fatigue a Problem at Your Workplace?

Sun, 07 Jul 2019 21:51:56 GMT

Is Worker Fatigue a Problem at Your Workplace?

Implementing Safety Measures

Sleep loss is a genuine impairment that employers need to take seriously throughout the year. To reduce the effects of fatigue among workers, employers are starting to implement proactive measures. For example, Alyeska Pipeline Service Company started a new program to address fatigue caused by erratic shifts that cover every minute of the day and every day of the year.

Alyeska developed new policies that aligned with its existing risk mitigation and hours-of-work policies. The company followed up with health and wellness initiatives, including:

Medical screenings

Sleep questionnaires

Diet counseling for employees and their families

The company also regularly runs employee education courses and asks for feedback and program assessment on a continuing basis. The program has become a crucial part of Alyeska’s company culture with management and employees working together with towards the goal of reducing the effects of fatigue on both workplace and personal life.

We live in a 24/7 world where showing up to work fatigued is treated as a badge of honor. However, we need to embrace the knowledge that getting enough sleep allows us to be safer, alert, and more productive at work.

Is worker fatigue making your workplace dangerous ? Call (203) 583-8299 to schedule your free consultation with our legal team to discuss all of your options under the law.

Employers must grapple with numerous challenges that impact workplace productivity and the wellbeing of their employees. One factor that is becoming increasingly important to employers is workplace fatigue.

Many adult Americans have difficulty getting the recommended seven to nine hours of sleep each night. According to one NSC survey , 43% of Americans reported getting less than seven hours of sleep a night. In fact, research shows that losing even two hours of sleep from the recommended eight has an effect similar to drinking two to three beers. This level of impairment would never be acceptable in the workplace.

Summer Vacation Tips for Divorced Parents

Mon, 17 Jun 2019 21:57:42 GMT

Summer Vacation Tips for Divorced Parents

Tip #1: Make Plans Ahead of Time

Summer will be much easier for both parents if you have a plan in place. Come up with a schedule and plan summer activities and trips ahead of time so that there is no confusion. Google Calendar is a useful tool that can help both parents effectively collaborate.

If you are divorced and have to share custody of your children with your ex, you already know how difficult summer can be for both parents. As parents, it is important that you both do whatever you can to help your children get used to living with separate parents. Effective communication is crucial if you want to be good co-parents, which is why we give you a few tips below that help you manage time with your kids this summer.

Tip #2: Let Your Older Kids Help Out

If you have older children who can help you out during the summer, let them be involved in the planning process. Your older kids can help ease some of the burdens of both parents when they are busy during the summer.

Tip #3: Communicate

Do your best to communicate with the family over the summer. Make sure every member of the family is heard and understood when planning activities for the summer.

Tip #4: Don’t Say “My Time”

When referring to your time with the children, do not use the phrase “My Time.” Enjoy the time you spend with your kids, but don’t make it sound like you are deliberately excluding the other parent.

Do you need help resolving a family law matter ? At Fitzpatrick Santos Sousa Perugini P.C., we are committed to serving clients throughout Waterbury. Call (203) 583-8299 to schedule your free case consultation today.

Residential Property Insurance Claims

Sun, 12 May 2019 20:07:33 GMT

Residential Property Insurance Claims

Residential Property Insurance Policies

Most residential property insurance policies offer the following:

Ordinance: This coverage applies if building codes are enacted after your home was built that require you to add additional features that weren’t covered at the time of your loss.
Additional Living Expense: This coverage pays for cost of living expenses at a temporary location if the covered damage to your home makes it unlivable. This includes things like hotel bills, rent, and other increased costs of living you incur while your home is being repaired or rebuilt.

Although filing a property insurance claim can be a significant, life-altering moment in your life, it is just routine business for your insurer. When you file a property insurance claim, it is important to remember that you are entering into a business negotiation, which means you need to treat this process like you would any other business transaction involving large sums of money. Below, we explain what you need to know about filing a residential property claim so you know what to expect from the process and how to protect your interests.

Dealing with Insurance Adjusters

Whenever you have to file a property insurance claim, you want to make sure that the insurance company sends a licensed adjuster to inspect your property and interview you. If an adjuster shows up at your property, ask for a business card that has their first and last name and all of their license numbers. You should also write down their name and the specific reasons they said they are visiting your property.

Insurance adjusters will try to push you to sign various documents pertaining to your policy and claim, which is why you should be cautious and consult with an experienced attorney to make sure your best interests are fully protected.

Do you need help filing an insurance claim for your residential property? Call (203) 583-8299 to schedule your free case consultation with our real estate lawyers in Waterbury.

Estate Planning for a Pretermitted Child

Wed, 01 May 2019 20:49:44 GMT

Estate Planning for a Pretermitted Child

Of all the villains to appear in Batman movies over the years, it is often Heath Ledger’s version of the Joker that audiences rave about. While Jack Nicholson is another top pick for memorable performance in a Batman film, Ledger’s exceptional acting and dark portrayal of the character earned him the Academy Award for Best Supporting Actor.

Sadly, Heath Ledger died of an accidental drug overdose at the young age of 28. The actor amassed a sizeable fortune from the many movies he appeared in during his short career. Although most people are familiar with how Ledger died, few know about the controversy surrounding his estate after his death.

Heath Ledger already had a will in place at a young age to protect the wealth he accumulated from his films. When Ledger executed his Last Will and Testament, he wasn’t married and didn’t have any children. As a result, he decided his estate should be divided equally between his parents and his siblings after if he died.

After the will was executed, Ledger started dating Michelle Williams. The two eventually gave birth to his daughter, Matilda Rosa. Michelle Williams and Heath Ledger never got married and decided to end their relationship after their daughter was born.

After Matilda Rose was born, Ledger didn’t update his will to provide for her. Luckily, Ledger’s family members reached an agreement that would put his fortune in a trust for the sole benefit of Matilda Rose. Had the family not agreed on these terms, this story could have had a devastating ending.

Heath Ledger’s death shows the importance of addressing a pretermitted child ( a child accidentally left out of the will) when creating an estate plan . This is why it is crucial to update your will after the birth of a child.

Have you had a change in your circumstances that might require you to update your estate plan? Call (203) 583-8299 today to schedule your free consultation with our legal team.

Fisher-Price’s Rock ’n Play Sleeper Recall

Thu, 25 Apr 2019 20:52:21 GMT

Fisher-Price’s Rock ’n Play Sleeper Recall

In light of recent lawsuits against Fisher-Price and its parent company, Mattel, doctors and safety groups are now saying more should have been done to fix the risks associated with the Rock ’n Play sleeper.

While the Fisher-Price recalled 4.7 million Rock ’n Play sleepers from shelves, the company maintains that it was not at fault for the more than 30 infant deaths linked to the product. According to Fisher-Price, the reported deaths were the result of consumers using the sleeper “contrary to safety warnings and instructions” that state to buckle babies in with the harness and avoid putting other items in the sleeper.

However, marketing materials for the sleeper claim a “baby can sleep at a comfy incline all night long.” This claim is at odds with pediatricians’ recommendation that babies sleep on flat surfaces without restraints. Now, claims from the company’s marketing campaign are the subject of a lawsuit.

The parents of a 12-week-old girl who died last years after using the Rock ’n Play sleeper is suing Fisher-Price, Mattel, and Amazon. The lawsuit specifically cites that the company promoted “dangerous features as selling points” and also “determined that the most effective form of advertising for its baby-related products was through word-of-mouth and through ‘mommy bloggers.’”

Fisher price is also being accused of lobbying government officials to skirt regulations that would have prevented the product from being sold to the public. This same issue was taken up when Consumer Reports recently investigated the company, eventually prompting the recall.

Consult with a Defective Product Lawyer Today

At Fitzpatrick Santos Sousa Perugini P.C., we are committed to helping clients who have suffered losses due to defective or dangerous products . If you have been injured after using a product you purchased from a retailer, you should get in touch with our law firm to get the seasoned legal representation you need to secure the compensation you deserve.

Call us today at (203) 583-8299 to set up a free consultation with a Naugatuck personal injury attorney .

Workplace Deaths from Assault

Wed, 10 Apr 2019 20:55:27 GMT

Workplace Deaths from Assault

According to Injury Facts® , there were 18,400 injuries and 458 fatalities caused by workplace violence in 2017. Workers in healthcare, education, and other service providers are more likely to be assaulted than workers in other professions. For example, OSHA reports that taxi drivers are more than 20 times more likely to be murdered on the job than other workers. Even if you don’t work in an industry that sees frequent violence, it is important to remember that workplace violence can happen anywhere and at any time.

The National Institute for Occupational Safety and Health separates workplace violence into the following four categories:

Criminal Intent
Customer / Client
Worker-On-Worker
Personal Relationship

Active Shooter

The deadliest instances of workplace violence involve active shooters. According to the U.S. Department of Homeland Security , an active shooter situation involves someone "actively engaged in killing or attempting to kill people in a confined and populated area."

Because so much can happen during the chaotic minutes before police arrive at an active shooter scene, DHS advises workers to remain calm and do one of these three things:

Run
Hide
Fight

If you see an accessible escape route, immediately use it. If you can’t evacuate, find a hiding place where you won't be trapped. You should also lock and blockade the door, and make sure your phone is silent. If the shooter finds you, throw items or improvise weapons to fight back.

How Can Workplaces Address Violence?

Every workplace should have policies and emergency plans for workplace violence, including:

Employee training
Working with local law enforcement
Creating an emergency action plan
Zero-tolerance policies toward workplace violence

Have you been assaulted at work? Do you want to pursue compensation for your injury expenses ? Then call (203) 583-8299 to set up a free consultation with our legal team in Waterbury. We are here to assist you.

What Is Attorney-Client Privilege?

Mon, 25 Mar 2019 20:59:08 GMT

What Is Attorney-Client Privilege?

When you’re dealing with a legal matter, whether it’s the difficulty of a family law issue, an elder law or estate planning matter, or even a criminal law case, having an attorney you can openly and honestly discuss your issue with is vital. However, some of the information you may need to discuss with them is sensitive, embarrassing, or even potentially incriminating. How do you know that your attorney won’t in turn use that information to their advantage later, or worse, be found out and compelled to testify against you?

This is an extremely realistic worry for some people, but there’s good news if you’re among them: you have nothing to worry about. Attorneys and their clients are bound and protected by a rule known as “attorney-client privilege” which allows them to openly and honestly discuss important issues pertaining to their case, and have those discussions be protected from prying eyes and/or ears. In fact, attorney-client privilege is one of the single most important parts of our unbiased justice and court system, right up there with the presumption of innocence and standards of proof.

The Definition of Attorney-Client Privilege

What exactly is attorney-client privilege? The easiest definition is it’s a rule which protects all communication between attorneys and their clients. Attorneys are not allowed to disclose the contents of any of their conversations with their client, and are allowed to cite attorney-client privilege as the reason for refusing to disclose that information.

This protection extends far beyond the actual duration of a case as well—it continues beyond the case, beyond all statutes of limitation, and even after a client passes away. The only time attorney-client privilege can end is if the client themselves agrees to waive this privilege for some reason.

Finally, attorney-client privilege is even extended to those whom an attorney does not necessarily have a professional client relationship with. This means that even initial consultations are protected under attorney-client privilege. When you have an initial consultation with an attorney, they would like you to be honest with them, both so you can determine you’d like to work with them, and so they can determine if they would like to take your case.

What Is Protected?

This protection extends to any form of communication, with a few exceptions we’ll discuss in a little bit. This includes everything from one-on-one conversations in an attorney’s office to emails and written communications to phone calls and text messages. However, attorneys will almost always try to keep any privileged information limited to face-to-face discussions at all times, and through carefully-monitored phone calls at the absolute most.

Why is this? Because any communication which does not have a “reasonable expectation of privacy” is not granted protection under attorney-client privilege, and thus could be used against you in your case. For example, a face-to-face conversation in a crowded coffee shop could easily be overheard by someone sitting the next table over. While your attorney may not be able to testify against you, the other side of the courtroom absolutely could call the person sitting at that table to talk about what they overheard.

Likewise, not all forms of communication are as private as you might suspect them to be. This applies most heavily to social media, and is why your attorney will more than likely request that you deactivate your social media accounts until your case is complete. Even if your account is protected and you carefully choose those who can see your information, you never know whose prying eyes may be paying attention to what it is you’re saying.

What Is Not Protected?

There are two other types of communication which are explicitly not protected under attorney-client privilege. First, fraudulent acts against an attorney, or attempted fraud can (and most likely will) be disclosed in a court of law. For example, if a scammer sets up a scheme where they claim they are hurt and have the attorney wire money to their counterpart who is posing as a doctor, these interactions are not protected by attorney-client privilege.

Second, threats against someone else’s safety are also not protected by attorney-client privilege. For example, if someone tells their attorney they plan to frame their spouse for murder in an elaborate plot to try and win full custody of the children, then the attorney is liberty to report the threat and may even be compelled to in order to preserve the person’s safety. This is extraordinarily rare, but instances like this can happen.

Get help with your case from a qualified Waterbury attorney! Call Fitzpatrick Santos Sousa Perugini, P.C. by calling (203) 583-8299 today.

What is Eminent Domain?

Fri, 08 Mar 2019 21:02:53 GMT

What is Eminent Domain?

Public works projects are everywhere around us. In fact, you more than likely rely on them every single day in the form of roads and highways. However, this can also include things like parks, water storage facilities, and so much more. However, the thing is the government didn’t necessarily own the land that these projects are now built on to begin with—in fact, there’s a strong chance it didn’t, and the land had to be acquired in some way. The most common way the government acquires land for public projects? Eminent domain.

What Is Eminent Domain?

Eminent domain is the name given to the power that the government has to take private property from citizens and then covert it to public use. In other words, if the government establishes a public project, and they determine they need all or part of your land in order to complete it, they can declare your land to be eminent domain, and expropriate it. In Kelo v. City of New London, Connecticut, the Supreme Court held that any activity where the general public itself would enjoy the benefits of further development of the land qualified as “public use” that was acceptable for eminent domain.

However, the government can’t just do this at-will; such practice would almost certainly be abused, and our founding fathers saw to it that that wasn’t going to happen. Thanks to the Fifth Amendment, the government may only exercise the power of eminent domain over your land if they provide you with just compensation for the land it takes possession of. This methodology was confirmed through Kohl v. United States all the way back in 1875.

The Concept of “Just Compensation”

However, what constitutes “just compensation” isn’t always straightforward. According to the Fifth Amendment, this is supposed to be the “full value” of the property taken by the government, but many people have found that the government isn’t willing to give them nearly the same amount as their property may be valued at on the private market. As you might expect, this usually leads to a battle of appraisers, with both sides arguing the value of a property as defined by each state’s laws.

Inverse Condemnation

When the concept of eminent domain comes up, it’s usually accompanied by “inverse condemnation,” a similar and yet opposite principle. Whereas eminent domain is initiated by the government to take ownership of all or part of a piece of property, inverse condemnation is usually initiated by the property owner when the government expropriates land without following the proper procedures, or potentially damages the value of land through some sort of action. This is often called a “taking,” and there are a few common times where this could become an issue.

First, when the government places a restriction on how a piece of land can be used or developed, they are generally required to compensate the property owner. For example, if the government changes zoning laws to forbid a property owner from being able to improve on property they own in a way that they would like, then the government must compensate the property owner for the lost economic value that comes from not being able to make this improvement.

It can also come from a government entity or institution damaging or otherwise diminishing the value of a piece of property. For example, if a public works project like a dam or water containment building fails and causes tremendous flooding over a piece of land, permanently damaging the land and diminishing its value, then the property holder may initiate inverse condemnation for it.

Challenging Eminent Domain

As a property owner, you do have the ability to challenge eminent domain claims by the government, however it’s often difficult to repel the claim. Instead, you can challenge the value of the “just compensation” for the property, which is usually either accomplished through litigation or negotiation (and sometimes a little bit of both).

Talk to a Waterbury real estate attorney if you have additional questions about a matter of eminent domain. Call Fitzpatrick Santos Sousa Perugini, P.C. today at (203) 583-8299 and schedule your initial consultation.

What Is a Trust?

Mon, 18 Feb 2019 21:05:31 GMT

What Is a Trust?

When it comes to estate planning, avoiding the probate process is arguably the most important goal you have. Probate takes a long time, can cost thousands of dollars, and lead to a lot of stress for your loved ones who you wish to take care of. To do this, you have a number of estate planning tools that you can use to set up your estate to pass on to your loved ones how you would like, and do so legally.

Arguably the most versatile and useful type of tool is a trust . Trusts are an arrangement whereby someone who owns property, the grantor, gives control of the property over to a trustee, who manages it until it is to be passed on to the beneficiary. The terms whereby this management and passing of possession happens are all detailed as terms of the trust, and this gives them the ability to be passed on while avoiding the hassle of the probate process and even some estate taxes.

There’s a common misconception about trusts—many people think of “trust funds” or anything to do with trusts as something that’s reserved only for the wealthiest people. The truth of the matter is nearly anyone can benefit from creating a trust and using it to pass their possessions to their loved ones. While it’s true that some specific types of trusts are used by wealthy individuals in order to minimize the impact of the death tax, nearly everyone could use

Revocable vs. Irrevocable

There are two primary types of trusts: revocable living trusts and irrevocable living trusts. Revocable living trusts are arguably the most popular because they grant the strongest amount of flexibility. Revocable living trusts are set up by an individual during their lifetime, and can be changed, modified, or cancelled (revoked) at any time. This is because the person creating the trust can act as both the grantor and the trustee, giving them total control.

This type of trust is particularly useful for those who don’t own a large amount of wealth or assets, but are still seeking tax efficiency. Revocable living trusts are still considered to be a part of your taxable estate, and as such if you place too much in revocable living trusts, you could still find your estate subject to estate taxes. That being said, the 2019 estate tax exemption is $11.4 million per individual—way more than the average person owns. So as long as your total estate is valued below that amount, including the value stored in revocable living trusts, your loved ones won’t be subject to estate tax.

Irrevocable trusts are considerably different. While they are also created during someone’s lifetime, the grantor cannot also serve as the trustee—a trusted third party must be named for this role. Likewise, once the trust is created, it cannot be revoked or cancelled. In fact, about the only thing that can be changed is who the beneficiaries or trustees are.

More often than not, these trusts are created to help prepare for long-term care needs and preserve eligibility for things like Medicare or Medicaid, which have wealth or income-dependent qualifications. Likewise, they can also help with avoiding estate taxes—depending on how the trust was set up, it can be taxed as an entirely separate entity from your estate, thus helping you avoid estate taxes. However, the trust must be set up properly to do this.

Special Needs Trusts

Special needs trusts are a type of irrevocable trust designed to care for someone who will need long-term care. This is a tool often used by family members to set up a long term-financial support system for a child or other loved one who is disabled either physically or mentally. This way, once the grantor has passed on, their loved one will continue to get the care they need, either from a full-time nurse, continual medical treatments, or much more. And the best part: these funds will more than likely avoid the estate tax, ensuring that the person they’re intended for receives them in full.

Do you need help setting up a trust? Call Fitzpatrick Santos Sousa Perugini, PC at (203) 583-8299 and let our Connecticut estate planning lawyers ensure your future is set up to achieve your goals!

What Are Connecticut's Dram Shop Laws?

Thu, 07 Feb 2019 21:08:14 GMT

What Are Connecticut's Dram Shop Laws?

In normal cases, when one person injures another, the person who caused the injury is liable for the damages and losses that the injured person suffers. However, that’s not always the case—when alcohol is involved, the establishment who initially sold it to the intoxicated individual could also find themselves facing a lawsuit from the injured person. This statute is known as Connecticut’s “dram shop law” and is found in Connecticut General Statutes section 30-102. On this blog, we’ll explain exactly how this works in Connecticut and how you could use it to your advantage if you’re injured by an intoxicated individual.

How Connecticut’s Dram Shop Laws Work

To put it simple, our state’s dram shop laws state that a vendor who sells alcohol to someone, who then becomes intoxicated and goes and injures someone, that establishment could be liable for some of the damages and losses that occur as a result of that injury. The law makes no distinction or difference whether or not the intoxicated individual was under or over the age of 21.

An Example Case

Let’s take a look at a case where you might see these laws come in to play. Say a patron goes to a bar, where they consume several drinks. They remain on their best behavior the entire time, but after a while it becomes obvious to the bartender that they are having trouble keeping up with the sports on television, their speech is becoming slurred, and they stumble quite a lot when they get up to use the restroom. Nonetheless, the bar keeps serving them drinks. When the game finishes, the patron finishes their last drink, pays their tab, and leaves. They get into their car, drive off, and a mile later they fail to stop at a red light and crash into someone in an intersection.

In this instance, the bar which served the alcohol could find themselves in trouble. However, there’s a strong chance they may not be. Dram shop law in Connecticut requires there to be more than just mere negligence in order to be convicted—they must “recklessly” or “intentionally” continue to give someone alcohol in order for there to be a case. This is usually the sticking point, as proving recklessness or intention can be difficult. Thus, the driver injured in the accident with the bar patron may not be able to hold the bar responsible, unless they can prove that the bar was reckless in continuing to serve the patron who then injured them.

It’s also important to remember that this liability does not replace the liability of the intoxicated individual for their actions—if you cause injury to someone else while inebriated, you can and will likely be responsible for your actions. Those who have suffered this injury may simply have two different parties they can pursue in order to recover damages.

Social Host Laws

Often related to dram shop laws are “social host” laws, which essentially say that if you supply someone with alcohol and they then cause an injury to another person, you could be held liable for the damages they cause as you were the one who supplied them with that alcohol. However, Connecticut does not have social host laws. Therefore, you don’t have to worry about the actions of an intoxicated party guest coming back to haunt you should they injure someone else.

However, you aren’t necessarily free from legal consequences entirely. This is because Connecticut’s criminal laws make it a misdemeanor to provide alcohol to those under the age of 21 “knowingly, recklessly, or with criminal negligence.” Likewise, the law also requires social hosts to make “reasonable efforts” to prevent any minors from gaining access to alcohol while they are hosting a social gathering. Therefore, if you do supply a minor with alcohol, even if it wasn’t by your intention, and they do injure someone, you could face criminal consequences for providing it, even if you thought you had made reasonable efforts to prevent them from obtaining the alcohol.

If you have been injured as a result of the actions of an intoxicated individual, call Fitzpatrick Santos Sousa Perugini, PC at (203) 583-8299 and speak with one of our Waterbury personal injury attorneys today!

Why Was My CT Workers' Compensation Claim Denied?

Wed, 30 Jan 2019 21:11:21 GMT

Why Was My CT Workers' Compensation Claim Denied?

In the event of suffering an injury while performing job duties, Connecticut employees can recover workers’ compensation benefits to pay for medical expenses, lost income, disability, and even vocational training. Having these benefits help workers recover from injury, help them transition into another role in the company or another job entirely, or provide compensation for the rest of their lives.

Unfortunately, employers and insurance companies are only interested in protecting their own best interests rather than using company expenses to pay for your workplace injuries. It is not uncommon for them to deny workers’ comp benefits for injured employees--no matter how legitimate the claims actually are.

Common reasons why workers’ comp claims are denied include:

You failed to report the injury immediately - As soon as the injury occurs, you must report the incident to your employer, manager, or supervisor as soon as possible. The “Employer’s First Report of Occupational Injury or Illness”’ must be completed and a copy needs to be sent to your employer within seven days. In the eyes of your employer and its insurance provider, failure to report your injury on time could mean your injury wasn’t serious.
You didn’t seek immediate medical attention - Sometimes workers who suffer injuries attempt to “wait it out,” believing time will heal their wounds. However, they could discover that their injury is more serious as originally thought and end up visiting a doctor days or even weeks after the accident happened. If you failed to receive immediate medical treatment, you won’t have the supporting medical records to prove your claim. If you failed to obtain medical care in a timely manner, the insurance company could say your injuries weren’t as serious as you originally claimed.
Your employer disputes your claim - Your employer may claim that you weren’t working when you were injured. For example, if you suffered an injury during your commute either to or from work, your break, or your lunch, you are not eligible for workers’ compensation since the accident occurred when you are not performing work duties.
You were involved in misconduct - Whether you were under the influence of alcohol or drugs or your injury was the result of pranking or horseplay, your injury will not be covered if some form of misconduct was involved.
Your injury is from a pre-existing condition - If you suffered an injury or illness prior to working for your current employer and your job duties did not worsen the injury, it won’t be covered by workers’ compensation benefits.

Just because your workers’ compensation claim was initially denied doesn’t mean you can still try to obtain benefits. The denial letter typically includes the main reason why your claim was rejected. If it’s due to a paperwork error, contact the claims adjuster to determine if you can resolve the issue. But if it’s something more, you need to hire an experienced workers’ comp attorney to help you file an appeal.

For more information about workers’ compensation in Connecticut, contact our Waterbury workers’ comp lawyers at Fitzpatrick Santos Sousa Perugini P.C. and schedule a free consultation today.

What is a Construction Defect?

Sun, 27 Jan 2019 21:13:25 GMT

What is a Construction Defect?

A house is typically the most valuable financial and emotional investment in a person’s life. Not only is it a place to live comfortably, but it is also where families are raised, gatherings with loved ones are held, and memories are made.

However, many unsuspecting homeowners learn sooner or later that their new homes suffer from one or more construction defects, resulting in thousands of dollars in repair costs and loss of real estate value. On other occasions, homeowners and their families are forced to move.

Common types of construction defects involve the following factors:

Structural failure
Water damage or leakage
Inadequate drainage
Mold growth
Dry rot
Soil and landscaping issues
Faulty electrical systems

A construction defect is generally caused by one or a combination of several circumstances such as the use of defective or inferior materials, poor workmanship, negligent construction, improper site selection, and inadequate soil analysis. The potentially liable parties include property developers, general contractors, subcontractors, designers, architects, and manufacturers of the construction material.

Over the last decade, residential construction has significantly increased to fulfill the high housing demand. Unfortunately, the rise in quantity has led to a decrease in quality since the mass production of homes were handled by many inexperienced general contractors. To get the job done fast, many builders take shortcuts or employ unskilled subcontractors. On the other hand, government inspection departments lack the funding to properly inspect homes, thus approving mediocre construction.

Some defects--known as patent defects--are easily detectable, while others--referred to as latent defects--are less obvious and only become visible years since the home was constructed. Construction defect claims in Connecticut are based on negligence, strict liability, breach of contract, breach of warranty, or even fraud or misrepresentation.

In order to succeed in a construction defect litigation claim, not only must you hire experienced legal representation, but also seek professional assistance from construction experts to provide testimony which supports your case. Your attorney can handle all of the paperwork and protect your rights and best interests through the legal process, while the experts investigate the defect to determine the source and the remedy to repair the defects.

The damages available in a construction defect litigation claim include:

Repair costs
The difference in the decline of value
Loss of the use of the property while repairs were made
Temporary housing costs
Personal injury if the defect caused physical harm
Attorney fees

When you file a construction defect claim, your damages are covered by the insurance company which was in effect once the damage was initially discovered.

For more information about construction defects in Connecticut, contact our Waterbury real estate attorneys at Fitzpatrick Santos Sousa Perugini P.C. today.

Understanding the Essential Documents in Your Estate Plan

Mon, 24 Dec 2018 21:19:48 GMT

Understanding the Essential Documents in Your Estate Plan

A comprehensive estate plan is comprised of several important legal documents that work together to protect your interests and end-of-life choices. Each document serves a specific purpose, and is intended to reflect your current personal, medical, and financial circumstances. For this reason, it’s important to update your estate plan every few years or after a significant life event. After all, a person’s lifestyle and standard of living naturally changes over the years, especially after retirement.

You need to draft or update your estate plan so that it accurately dictates:

Your chosen agents and beneficiaries
Your healthcare choices in the event of a medical emergency
How you want your assets and property distributed upon your death
Who has the authority to manage your finances if you’re incapacitated
Which designated guardian will care for your minor children or special needs relatives
Who is allowed to make medical care decisions on your behalf

The documents in your estate plan serve as legal directives for your beneficiaries, agents, and the court assigned to manage your estate. They also protect your family from various legal complications that typically shadow a loved one’s passing. For example, updated trust documents can safeguard your assets from being greatly impacted by state, federal, and estate taxes. Plus, your estate plan can expedite the probate process and promptly distribute your remaining assets and properties to your chosen beneficiaries.

Your Estate Plan

At Fitzpatrick Santos Sousa Perugini P.C., we understand the importance of estate planning. Our goal is to ensure that our clients walk out of our office feeling confident in their choices and prepared for the future.

Last Will and Testament

Your will may be the most important document in your estate plan, but it can’t work alone to protect your interests. However, it’s still an essential document because it guarantees that your personal wishes are upheld upon your death.

A will serves the following functions:

It designates your beneficiaries
It dictates how you want your assets to be distributed
It establishes an executor to manage your legal affairs
It names a guardian for your minor children

Trust Documents

Trusts can effectively protect your assets, interests, and beneficiaries from the probate process. There are different types of trusts that you can choose depending on your specific needs and financial circumstances. In fact, most people have multiple trust options included in their estate plans. The most common trusts are revocable and irrevocable living trusts, which allow you to relinquish ownership of your assets in order to protect them from probate court, taxes, and lawsuits.

Trusts provide the following benefits:

Your family can expedite the probate process
The impact of state, federal, and estate taxes is minimized
Assets can be transferred to your beneficiaries almost immediately after your passing
Saves your family expensive legal fees
You remain the controlling trustee
Your assets can be distributed at once or over a period of time
You can continue building wealth by investing your assets

Advanced Healthcare Directive

An advanced healthcare directive specifies your personal wishes in the event of a medical emergency or your sudden incapacitation. Your family members and medical care providers are legally responsible for respecting the terms listed in this legal document, including your treatment preferences and your end-of-life decisions.

Durable Power of Attorney for Healthcare

A durable power of attorney for healthcare authorizes an agent to make healthcare decisions on your behalf. Of course, this agent needs to be abide by the directions stated in your advanced healthcare directive.

A durable power of attorney for healthcare grants an agent the authority to:

Approve medication and treatment options

Discuss your medical condition with your doctor

Access and review your medical records

Admit or discharge you from your nursing home or hospital

Durable Power of Attorney for Finances

A durable power of attorney for finances authorizes an agent to handle your financial affairs during a medical emergency. For example, if you’re incapacitated or hospitalized, your agent can pay for your medical expenses and manage your accounts until you’re well again.

A durable power of attorney for finances grants an agent the authority to:

Access and manage your financial accounts
Pay your monthly bills and taxes
Handle your medical expenses

Develop or Update Your Estate Plan Today

At Fitzpatrick Santos Sousa Perugini P.C., our Waterbury estate planning lawyers can help you design a comprehensive estate plan that meets your personal and legal objectives. Our legal team has been helping the residents of Connecticut with their estate planning needs for over 35 years. We stay updated on fluctuating state and federal laws to ensure that we are always prepared to effectively handle any legal issue our clients may face. In the future, you can also rely on our attorneys to thoroughly review and update your estate plan to account for any necessary changes you wish to make.

Contact Fitzpatrick Santos Sousa Perugini P.C. at (203) 583-8299 to schedule a free consultation.

Pursuing a Wrongful Death Lawsuit in Connecticut

Thu, 06 Dec 2018 21:22:51 GMT

Pursuing a Wrongful Death Lawsuit in Connecticut

If your family member passed away due to the negligent actions of a person, corporation, or government entity, you may be able to recover damages by pursuing a wrongful death lawsuit. In Connecticut, a wrongful death claim can only be filed by an executor who is acting on behalf of the decedent’s estate. If necessary, the court can appoint an executor if one isn’t already listed in the decedent’s will.

Do I Have Grounds for a Wrongful Death Lawsuit?

There are many legal nuances associated with wrongful death claims, so it’s important to review your case with a qualified attorney before taking legal action. However, you may have grounds to file a claim if your loved one’s hypothetical survival could have led to a personal injury lawsuit. An experienced attorney can meticulously research the case, interview witnesses, and consult with medical experts to prove the negligent party is responsible for your family member’s death.

Recovering Damages

If your lawsuit is successful, the damages will be paid to your loved one’s estate and then distributed according to their will. If your family member didn’t complete an estate plan before passing away, the damages will be distributed per the intestacy laws of Connecticut.

The estate can recover the following economic and non-economic damages:

Funeral and burial costs
Medical bills
Nursing services
Loss of consortium
Pain and suffering
Lost earning capacity

According to Section 14-295 of the Connecticut General Statutes, additional damages can be awarded in a wrongful death case if a driver’s “reckless disregard” for traffic laws played a role in your loved one’s death.

The Statute of Limitations

Per the statute of limitations in Connecticut, executors only have 2 years to file wrongful death claims against any negligent parties. If you fail to file your claim within this time period, the court can legally refuse to hear your case. Also, the defendant’s legal team may use the terms set by the statute of limitations to dismiss your case or limit your potential damages.

Of course, there are exceptions to this law, so it’s important to discuss your specific circumstances with a wrongful death lawyer.

Schedule a Consultation with an Experienced Wrongful Death Lawyer

It’s not unusual for grieving families to face countless personal, legal, and financial obstacles after the death of a cherished loved one. At Fitzpatrick Santos Sousa Perugini P.C., we can help you file a wrongful death claim that yields compensation and provides you with a necessary sense of closure. Our compassionate Waterbury wrongful death attorneys have been providing legal services to the residents of Connecticut for over 35 years. We have the skills, experience, and resources to handle every detail of your case so that you can focus on grieving and spending time with your family.

Contact Fitzpatrick Santos Sousa Perugini P.C. at (203) 583-8299 to schedule a free consultation.

Four Things You Need to Know About Private Mortgage Insurance

Thu, 22 Nov 2018 21:26:12 GMT

Four Things You Need to Know About Private Mortgage Insurance

Buying a home can be one of the most rewarding lifelong goals you can ever achieve, but with home prices surging across the country, it may seem further and further out of reach for many people. This is because the typical 20% down payment is just too much for many young and first-time homebuyers to handle. And it’s easy to see why: with living costs also rising, finding $60,000 to put down on a $300,000 home is just too much for most young home buyers and those with tighter budgets to deal with.

Today, there’s a solution for this issue—buying private mortgage insurance, or PMI, as a part of your loan. Private mortgage insurance (or PMI for short) can help you buy a home sooner, but with a few added stipulations and caveats. Here are four things you need to know about PMI before signing on to a mortgage which requires it.

PMI Protects Your Lender, Not You

First, and this is important, PMI is not intended to protect you. You might have to pay the premium, but you are not the benefactor if for some reason it needs to come into play. Instead, your lender is the one who is covered under the PMI policy. Essentially, PMI is offered by financial insurance institutions to protect your lender in the event you default on your loan. Your lender then passes this cost on to you, either up front with closing costs or over the course of several years in the form of an added cost in your mortgage payment. You are required to purchase PMI for the duration of the time in which you do not have at least 20 percent equity in your home.

Now, not all loans that fall below the 80/20 ratio will require PMI—some lenders will forego making you pay for PMI in exchange for implementing a higher interest rate. Some publically-funded loans like FHA loans also don’t require PMI and can have down payment requirements as low as three percent. However, in any instance, it’s a strong bet that the cost of your mortgage insurance is going to be passed to you somehow.

PMI Is Not Life Insurance

Mortgage life insurance is a special type of coverage which pays off the balance of your mortgage in the event you pass away. In essence, this is a way you can protect your heirs from being straddled with the remainder of your mortgage should a tragedy occur. PMI is entirely different from this—as we stated earlier, PMI is not designed to protect you, just your lender in the event you default on your loan and the lender stands to lose a substantial amount of money.

You will not have to pay PMI for the entire duration of a 30 year mortgage. In fact, odds are you’re probably won’t even have to pay it for all that long. Once your loan reaches a debt/equity ratio of less than 80 percent (in other words, you have more than 20 percent equity on your home) you can send your lender a request to cancel your PMI, which should shave a substantial amount off your monthly mortgage payment.

It doesn’t really matter how you get to this point, either. Those who want to keep their extra expenditures as low as possible on their mortgage may want to consider making higher-than-necessary payments on their home for the next several years in order to build up equity faster. Once your equity level reaches 20 percent, you can cancel your PMI. Some buyers do this in as little as a couple years to even just a few months, depending on how much they’re capable of putting down initially.

PMI Is Not Permanent

PMI Is Not a Bad Thing

For those thinking you want to avoid PMI at all costs, it’s worth noting that PMI isn’t a bad thing. In fact, PMI has allowed for many home buyers who have the budget to be able to afford a home but simply lack the resources for a down payment to be able to buy the home of their dreams after all. As long as you’re aware of what you’re getting into and how much house you can truly afford (with your PMI included), then PMI may be the key to buying a home you may never have thought you could afford.

If you need assistance with a PMI-related matter, trust the Waterbury attorneys from Fitzpatrick Santos Sousa Perugini, P.C. to provide you with reputable counsel. Call us at (203) 583-8299 to request a consultation.

Four Tips for a Successful Workers' Comp Claim

Wed, 07 Nov 2018 21:28:52 GMT

Four Tips for a Successful Workers' Comp Claim

When you’re injured on the job, worker’s compensation can provide you with benefits you need to recover and even live your life comfortably if you’re unable to return to work at full capacity. However, these cases can be complex, and it’s not uncommon for their difficulty to make the process tedious and confusing, especially for those who have never had to deal with it before. Fortunately, having good representation on your side and following a few simple tips can make your case smoother and more likely to be successful right from the start.

Our blog takes a look at four of these important tips and explains how each of them will work toward helping you get the case result you’ve been looking for.

Report Your Injury Immediately

The first step in any worker’s compensation case is to report your injury to your employer. If you never report your injury, you can’t file a worker’s compensation case. Simple as that. The longer you wait to notify your employer of your injury, the easier and more likely it will become that they choose to contest your injury claim on the basis that your injury could have been caused by your actions outside of work. You have up to a year to file your workers’ compensation claim (or up to three years of the first appearance of a symptom of your injury) but the sooner you notify your employer of accident, the better your case will be.

See a Doctor Immediately

One of the worst things you could do after being involved in an accident in the workplace is to wait to go see a doctor in the event that your injury “isn’t that serious.” Far too many people have delayed seeking medical attention for anywhere from a few days to a few weeks, only to realize that their condition worsened and they were in much worse shape than they initially anticipated. Of course, by this point your employer can argue that the injury you sustained may have been aggravated by something you did outside of work and they’ll deny your claim. Therefore, if you’ve been involved in an accident where you may have sustained an injury, see a doctor immediately.

You may not be able to see your own doctor initially, either. Employers vary based on their workers’ compensation insurance, but some have a designated list of medical professionals from which you must choose one to see for your first evaluation. After this principal evaluation, you have the right to see any doctor of your own choosing, but make sure that you don’t skip this important step.

The best thing you could have to ensure your case goes smoothly is evidence. While tracking your healing is the primary evidence in one of these cases, you’ll also want to make sure you have complete records of your own to support your claims. If you visit the doctor, make sure you keep a copy of the visit, as well as any treatment they provide. If you speak with someone at the workers’ compensation insurance company about your condition, note who you spoke to, what time the call occurred, and what was discussed. If you send any records to anyone, note when, where you send them, and what you send. Keep receipts for expenditures that relate to your case, such as travel expenses to get to and from your doctor appointments. It may be a monster of an organization job, but making the effort could mean you have the evidence to support a critical part of your claim.

Keep Detailed Records

Beware Surveillance & Private Investigators

It may seem like something straight out of a spy movie, but if your employer or their insurance company think you may be lying about your case in any way, they will hire a private investigator or surveillance to keep an eye on you. They can’t record you in your own home, of course, but they can legally surveil you while you’re in a public area, as the reasonable expectation of privacy disappears. They can even track your social media usage as well. If they find any evidence that your injury may not be as severe as you thought, they’ll report it to your employer and there’s a good chance your claim will be terminated and you may even face consequences for workers’ compensation insurance fraud. It’s important to make sure you remain on your best behavior while dealing with a workers’ compensation claim.

For assistance with your workers’ compensation claim, call Fitzpatrick Santos Sousa Perugini P.C. at (203) 583-8299 today.

How Hiring a Plumber Could Put You at Risk For a Lawsuit

Tue, 30 Oct 2018 21:31:03 GMT

How Hiring a Plumber Could Put You at Risk For a Lawsuit

Home service technicians are the workers who make it possible to live comfortably in a civilized society. Without their help, plumbing problems, electrical problems, heating and cooling issues, and so much more would be difficult to resolve and potentially risk seriously damaging your home or even jeopardizing your health.

However, there’s a downside to hiring one of these professionals. As invited visitors to your property, you’re required to guarantee their safety and freedom from potential hazards that could cause them harm. As a result, any flaws in your property that can cause them to become injured, regardless of whether or not you know about them or their severity, could leave you exposed to a premises liability lawsuit, and thus the damages for the injuries they suffer.

Here are a few examples of injuries you could be liable for:

A roofer walks onto your roof to conduct an inspection, unaware of a major weak point that’s suffered catastrophic damage and rot from years of rain and sun exposure. When they step on this point, the roof gives out and they fall into your attic, getting injured.
An electrician turns off the labeled circuit breaker to inspect one of your electric sockets, but the label on the circuit breaker is incorrect and they suffer a serious shock when they begin to probe the wires connected to your sockets.
A landscaper comes to your property to take care of your grass, but doesn’t see a giant tree root sticking up from your lawn, causing them to trip, fall hard, and become injured.
A home inspector is investigating your property and fails to notice a gopher hole in your lawn. They step into it, trip and fall, and break their ankle in the process.

As you can see, there are plenty of different ways a home service technician could become injured, and by no fault of their own. In fact, it’s not even really your fault either—you don’t know the problem is there, so how could you prepare for it? According to the law, however, your home and your property is your responsibility. That means even if you didn’t know a hazard was present, you are liable if it causes an injury to someone else.

Insurance Against Injury

So how can you protect yourself from this liability? Simple: do your research when choosing a technician to come to your home. Reputable technicians will have a number of professional licenses as well as an insurance policy . These insurance policies are usually offered by the company themselves as protection for their workers, ensuring that should anything happen, they take care of their people. These actually work for all parties: the worker can have confidence of knowing they’re covered if they get hurt, you’re protected from a potentially devastating premises liability lawsuit, and the company knows that their workers will get the treatment they need should they become injured. Everybody wins.

So when it comes to choosing a home services company for your home, make sure to ask them if they’re insured before welcoming them into your home—you’ll be glad you did in the event a sudden, freak accident results in their getting hurt.

If you’ve been hurt while on someone else’s property, call the Waterbury personal injury attorneys at Fitzpatrick Santos Sousa Perugini, P.C. at (203) 583-8299 to request a case evaluation today.

What is a Bellwether Trial?

Thu, 04 Oct 2018 21:33:06 GMT

What is a Bellwether Trial?

Have you suffered a serious injury from something like a defective product? If so, you’re probably not alone. In fact, thousands of people may have suffered similar consequences from something like a dangerous drug, defective automobile, and much more. When this is the case, you may be considering filing a defective product lawsuit, but the sheer volume of the number of these lawsuits can be immensely difficult for the civil court system to handle.

When an abundance of similar lawsuits against a common defendant or group of defendants exist, your case may be affected by what are known as “bellwether trials.” To put it simple, all bellwether trial is a “representative sample” from which the findings will be used in all of the other trials in the larger group. These are particularly common in “multidistrict litigations” or MDLs, which are cases with similar facts and circumstances that are scheduled to be trialed in different court districts around the country. Bellwether trials are a way that these massive suits by establishing some common facts and findings that will be utilized across all of these trials in the various districts across the country.

By utilizing bellwether trials, certain facts and evidence will be established, expert witness testimony will be entered, and a number of key components regarding all of these cases will be discussed and litigated. The findings from these cases are then sent to these individual districts in order to speed up the process and get a faster resolution for each of them.

What Bellwether Trials Don’t Do

It’s important to note that bellwether trials don’t do a number of things. First, they don’t guarantee that you will win your injury case. The only thing they do is establish evidence and arguments as well as how they are decided in court. You’ll still have to demonstrate that you have a valid case. Likewise, if you wish to utilize the findings of these bellwether trials, you’ll have to show how your case is similar and how you’ve had many of the same “questions of facts” that were litigated during the bellwether trials.

Second, bellwether trials are not tried to conclusion. They are merely litigated to the point where arguments from both sides have been entered and litigated in court. Bellwether judges do not adjudicate on these cases. In order for bellwether cases to receive a verdict, they must go back to their district courts. Thus, the outcome of these cases doesn’t necessarily indicate the outcome of your case in any way, although it could provide you with some important indications about what you can expect.

Finally, bellwether trials are meant to represent a broad range of the cases involved in the multi-district litigation, but it’s impossible for one to completely cover all of the unique and intricate details of your own injury claim. While the findings in bellwether trials may play a crucial role in your case and provide a proven, established framework that you and your attorney can build your arguments on, there will still be smaller details that you’ll need to argue and support with evidence. This is why it’s so important to have representation and legal counsel throughout the process.

If you’ve been injured by a defective product and your case will be impacted by bellwether trials, contact our Waterbury personal injury attorneys at Fitzpatrick Santos Sousa Perugini, P.C. today!

Types of Evidence Used in Slip & Fall Cases

Tue, 02 Oct 2018 21:12:52 GMT

Types of Evidence Used in Slip & Fall Cases

What Type of Evidence Do I Need?

Proving a slip and fall case requires you to prove that the property owner knew or should have known about the safety hazard that caused your injury. You will also have to prove that the property owner didn’t take the necessary measures to fix the dangerous conditions on their premises.

The following types of evidence are crucial if you want to win a slip and fall case:

Pictures of the Accident Scene: You should photograph the location of your injury . If you are severely injured, ask a witness to take pictures of the scene and hazards that contributed to the accident. Take clear photos and try to capture multiple angles of the injury and location.

Eye Witness Testimony: Get a statement from anyone who saw your slip and fall accident so that they can independently corroborate the circumstances of your injury. A person’s memory fades quickly, so get your witness statements as soon as possible.

Local & National Building Codes: You will need to look up building code violations that may have been violated to prove that the property owner failed to meet the minimum safety requirements.

The more evidence you have to build your claim, the easier it will be to devise a strong legal strategy that will allow you to recover the maximum amount of compensation you are entitled to.

Have you been injured in a slip and fall accident? If so, you should get in touch with our lawyers at Fitzpatrick Santos Sousa Perugini P.C. to discuss your case. Call (203) 583-8299 to request your consultation .

Serious injuries caused by slip and fall accidents are often caused by hazardous objects that have been neglected at businesses and other public spaces. If you have sustained a slip and fall injury and want to collect the compensation you are entitled to, you will need to gather certain types of evidence to build your case. Without the right evidence, you won’t be able to recover the funds you need to cover your medical expenses and other accident damages.

Five Common Title Problems in Your Real Estate Sale

Wed, 26 Sep 2018 21:36:06 GMT

Five Common Title Problems in Your Real Estate Sale

If you’re considering selling a piece of property or buying a new home, one of the first steps to the process is to have the title history investigated to make sure there are no outstanding liens or other claims to the property which can otherwise hinder the sale. Ideally, the title will be completely clear of third-party claims and indicate that the person who’s selling the property is in fact the uncontested owner. However, this isn’t always the case and title checks don’t always come up empty.

Here are five common title problems that could potentially come up in your search and seriously complicate the sale.

Public Record Errors

The first place that many title investigations will begin is in public record. The title history for each piece of property will be included in public record, including everything from how many times it has been sold to how many times it has been listed and the listing price each time. However, public records are kept by humans, which means they are prone to errors or mistakes. And even though there has never been a mistake in the past, there’s a strong possibility that one could have found its way in since your title was last checked. Resolving them can take a lot of time and even cost you a pretty penny if you try to tackle the issue on your own.

Unknown Liens

Do you know how good the previous owners of your property were at paying bills? You probably don’t, and the truth is if they weren’t all that good at making sure all their accounts were up to date, there could be a few unknown liens on your property. A delinquent account can’t necessarily stop the sale of a property, however an account that remains delinquent after the sale has closed could prompt the creditor to take action against the borrower, including putting a lien on their property… which they just sold to you. Lo and behold, you have a lien on your property for a debt that isn’t even yours.

Forgeries

Honesty is becoming a dying virtue these days it seems, and it’s not unheard of for scammers or thieves to try and weasel their way into an ownership claim on a piece of property by filing falsified or forged documents with local record clerks. This obscures rightful ownership to the piece of property, which jeopardizes your ability to sell and could even cause you to lose control of your property.

Undiscovered Wills

If a property owner dies and doesn’t appear to have a will, the state may choose to sell off their estate and pass the assets to the next of kin through the probate process. However, just because there was no apparent will at the time of the probate process doesn’t mean that there wasn’t one at all. Years later, a will can come to light and indicate who the deceased wish to pass ownership of the property on to. Even though you purchased the property normally at the time, this could lead to a complicated ownership claim that makes the sale of a property difficult.

False Impersonation

If you have a common name like “John Smith,” you have the unfortunate quality of being particularly easy to impersonate. Crafty scammers will often use those with similar names to try and sell a piece of property they don’t actually own. By posing as the property’s owner, they list the property, run a title check that clears because their name matches up, and then take off with the proceeds never to be heard from again. Only now your property has a different claim of ownership on it, and proving that it wasn’t actually you who sold the property can be immensely difficult.

Clear Your Title; Contact an Attorney

So how can you protect your property’s title from any of these errors or potential flaws that can jeopardize your sale? The best way to fight back is by having a skilled Waterbury real estate attorney handle your case. A good attorney will be able to dig through the records, spot the inconsistencies, and work to rectify them in order to clear your title of errors and enable you to guarantee your right to ownership.

Request a case evaluation by calling Fitzpatrick Santos Sousa Perugini P.C. today at (203) 583-8299!

Am I a Victim of Insurance Bad Faith?

Mon, 27 Aug 2018 21:43:22 GMT

Am I a Victim of Insurance Bad Faith?

Insurance companies are governed by a massive number of laws and codes that regulate how they should act and what they’re required to do. One of these requirements is to act in good faith, which essentially means to follow through on their promises as a policy distributor quickly and in the best interests of their policyholder. However, because insurance companies are in business to make money and paying out more money means reduced profit margins, they don’t always stick to this requirement.

Insurance bad faith is a serious problem in which companies choose to act in their own interests first at the expense of claimants to whom they have a financial responsibility. In a sense, this can be boiled down to actions or underhanded tactics that these companies employ to try and convince claimants and those whom they are financially liable for to accept lower settlements or even give up on their claim completely.

As someone depending on your claim for compensation after suffering significant damages, bad faith tactics can be devastating and cost you thousands of dollars or more out of your pocket. And to make matters worse, any type of insurance can be guilty of bad faith—homeowners, auto, injury, business, and much more!

Signs of Insurance Bad Faith

In order to take action against an insurance company acting in bad faith, it’s important that you have an experienced Waterbury attorney on your side who can fight for you and your rights. Insurance companies face serious consequences if they’re found guilty of acting in bad faith, and many will quickly abandon these tactics if they find out you’re working with legal counsel who is familiar with pursuing insurance bad faith cases.

But the bigger question is: when do you know you need an attorney? Here are four common signs of insurance bad faith that may indicate that you should speak with a legal representative about your case as soon as possible.

Unnecessary Paperwork Requests
Does it feel like the fourth or fifth time that you’ve had to fill out this same form and submit it to a different person (or perhaps even the same person)? This probably isn’t your insurance company being irresponsible—it’s more than likely a sign of bad faith on the part of the insurance company. Paperwork is a normal part of a claim, but excessive or unnecessary amounts of it is an unethical or underhanded tactic that companies sometimes employ to try and wear down claimants in hopes of getting them to accept a reduced settlement or even just give up on their claim.

Slow/Lack of Response
Does it seem to be excessively difficult to try and track down anyone who works at the insurance company you’re dealing with? Has the adjuster in charge of your claim seemingly vanished from the planet? Are you getting nothing but hollow promises of a call back that never seem to fulfil? This is also an attempt to try and make claimants become impatient about their claim and hopefully accept a reduced settlement just to get it over with.

Lowball Settlement Offers
After waiting and waiting you finally receive a settlement offer from your insurance company, only it’s lower than you initially had anticipated. Much lower. In fact, it’s barely enough to cover the cost of your time you’ve missed from work, let alone your medical bills after an injury or the lost income your business missed out on while waiting for facility repairs to complete. This is not a mistake by your insurance company. Lowball offers open negotiations about your claim with the insurance company on the front foot. Even though the claim will go up in value from there, the doubt that a lowball offer plants in your mind often has many people thinking their claim is worth way less than they thought and they take a much smaller final value than your claim is really worth.

Refusal to Pay
Finally, after a long investigation and negotiation process, you’ve come to an agreement and you’re simply waiting on the settlement check to arrive. Yet you’re stuck waiting. And waiting. And waiting. Even after you’ve agreed to a settlement, your insurance company may still refuse to cut you a check in hopes of lowering your settlement even further. This is a highly unethical way of trying to reduce expenses and keep profit margins higher.

If you think your claim is being mishandled and you might be the victim of insurance bad faith, speak with a skilled Waterbury attorney from Fitzpatrick Mariano Santos Sousa, P.C. by dialing (203) 583-8299.

What Is a Repetitive Stress Injury?

Fri, 10 Aug 2018 10:07:58 GMT

What Is a Repetitive Stress Injury?

Have you ever noticed that after a long day of swinging a hammer or pickaxe that your back and arms start to hurt? These are injuries caused by repeated stress. However, you don’t have to do back-breaking work in order to cause a stress injury. In fact over time even small and seemingly innocuous motions can build up and create serious wear and tear on the body, resulting in tremendous pain. These types of injuries are called “repetitive stress injuries” and may take months or years to recover from if someone is even able to recover at all. However, they’re also some of the hardest to diagnose and some of the toughest cases to win.

On our blog, we’ll discuss repetitive stress injuries in greater detail, including some of the difficulties that must be overcome and your rights when you’ve suffered one of these types of injuries on the job.

Common Repetitive Motion Disorders

Also called Repetitive Motion Disorders, or RMDs for short, a repetitive stress injury is a muscular condition caused by too many uninterrupted or repeated motions performed over normal daily or work activities. Most of the time, RMDs occur in upper body areas, including the back, neck, wrists, elbows, shoulders, hands, or even fingers, but can also occur in knees, ankles, feet, hips, and much more. While many people think of things like a bad back from constantly lifting heavy objects, even people who work in “safe” environments are subject to these injuries.

Common RMDs can include things like carpal tunnel syndrome, bursitis, tendonitis, ganglion cysts, and even trigger finger. However, just about any condition that affects soft tissues in the body like muscles, nerves, tendons, or ligaments can be considered a repetitive stress injury.

These conditions are particularly debilitating because of the immense amount of pain they can put someone in. What was once a simple, painless motion that someone never once thought about, now suddenly is the source of immense discomfort.

Repetitive Stress Injury Treatment

Treating repetitive stress injuries is much like how one is acquired: a long and continual process, usually requiring an extended period of rest and relaxation to allow the tissue to recover and return to its normal state. However, in extreme conditions some extensive treatment including surgery, cortisone injections, and more. In most cases, repetitive stress doesn’t lead to permanent damage. However, in extreme cases, continual repetitive injuries can result in life-altering injuries.

Repetitive stress injuries are some of the most difficult cases to win because people who suffer from them often don’t know exactly when they started feeling the effects. These are rarely rapid-onset injuries, and they aren’t the result of an accident that can be identified and an exact time and date—most of the time those who suffer from them don’t get treatment for them until the pain gets so bad they can’t stand it anymore. In many cases, the condition started with a mild discomfort that the person suffering merely shrugged off.

All this means it’s difficult to prove when someone contracted their condition, and this makes it somewhat difficult to prove that the condition was contracted as a result of daily duties. As Waterbury workers’ compensation attorneys, we continually have to fight an uphill battle to present evidence to support our clients and their claims. These conditions are eligible for workers’ compensation benefits, but many companies often push back, claiming that the condition could come from nearly anything, including activities outside of work.

If you’re suffering from a repetitive stress injury that you’ve sustained as a result of your working conditions or daily duties, contact Fitzpatrick Santos Sousa Perugini, P.C. today at (203) 583-8299 to request a case evaluation.

Difficulties in RMD Cases

Do Speed Limits Actually Keep Us Safer?

Tue, 17 Jul 2018 10:11:14 GMT

Do Speed Limits Actually Keep Us Safer?

It seems like a headline we see all too often: a motorist was killed as result of a high-speed crash while flying down the road at insane speeds. It’s incidents like this that bring law enforcement, politicians, community safety groups, and car insurance companies out to all say the same message: speed kills. They also use this as justification for speed limits on our local roads, slowing drivers down at the risk of an expensive traffic ticket.

However, several studies have shown that speed limits may not actually be keeping us safer in some instances. On this blog, we’ll take a look at how they’re actually increasing the risk of an accident in some situations.

Drivers Choose a Safe Speed

Have you ever noticed that you’re driving along the road and the flow of traffic is doing a speed that’s five, ten, or even 15 to 20 miles per hour faster than the posted speed limit? This is actually a fairly common phenomenon, and it’s demonstrated by what’s known as the “Solomon Curve.” The Solomon curve essentially states that the overwhelming majority of drivers will choose a speed that’s safe and appropriate for the conditions of a given road, regardless of what the posted speed limit is.

For example, drivers in a school zone or commercial business district with a lot of crosswalks, busy sidewalks, and cars parked along the side of the road will usually choose a speed of around 25 to 35 miles per hour: the safest they can navigate on a road of that type. However, on a multi-lane divided highway with no traffic signals or stop signs, such as a freeway, drivers will usually choose speeds around 70 to 75 miles per hour.

Speed Limits & The Solomon Curve

The Solomon Curve indicates that the speed that approximately 85 percent of drivers choose is safe and appropriate, and presents the least chance of an accident. However, there are lots of times when the posted speed limit is actually below the Solomon Curve sweet-spot. When this is the case, there will always be a percentage of drivers who try to be good sports about the law and follow it (as we said, speeding tickets are expensive, as is car insurance). However, when these people are driving five, ten or even 15+ miles per hour slower than the flow of traffic, they become a serious safety risk to those around them.

Look at it this way: you’re cruising down a wide-open multi-lane divided highway at a comfortable speed of 65 miles per hour. The majority of cars around you are doing roughly the same speed, with about a two or three mile per hour difference. However, the posted speed limit is just 50 miles per hour, and you come up to a car who is doing 45 to stay safely under the limit. At this point, not only do you have to slam on your brakes to avoid hitting that driver, but then you have to worry about changing lanes to get around them. This immediately becomes an extremely dangerous situation: not only do you have to worry about other drivers behind you having to slow down to avoid hitting you, but you also need to figure out how to safely change lanes to get around them. When you have a difference of 20 miles per hour between yourself and the rest of the flow of traffic, that becomes an immensely dangerous maneuver that requires several hundred feet of space between you and the next driver back.

If the road is busy, you may not necessarily get the perfect opportunity, so you’ll try to jump in where you can and jam on the gas to try and get up to speed again quickly, but by that point the driver behind you may have to slow down, causing the drivers behind them to have to pay attention and slow down, and thus, you get a domino effect of accident risk behind you, all because of one driver going way slower than the flow of traffic.

Several studies have shown that increasing speed limits on these roads will not only encourage people to drive safer, but even decrease accident risks. A study conducted in 1997, known as the “Parker” study , chose 100 sites across the country and either raised or lowered the speed limit slightly and calculated the effects the changes had on accident rates. The results were exactly the opposite of what we hear from so many people: the areas with increased speed limits saw a decline accidents, while the areas with the lower limits actually saw more accidents than before. This is because the areas with higher limits saw fewer motorists driving at speeds that interfered with the flow of traffic.

That doesn’t mean drivers who drive recklessly fast shouldn’t be cited and pulled off the road—speed limits do have a purpose. However, speed limits that are too low create speed variance, and speed variance is one of the leading causes of speed-related car accidents. As such, if authorities really wanted to keep people safe, they’d make fewer speed traps (roads with unnecessarily low speed limits) and increase the limits on roads that can safely handle higher speeds to encourage more drivers to move at reasonable speeds.

If you’ve been hurt in a car accident, don’t hesitate to r each out to the skilled Waterbury car accident attorneys from Fitzpatrick Mariano Santos Sousa P.C. today by dialing (203) 583-8299!

How to Improve Safety

The "Big Three" Causes of Car Accidents

Mon, 02 Jul 2018 10:46:52 GMT

The "Big Three" Causes of Car Accidents

Each year, thousands of people are killed and hundreds of thousands more suffer serious injuries as a result of car accidents. However, the overwhelming majority of these accidents come from well-known causes. In fact, when it comes to car accidents, these are known as the “big three,” and account for over 95 percent of all incidents each year. On this blog, we’ll discuss this “big three” of car accident causes and offer you a few tips on how you can avoid falling victim to one of them.

Alcohol & Drug Intoxication

It’s against the law to drive while intoxicated by drugs or alcohol, and yet thousands of people do it every year, and every year it causes thousands of accidents, serious injuries, and millions of dollars in property damage.

Perhaps the worst part about these types of accidents: they’re almost entirely preventable. If you know you’re going to be going somewhere and enjoying alcohol, be sure to plan for your ride home by either taking a taxi or traveling with a designated driver. Likewise, if you’re taking new medication and aren’t sure how it’s going to affect you, always wait a few days after starting to make sure that the medication doesn’t impair your ability to drive safely. Believe it or not, even legal and doctor-prescribed medications can lead to a DUI arrest if they inhibit your ability to drive safely.

Finally, if you see a driver who is swerving in their lane, unable to hold a steady speed, or jamming on their brakes unexpectedly, there’s a pretty good chance they’re intoxicated. Give them plenty of room and only pass them when you can do so with a wide berth. When you do go to pass them, do so quickly and put as much distance between yourself and them as possible.

Reckless Driving

Reckless driving is driving in a way that deliberately or knowingly neglects your duty of care to other drivers who you share the road with. While most people think reckless driving is simply driving way above the speed limit, it can also include things like weaving in traffic, cutting other drivers off, tailgating, making reckless lane changes, street racing, or even driving around at night without your lights on.

Reckless driving is also a fairly easy accident cause to avoid. Operating your vehicle safely is an important duty that can’t be understated, and failing to do so can lead to all sorts of problems. Be sure to signal lane changes, operate your vehicle at a safe speed, and always do your best to keep the roads safe for other drivers around you, and you should be able to avoid one of these accidents.

Distracted driving has rapidly caught up to both intoxication and recklessness as one of the leading causes of car accidents, and this is largely due to the fact that within the last decade or so, cell phones have become a common part of our daily lives. Today, text messaging, emailing, and making phone calls has never been easier, and countless numbers of studies have shown just how dangerous this can be.

However, distractions don’t just stop with technology: everything from billboards on the side of the road to your GPS system to even a standard car radio can all be distractions behind the wheel. Anything that can bring your attention, mental capacity, and even your physical ability away from the task at hand could be the cause of a serious car accident.

Have you been injured as a result of a car accident cause by one of these “big three?” Call the Waterbury car accident attorneys from Fitzpatrick Santos Sousa Perugini, P.C. today at (203) 583-8299 and request a case evaluation!

Distraction

What's in Your Car Insurance Policy?

Wed, 20 Jun 2018 10:50:38 GMT

What's in Your Car Insurance Policy?

Car insurance is an important part of your daily life. If you own a car, you need to have insurance to cover it in order to legally drive it on public roads. However, this minimum insurance is rarely enough to provide you and the drivers around you with proper protection should you be involved in an accident. To help you better understand what’s in your car insurance policy, our Waterbury car accident attorneys will discuss the different insurance policy products you should consider having on our blog.

Liability

Liability is the only mandatory part of any car insurance policy, as it’s the type of insurance that provides you with financial backing should an incident occur which you are at fault for. Connecticut’s minimum insurance values are known as “20/40/10,” which means $20,000 of bodily injury coverage per person per incident, $40,000 of bodily injury coverage for all injured parties in an accident, and then $10,000 more for property damage. This means essentially that your insurance company will cover up to $20,000 per person in bodily injury expenses that you are responsible for, up to a maximum of $40,000 total for all injured parties.

While this may seem like a lot of money, it’s actually quite a low figure when you consider that a moderate accident can pretty easily eclipse this mark in medical expenses alone, let alone rehab and other losses someone might sustain as a result of an accident. It’s best to find a policy that fits your budget, but generally it’s a much better idea to have anywhere from $50,000 to $100,000 in coverage per person to make sure you personally won’t be held liable for any damages because your insurance will cover as much as possible.

Collision

Collision insurance is essentially protection for your car in the event of an accident. If your car is damaged as result of impacting or contact with another vehicle, your collision insurance will be the part of your policy that fixes the damage and either pays to get your car fixed. If it would cost more to repair your car than it would to compensate you for the full value of your vehicle, your vehicle will be deemed a “total loss,” and your company will likely only compensate you for the value of your vehicle because it’s cheaper for them to do so.

Comprehensive coverage is like collision insurance, only instead of covering you in an accident, it covers you when something strange happens, such as a tree suddenly gives out and falls over on your car, or a fluke hailstorm breaking your windshield and causing major dents to your hood. Comprehensive is also what covers you if your vehicle is stolen.

Comprehensive

Uninsured Motorist

Uninsured motorist coverage is perhaps the least common type of insurance on this list, but it’s one that you can’t afford not to have. When a motorist is uninsured or doesn’t have proper insurance to cover all of your losses as a result of an accident, your uninsured or underinsured motorist coverage kicks in and covers the gap between their coverage and your needs, up to your policy maximum.

Let’s look at an example: say you’re involved in an accident that is entirely the other party’s fault and sustain $30,000 worth of medical bills as a result of your injuries. The other driver has minimum insurance, so you’re only able to recover $20,000 from their policy. What about the other $10,000 that isn’t covered? This is where underinsured motorist coverage would kick in and cover the remainder of that outstanding gap in coverage, up to the limit of your policy. If you have $10,000 in uninsured motorist coverage on your own policy, you could file a claim on it and have all $30,000 of your medical bills from your accident covered without paying anything out of your pocket.

If you don’t have any of these types of car insurance, it’s strongly recommended you call your insurance agent and ask for a quote for a policy that includes these various types of coverage so you can make sure you’re covered, no matter what might happen.

Have you been injured in a car accident? Reach out to the Waterbury car accident attorneys from Fitzpatrick Santos Sousa Perugini, P.C. by calling 203.583.8299 today!

Drowsy Driving & Commercial Truck Accidents – Understanding the Correlation

Fri, 08 Jun 2018 10:55:24 GMT

Drowsy Driving & Commercial Truck Accidents – Understanding the Correlation

Commercial trucks can weigh as much as 80,000 pounds when fully loaded. This makes them very dangerous. A collision between a commercial truck and a passenger vehicle can have devastating results, and victims could suffer serious injuries or death. Our firm is involved with The Sleep Help Institute, an organization devoted to spreading awareness about sleep health and wellness. We recently examined the correlation between drowsy driving and commercial truck accidents, and found a shocking correlation.

What the Statistics Show

Drowsy driving is a type of distracted driving, because it takes your focus off the road. According to the Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA), fatigue was a critical factor in 13% of all commercial vehicle accidents in 2007. This means that fatigue was a major causing factor in these accidents. Drivers reported that falling asleep at the wheel was the cause of major truck accidents 7% of the time.

Understanding the Cause of Truck Driver Fatigue

Current regulations mandate that truck drivers must not be on the road for more than 11 hours in a 24-hour period, and they must take mandatory rest breaks. However, since truckers often have an unpredictable schedule, driving at all hours of the day and night to meet shipping deadlines, they may struggle to get the hours of sleep they need. Having a regular sleep schedule is important. It is estimated that truckers regularly get 5 hours of sleep or less per night, and they may suffer a variety of other conditions that could hinder their ability to get adequate, restful sleep.

These conditions include:

Sleep apnea
Sleeping pill use
Drug use
Sleeping in a sleeper berth

New federal trucking regulations are trying to reduce the risk of truck driver fatigue. These laws put stricter limits on the amount of time truck drivers may spend behind the wheel. However, trucking companies are fighting against these laws, saying that the regulations are unnecessary, since truck driver fatigue is a factor in only a small percentage of trucking wrecks. Truck drivers are also fighting against the legislation, claiming that they need to drive more to earn a living, since they are paid by the number of miles traveled.

New Legislation Is Trying to Reduce Truck Driver Fatigue

Helpful Tips for Truck Drivers

Getting enough sleep may be difficult, but it should always be a priority. Truckers need to set aside time to get quality sleep, and to take a nap when they feel tired. Furthermore, it is important to eat healthy as much as possible, and to avoid driving at night or in the early morning. While some truckers claim that they know tricks to stay awake, this is very dangerous. It may help them be more alert for a short amount of time, but their body will adjust and become sleepy again. In order to protect themselves and others on the road, it is important to stay well rested and avoid drowsy driving at all costs.

To learn more about this issue, click here to read the article by The Sleep Health Institute.

Injured in a Commercial Truck Crash? Call Our Naugatuck Truck Accident Attorneys Today at (203) 583-8299.

Since 1987, Fitzpatrick Santos Sousa Perugini P.C. has provided aggressive representation to injured clients in Connecticut. Our Naugatuck truck accident lawyers have more than 100 years of combined experience. We have guided countless clients to successful outcomes, and will represent you tenaciously as you seek justice from negligent or reckless drivers. Whatever your situation, we will personally guide you through the process.

Contact our office today to receive a free consultation.

What is the Compassionate Allowance Program?

Mon, 04 Jun 2018 11:02:05 GMT

What is the Compassionate Allowance Program?

The Social Security Disability program allows many people to get the benefits they need in order to receive medical treatment and wage replacement when they’ve suffered a serious injury. However, the program is inundated with new claims each and every day, and getting and ultimate decision on your claim is not a short process. In fact, it can take anywhere from several months to even a year or more before you receive your first decision. To make matters worse, if a claim is ultimately denied (like so many are the first time around), the process could drag on for even longer.

And that can be a real problem for some people, particularly those who have a serious ailment and are depending on being able to receive their benefits as quickly as possible. Fortunately, there is a shortcut for those with particularly serious conditions to essentially skip ahead in line and start receiving benefits in an expedited fashion. This is known as the Compassionate Allowance Program, and our Waterbury workers’ compensation attorneys will discuss it in more detail on this blog.

What is the Compassionate Allowance Program?

The Compassionate Allowance Program is an expedited claims processing service for those who suffer from a small and limited range of particularly debilitating conditions. For those who qualify, this program allows cases to be reviewed within a matter of days, not months, and decisions to be issued quickly so that those who need Social Security Disability benefits can get them quickly. In some cases, people have received their first benefits check in as little as just ten days through this program!

Do I Qualify?

The Compassionate Allowance Program is limited to an extremely small, and currently only accepts claims from a small number of different conditions. Currently, many cancers are on the list, along with ALS, some types of muscular dystrophy or atrophy, early-onset Alzheimer’s disease, and a few other conditions qualify consideration under Compassionate Allowance. Even then, these conditions are not a guarantee: some cancers need to have progressed to a certain stage before they’re covered. However, some diseases such as ALS or esophageal cancer are enough to qualify after a diagnosis alone.

Not all severe or fatal conditions qualify for this program either. HIV or AIDS are both not part of this program, and you’ll need to fulfill the severity requirements of the HIV/AIDS listing to qualify for Social Security Disability benefits at all.

There are two things you should do in order to apply for compassionate allowance. First, you should talk to your doctor and collect as much documentation and evidence as possible to support your condition. Everything from the history of your condition (including the onset date) to current treatments should all be included, and possibly even a plan for your treatment in the future.

Second, you’ll want so speak with a Waterbury workers’ compensation attorney if you sustained your condition due to your employment. A legal representative can help you fill out the proper paperwork and see to it that common mistakes are avoided, deadlines are met, and proper evidence is included to give you the best chance at a successful outcome. This is invaluable when you consider how much is riding on a quick acceptance.

Call Fitzpatrick Santos Sousa Perugini, P.C. today at 203-583-8299 for a case evaluation if you need assistance with a Workers’ Compensation or other injury matter.

Applying for Compassionate Allowance

Why You Need to Act Quickly After a Truck Accident

Wed, 30 May 2018 11:06:31 GMT

Why You Need to Act Quickly After a Truck Accident

In order to operate safely and legally, commercial truck operators and trucking companies often carry extensive insurance policies backed by companies who handle an immense number of claims every year. With so much liability on the line, these companies know that the best way to protect their bottom line is to respond quickly in the event of a truck accident, get to the scene, and conduct an investigation in order to gather evidence and build their defense case. This is because commercial trucks often carry at least a portion of liability in the event of an accident, and that portion can equate to thousands of dollars in compensation, and the more money a company has to pay out, the less they get to keep in their coffers as profit.

So when you’re involved in a truck accident, you need to be able to respond quickly as well and start building a case of your own, especially if you’ve been injured as a result of these accidents. Knowing what insurance companies will do after an accident can help you strategize for what actions you should take in the immediate aftermath of an accident, which could make the difference between an optimal case outcome and struggling to get the compensation you’re entitled to.

In the Immediate Aftermath

When you’re injured in a truck accident, trucking insurance companies will often send a team of investigators to the accident scene, sometimes within as little as a few hours of the accident actually occurring. These investigators will work quickly to collect evidence, document the accident scene, and start building their defense case. This is to be expected, and they’re well within their right to do so.

However, that doesn’t mean their conduct is always entirely ethical. Unfortunately we hear far too often about onboard recorder logs being “corrupted” or certain damaged pieces simply going “missing.” Sometimes these things happen, but in many cases this evidence could be what proves the negligence on behalf of the trucking company or their driver, and thus places the financial liability on the insurance company. This becomes even more likely once the insurance company has the wreckage from the accident transported to their facility where it can be investigated in even greater detail.

Protecting Your Case

So what can you do? If you’ve suffered a serious injury, you can’t always stay at the accident scene to investigate it yourself—you need to see a doctor and receive medical treatment right away. Even further, how would you even know what to look for? The first thing you should do is reach out to a qualified and experienced Waterbury truck accident attorney as soon as possible and have them start representing you. An attorney can make decisions on your behalf, and work to hold the trucking company and their insurance accountable for what they’re liable for.

In many cases, the first thing a lawyer will do is file a restraining order against the company and their insurance to prevent them from destroying any evidence. It’s not uncommon for companies to finish their investigation and then start destroying the wreckage to get rid of it permanently. Not only does this prevent you from being able to have your attorney investigate the accident (along with any experts they wish to have help them with this task) but it could get rid of evidence that could be a difference maker in your case. It’s not uncommon for this evidence to be the first thing that they destroy.

A restraining order stops any destruction of evidence, and makes anybody who alters the evidence further criminally liable for doing so. This gives your legal team a chance to conduct their own investigation of the accident and build your case as the prosecution. Having sufficient opportunity to build your case will go a long way towards getting the outcome you deserve in your case.

For assistance after you’ve been injured in a commercial trucking accident, contact Fitzpatrick Santos Sousa Perugini, P.C. today!

The Top Five Causes of Traumatic Brain Injuries

Fri, 11 May 2018 11:09:32 GMT

The Top Five Causes of Traumatic Brain Injuries

A traumatic brain injury can have devastating consequences. Even minor injuries such as whiplash or a minor concussion can lead to serious problems later on in life, including memory loss, increased chances of Alzheimer’s, and much more. However, despite the serious nature of these injuries, they can come from a wide variety of different causes. The majority of these injuries come from sharp, heavy blows to the head, and that can happen almost anywhere.

To help you be more aware of what may cause an increased chance of a head injury and to help you better prepare to manage the risk, we’ll take a closer look at the five most common causes of traumatic brain injuries, or TBI on this blog.

#5 – Assault

Assault, or when someone deliberately and intentionally causes harm to someone else, either as retribution for something, in an emotional heat, or any other situation, causes a shocking number of brain injuries every year. A sudden sharp blow from a punch or kick to the head can cause not only broken bones and facial fractures, but causes the brain to make an impact with the skull causing bruising and TBI symptoms. Many people are never the same after they’re assaulted, which is one reason why assault is typically a pretty serious criminal charge.

#4 – Contact Sports

Sports and concussions seem to go hand-in-hand, particularly sports that involve direct competition or body-to-body contact. Thousands of high-school students suffer concussions playing football every year, making it by far the worst offender, but sports like soccer, ice hockey, basketball, and even cheerleading all contribute to the number of concussions suffered each year. Young children and adults alike are all not immune from the possibility of suffering a brain injury while participating in these sports.

#3 – Traffic Incidents

Auto accidents, particularly those at higher speeds, are one of the leading causes of brain injuries. In many instances, the violent motion is enough to cause someone’s head to collide with something in the cabin of a vehicle, be it the steering wheel, the dashboard, or something else that might be in the way. However, in the case that your seatbelt catches you, the violent motion of your head jerking forward as the seatbelt restrains the rest of your body is enough force to cause a pretty serious brain injury. The belt may save your life, but that doesn’t mean they prevent you from getting hurt.

#2 – Struck-By Incidents

Someone dropped something out of the attic on your head by accident, what about something falling off the shelf at a grocery store. What about standing up too quickly and slamming your head against a piece of furniture or machinery passing by? These are all examples of a struck-by injury, the second-most common type of injury according to Brainline.org. While these may seem rare, if you think about it, one of these injuries could happen almost anywhere.

#1 – Falls

Falls are the most common source of a brain injury. Whether it’s slipping on an icy walkway, tripping over an unseen extension cord on the ground, or accidentally falling into a trench on a construction site, the act of losing your balance and crashing down to the ground is enough causes nearly half of all traumatic brain injuries reported in the United States every year. Fall injuries also account for the overwhelming majority of injuries among infants, young children, and elderly adults.

Have you or a loved one suffered a traumatic brain injury through no fault of your own? Contact a Waterbury injury attorney from Fitzpatrick, Mariano, Santos, Sousa, P.C. at (203) 583-8299 to request a case evaluation and start reviewing your rights today.

Is Southwest Airlines Liable for the Fatal Engine Explosion?

Thu, 26 Apr 2018 11:13:17 GMT

Is Southwest Airlines Liable for the Fatal Engine Explosion?

Earlier this month, a mid-air engine explosion caused a Southwest Airlines flight on its way from New York to Dallas to make an emergency landing in the city of Philadelphia. While the pilot has been hailed as a hero for her ability to bring the plane down while under such immense pressure, the explosion resulted in the first fatality in Southwest Airlines’ 51-year history, and the first commercial airline death on a U.S. based carrier since the year 2009. The explosion sent shrapnel and debris flying into the cabin, which struck several passengers, causing minor injuries to many others.

While many people are breathing a sigh of relief that the incident could have been much worse were it not for the swift and skilled actions of the flight crew on board, the incident raises questions of what caused the accident and who is going to be held liable for it. Southwest Airlines is certainly going to have a lot of questions to answer over the next several months while the National Transportation Safety Board completes a thorough investigation.

At latest update, investigators have said that it’s too early to have any certainty as to what was the ultimate cause of the explosion, but they are suspecting that an “undetectable crack” in an important component could be the culprit. Robert Sumwalt, the Chairman of the NTSB, stated that a crack on the inside of a fan blade may have caused the blade itself to fail and shred in midair, causing the explosion. A crack of such nature would be “certainly not detectable from looking at it from the outside,” he told reporters.

Investigators have said that the crack was consistent with signs of a condition known as “metal fatigue” which essentially means the metal had become weak after repeated amounts of stress and use, sort of like how continuing to bend a piece of metal back and forth eventually causes it to become loose and finally snap.

Was Southwest Airlines Negligent?

Will Southwest Airlines be held liable for the accident? It’s certainly possible—airlines have a duty to ensure their passengers are as safe as possible, and that includes regular maintenance and thorough inspections after each flight. That means Southwest had a duty to inspect the engine and discover the fatigued metal in the fan blade before takeoff. Microscopic cracks such as the one the NTSB suspects can be found with X-ray and ultrasonic inspections, which Southwest had apparently scheduled for December for that particular aircraft.

However, all indications point to Southwest having conformed with manufacturer specifications and NTSB requirements when it comes to the frequency of these particularly detailed inspections. By all accounts, early indications are showing no signs that the airline made a mistake that caused the issue.

We’ll have to continue to wait and see, but it’s looking more and more as though this was a genuine accident in which nobody was really at fault. Southwest probably will bear some degree of responsibility for the incident because of the duty of care they are legally required to provide, which means injury victims and the loved ones of the passenger who lost her life may be able to hold them accountable. However, only time will tell to what degree this is possible.

In the meantime, air travel in the United States continues to be on a remarkable run in terms of safety. As stated previously this was the first fatality for a U.S. based carrier in almost a decade. While accidents had occurred over that stretch, there were nothing more than minor injuries that came out of any of them, showing just how far air travel has come in terms of control and safety—even in the face of weather patterns that can occasionally make takeoff, landing, and control difficult.

If you have been injured as a result of an aviation accident, get help reviewing your rights by contacting the Waterbury injury attorneys from Fitzpatrick Santos Sousa Perugini, P.C.! Contact us today by dialing (203) 583-8299.

Who Should You Hold Liable for a Defective Product?

Thu, 12 Apr 2018 11:16:50 GMT

Who Should You Hold Liable for a Defective Product?

Have you ever encountered a defective product? Most often a defect simply means something that doesn’t work as it’s supposed to when it comes out of the box, usually an electronic or gadget that has a flaw in its electronic circuitry. However, any product can be defective, and if the defect happens to be serious enough to the point where it causes someone to become injured, then the injury victim could potentially file an injury claim against one of several parties responsible for the product reaching their hands. On this blog, we’ll explain these different parties and how they all could have contributed to the negligence that led to your injury.

The Chain of Distribution

A product has to pass through several different stops before it can reach a consumer’s hands. This path is known as the chain of distribution, and is important in that anybody along this chain can potentially play a part in the negligence that resulted in a defective product. Therefore, they could all carry a share of the liability. Here are the various steps in the distribution process.

A product begins at the manufacturer , where the raw materials for a product are pieced together, creating the product itself. It’s important to note that some manufacturers are merely final assembly points, whereas others take the raw materials themselves and form them into what’s necessary to create the final product. A manufacturer who merely assembles a product from parts acquired from other manufacturers isn’t the first step in the chain. Likewise, all of these different companies can have a hand in product liability. A defective component from one manufacturer can cause an entire product to fail, leaving both that manufacture, and the one who failed to notice the defective component when assembling the final product with a share of liability.

Once a product is created, it may then be passed to a distributor or a wholesaler. These third-party middlemen are essentially responsible for collecting products from various sources and then bringing them to the stores where they can be purchased. These companies also have a responsibility to ensure that the products they work with are safe for use and have a minimal chance of causing an injury due to a defect. However, not all products go through one of these companies, so they are not always a part of the equation. Furthermore, a wholesaler or distributor who doesn’t have any reason to believe a product is dangerous or defective may not have a duty to pull it from their supply.

Finally, a product reaches its last stop before it gets into the hands of the consumer: a retailer . This is the store or company that sells the final product or utilizes it in their services. These businesses and companies have a duty to ensure the products they’re selling are safe to use and consume, and besides manufacturers often have one of the largest shares of liability in this chain.

Who Should You Sue?

If you have been injured by a defective product, which of these parties should you hold responsible? The answer is a simple one: as many of them as possible. However, the question then becomes who along this chain actually shares in some of the liability? The manufacturer almost always has at least some contribution to the defective product since they were the ones to make it in the first place. However, if they do their due diligence and promptly recall all potentially dangerous products off the market, they could potentially be off the hook for the actions of a retailer or distributor.

Distributors could find themselves in trouble if their conduct causes the products to become dangerous, such as leaving heat-sensitive products in hot warehouses or trucks for too long. Furthermore, they could be implicated for knowingly distributing a product that was defective or on recall to retailers.

Finally, retailers also need to make the effort to pull defective or recalled products from their shelves before they’re sold. A retailer could be held liable for selling a defective product to a consumer, even if the consumer who is injured by the product is a) not the person who bought it, b) not the one who used the product, or c) purchased a product that was already used. It’s this same principal that allows consumers to hold car dealers who sell “certified pre-owned” vehicles liable for defects that cause injury, even if they aren’t the ones originally selling the car.

If you have suffered an injury as a result of a defective product, contact Fitzpatrick Santos Sousa Perugini, P.C. today by dialing (203) 583-8299 and requesting a case evaluation!

Can You Sue a Bar For Getting Someone Too Drunk?

Sun, 18 Mar 2018 11:20:25 GMT

Can You Sue a Bar For Getting Someone Too Drunk?

Getting too drunk is not only bad for your health, but dangerous to those around you. Intoxicated individuals are a serious injury risk, bot to themselves and to those they may come in contact with. Whether it’s by driving while intoxicated or by starting a fist fight, an intoxicated person can cause bodily injury that they could be held accountable for. However, while they’re directly liable for their actions, is it possible for you to also go after the person or party responsible for putting them into their inebriated state?

These types of laws are called “dram shop” laws or “social host” ordinances and vary from state to state. On this blog, we’ll take a look at what Connecticut has to say about these situations and whether or not you can also choose to go after the establishment or party that got the person who injured you drunk in the first place.

Connecticut General Statutes Section 30-102

Connecticut’s dram shop laws can be found in our state’s General Statutes section 30-102, and state that a vendor could be held liable if they continue to give alcohol to a person who is already intoxicated. In this case, a “vendor” can mean a bar, restaurant, or any other establishment that serves alcohol. Unlike other states which have exceptions or are more relaxed for individuals who are of legal drinking age, Connecticut has no such laws.

What this means is essentially that a business that knows someone is intoxicated and still continues to serve them alcohol anyway could be liable for at least a portion of the damages that person causes because they failed to exercise good judgement and stop serving that individual. These businesses have a duty to keep track of who they’re serving and make good judgement calls in regards to when and when not to serve someone.

Here’s an example: a bar patron is becoming increasingly drunk, becoming loud, clearly slurring words, and stumbling around the establishment. However, the bar continues to serve the patron drinks. Finally, when they have finished their last drink, they get up and immediately stumble over, crashing into the patron next to them, causing them to fall off the stool and break their wrist when they impact the ground. In this instance, the patron who was injured could hold the bar liable for their injuries, including the recovery of medical bills, rehabilitation treatments, and lost income from the work they missed.

However, in order to win this case, they’ll have to show that the bar was negligent in their service to this individual, meaning their actions were “reckless” and “intentional.” If a bar gives someone a single, strong drink and it proceeds to have unintended strong consequences, the bar may be able to prove innocence in this regard since they were unaware that the drink would have such an effect.

Bar Fights

Intoxication can lead to emotions running high, and when this tension boils over, fists may fly. Unfortunately, this can happen in bars, particularly crowded ones, and these situations are dangerous for everyone around. Believe it or not, bar owners could be held liable for injuries that are caused on their premises from these incidents, particularly if an innocent bystander suffers an injury in the process.

This is why so many establishments that are open during the nightlife hours often employ security teams. Security is constantly on the lookout for patrons who may be looking for trouble, and are often under instruction to immediately remove anybody who becomes a threat to anyone else’s safety, without exception.

Social Host Liability

Connecticut’s dram shop laws do not extend to those who serve alcohol at social events. For example, if you host a party at your house, you don’t share the same liability as an establishment would. This means your guests can’t hold you liable in the event they are injured because of alcohol you provided.

However, you are not absolved from liability if any of your party guests are under the age of 21 and become intoxicated. You’re required to make sure that all of your guests are of proper and legal drinking age if they wish to consume alcohol, and you could be held responsible if someone under the age of 21 is able to partake and become intoxicated themselves.

Have you been injured because someone else’s intoxicated actions harmed you? Contact Fitzpatrick Santos Sousa Perugini, P.C. at (203) 583-8299 and let our Waterbury personal injury attorneys help you with a free consultation !

Air Travel Injuries & Your Rights as a Passenger

Fri, 09 Mar 2018 11:26:14 GMT

Air Travel Injuries & Your Rights as a Passenger

Spring is here, and that means vacation season is just around the corner! Whether you plan on getting away for spring break or taking a journey this summer, millions of people across the country will be heading to the airport in order to board a plane and get where they need to go. Air travel is a fast, convenient, and inexpensive way to reach distant destinations quickly and safely, however it’s not immune from its own collection of risks. Air travel injuries do happen, and if you’re injured on your journey you need to know what rights you have available to you.

Here are a few ways you could be injured during your journey and a brief explanation of air travel liability so you can better understand your case.

Types of In-Flight Injuries

When most people think of air travel injuries, their mind often goes straight to the worst possible cause: a devastating crash. This isn’t usually warranted—statistically, air travel is one of the safest forms of transportation in the world, with millions of people reaching their destinations every year without incident or issue. In fact the commercial air travel industry had a fatality-free year in 2017, and commercial airliner deaths are continually shrinking on average due to safety technology.

However, this doesn’t mean the industry is injury free. In fact, a number of injuries happen every year because of what happens on board the plane during the journey. Arguably the biggest offender: those convenient overhead storage bins. While they make a great place to stow your luggage during the trip, they are notorious for popping open when not shut correctly or during turbulent times in the air. An open bin could lead to the contents falling out and landing on someone, possibly causing head, neck, or other injuries.

Other reasons for injury could include a runaway beverage or food cart rolling down the aisle and striking a passenger or crew member, especially in the event of an unanticipated patch of turbulence. Other times people bump their foot or ankle into an obstacle while trying to navigate the narrow walkway while moving around the cabin or going or visit the restroom.

Negligence in Air Travel

If you are injured in an air travel accident, you may have a personal injury case you can bring against the airline itself. Airlines are responsible for your safety while you are on board the plane, and they are liable until you disembark at your destination. However, bringing a suit before them requires that the airline show “negligence” in their conduct that led to your injury, which is where things can get confusing. Airlines are required to give a “heightened duty of care” to passengers because of their status as a “common carrier.” However, if they adhered to this duty and you were still injured, they may not be responsible for compensating you.

Some examples of negligent behavior in air travel that could cause an injury includes things like leaving a drink or food cart unattended, allowing it to roll forward and collide with someone. Likewise, remember the overhead bins we discussed before? Airlines have a duty to check and thoroughly secure every overhead bin before takeoff to ensure they won’t fly open and allow the contents to spill out. Failing to do so or forgetting to make this check could be considered negligence.

However, what isn’t considered negligence are so-called “acts of god,” or incidents that are caused by unpredictable factors. We mentioned turbulence earlier—turbulence is often the result of unsettled air, usually from pressure differences or high winds. Turbulence is often nothing more than a few little minor bumps in the cabin, but can lead to some pretty serious tossing and jolting during the ride. While airlines have a duty to try and avoid turbulent air as much as possible, there are times where it can’t be helped or even foreseen.

Sudden turbulence causing an injury is something that airlines cannot be held liable for, purely because they were given no opportunity to avoid it. While they do have a duty to instruct you to return to your seats and fasten your seatbelt in the event of turbulent air, injuries caused by turbulence are generally not grounds for a lawsuit unless you can show that an airline neglected their duty to you as a passenger during the turbulence.

For more information about air travel and your rights as an injured passenger, speak with Fitzpatrick Santos Sousa Perugini, P.C. today by dialing (203) 583-8299 for a case evaluation.

Should I Apologize After an Accident?

Tue, 27 Feb 2018 11:28:16 GMT

Should I Apologize After an Accident?

It’s no secret that car accidents are stressful. If you’ve been involved in an accident, it’s easy to become disoriented, confused, and even stressed about your situation, and that may lead you to try and immediately ease the tension however possible. For many people, this manifests itself in the form of apologizing to other drivers, just to be cordial and show good will in that you wish to work together. While this is admirable, it might have some unintended consequences you wouldn’t expect. Let’s take a closer look at how.

Admission of Guilt

Insurance companies quickly set to work trying to gather statements and collect evidence, and often the reason they try to do this quickly is so they can collect as many details as possible in order to start piecing together what happened. These details often include what everyone says at the scene of an accident because what people say could wind up being a huge advantage.

If an insurance company finds out that you apologized for your actions at the scene of an accident, they’ll often try to argue that the apology was an admission of fault, and therefore the person who apologized should be assigned all blame and liability. This is especially true for companies who might recognize from the preliminary details that they may have at least a share of liability in the accident, and therefore will have to pay out on at least part of the various claims that come in. The quicker these companies can push for this resolution, the more often they get their way and you might find yourself stuck dealing with the blame for an accident.

Fighting Back

So what can you do in these instances to make sure you aren’t unfairly punished for an accident that wasn’t really your fault? Obviously for many people an apology doesn’t necessarily mean you’re admitting the accident was your fault, so what can you do to disprove them? There a few ways you can protect yourself and your interests in an accident to ensure you receive a fair and beneficial outcome.

For starters, don’t speak with another person’s insurance company before you’ve spoken with your own. Other insurance companies are not on your side, do not have your best interests in mind, and are looking for any possible way to increase their bottom line by paying out as little as possible, which means making you pay more. You do not want to talk to one of these companies until you have spoken with someone who does have your best interests at heart. This includes two different parties: your own auto insurance company, and/or a Waterbury personal injury attorney.

When you are involved in an accident, generally one of the first calls you’ll make (assuming there are no serious injuries) is to your own insurance company in order to start your claim, give your initial statement, and figure out what you should do to get medical treatment and have your car inspected. Your own insurance company will often advise you about the best steps for proceeding forward and will make sure that your side of the story is given proper weight when determining what actually happened and who is at fault.

An attorney is also a powerful ally to have on your side in an accident. When you have suffered a serious injury as a result of your accident, it’s often hard to give statements that are accurate and reasonable within a short amount of time—you often have extreme pain and other problems to deal with. An attorney will look at all available evidence to piece together what happened and then use the law to protect your rights by holding any and all insurance companies accountable for the policies they sell and make sure they give you the compensation you deserve.

If you have been hurt in a car accident, speak with a member of the skilled team at Fitzpatrick Santos Sousa Perugini, P.C. today! Dial (203) 583-8299 to request a case evaluation.

What is Connecticut's Attractive Nuisance Doctrine?

Fri, 09 Feb 2018 11:30:23 GMT

What is Connecticut's Attractive Nuisance Doctrine?

Parents can always tell you one of their worst fears is their children running off and getting hurt or worse trying to play with something when they don’t recognize the danger of doing so. Kids can find nearly anything interesting, including things that you may not even think twice about such as a pile of wood or other large piece of junk lying around. Unfortunately a large number of kids are injured every year as a result.

However, for parents there is some good news: you do have the right to hold the owner of these dangerous property features responsible thanks to our state’s “attractive nuisance” doctrine. On this blog, we’ll take a look at what this doctrine says and how you may be able to apply it if your child is injured on someone else’s property.

Connecticut Attractive Nuisance Doctrine

To put it simple, the attractive nuisance doctrine says that property owners have a responsibility and a duty to ensure that any and all potentially attractive property features that can cause injury are secured so that wandering and curious children cannot access them. When children can gain access to one of these features and become injured by it, you as their parent can hold the property owner accountable for the damages you incur as a result of their injuries. This is similar to our state’s premises liability laws, only with the added focus on children who don’t recognize the danger of something that might catch their eye, and thus their interest.

What Is an Attractive Nuisance?

What are these potentially-attractive property features? Well, pretty much anything, really. While most people think of attractive nuisances as things like swimming pools, jungle gyms, playground equipment, sandboxes, sports equipment, and anything else that kids may see as an opportunity for fun, what many adults also fail to recognize is that kids have an imagination. As such, even things that you may think are the opposite of attractive and fun-looking can also spark a child’s interest. Things like old appliances (i.e. refrigerators, washers, and dryers), old, rusty cars, piles of wood or cracked cement with exposed rebar, construction materials, and more can also draw the interest of a wandering child, potentially making a property owner liable.

There is no exhaustive list of attractive nuisance property features because the law is designed to be universally-encompassing: if a victim’s parent and their Waterbury injury attorney can demonstrate that a feature was left unsecured and presented danger to children, then they can reasonably expect that their attractive nuisance claim will be accepted. Thus, the onus is on property owners to be vigilant about the conditions on their premises and quickly secure any features that might be dangerous. It’s important to remember that in the case of children, a warning sign often won’t do; many children can’t read and don’t understand the meaning behind caution tape or other potential warning signs.

What to Do If Your Child Is Hurt

If your child has been hurt by an attractive nuisance property feature, it’s important to get them medical help as soon as possible. Some more severe injuries can have life-long consequences if they’re not dealt with as soon as possible, especially with things like concussions or other brain injuries, deep gashes, or drowning incidents.

Once you have received medical treatment for your child, it’s equally important to speak with an attorney about your rights as a parent and determine whether you have a legitimate attractive nuisance claim that you can hold the property owner responsible for.

Call Fitzpatrick Santos Sousa Perugini, P.C. today at (203) 583-8299 and speak with a member of our team to find out more about your rights as the parent of a young injury victim!

What Youth Sports Have the Highest Concussion Rates?

Fri, 12 Jan 2018 11:32:48 GMT

What Youth Sports Have the Highest Concussion Rates?

Youth sports programs have shown they have tremendous numbers of benefits for kids, including improving their people and teamwork skills, hand-eye coordination, and overall fitness levels in ways that they carry with them for the rest of their life. However, they also expose kids to a significantly increased risk of a traumatic brain injury, including concussions. Studies have shown that young, developing brains are particularly prone to concussion damage, with those who do suffer a concussion at a young age retaining a significantly increased chance of having a second one later.

To help you recognize what kind of risk your child might be in, here are the youth sports that have some of the highest concussion rates to help you recognize that your child’s injury might be more serious than you think.

Football

Football players of all ages are highly prone to concussions. Even from the youngest days of strapping on pads for Pop Warner games, football players are taught to lead with their upper body when tackling opponents, and that often translates to the head being one of the first points to make contact. Head-to-head collisions are fairly common, and with the sheer amount of contact, it should come as no surprise that much of it happens to the head.

Soccer

In tackle football, the head contact is at least shielded against. In soccer, players are often encouraged to use their open and unexposed head to make contact with a ball traveling at high speeds. This alone can cause damage, but then you consider that soccer is also a high-contact sport where other heads, elbows, knees, and even feet can all impact someone’s head, and you can see just how easily it is to get a concussion, even for young children playing on almost any level.

Basketball

Unlike soccer, basketball does not usually involve making direct contact with the ball using your head. However, it does involve flying elbows, wayward knees, and even head-on-head collisions as one player tries to push their way through another. This is a particularly high risk for girls, who suffer from concussions while playing basketball at a rate that’s more than double that of boys.

Gymnastics

Gymnastics isn’t a contact sport, and in fact never involves any sort of head-to-head competition involving two athletes from opposing teams on the same field of play at the same time. So when people hear that it has one of the fastest-growing concussion rates amongst youth athletes, parents are often shocked. The reason: whiplash. Gymnastics athletes fall, a lot, and that fall can cause serious impacts that can jerk their neck and head around, resulting in a concussion. There’s also the opportunity for a gymnast’s head to collide with a piece of equipment like the balance beam or exercise bar.

Of course, this is not meant to discourage kids from participating in these sports; in fact many healthcare and pediatric professionals emphatically agree that the health and social benefits kids get from participating in these sports overwhelmingly outweigh the risks involved. But, that being said your kid does participate in one of these sports and suffers a collision with their head, don’t simply brush it off as a “having their bell rung” or anything of the like; they could be seriously hurt and need medical attention as soon as possible.

For more information about your rights if your child has suffered a concussion, speak with a Waterbury personal injury attorney today! Call Fitzpatrick Mariano Santos Sousa, P.C. today at (203) 583-8299 for a case evaluation.

Should You Apologize After an Accident?

Thu, 04 Jan 2018 11:38:49 GMT

Should You Apologize After an Accident?

Car accidents are stressful situations, and to help escalate the tension, many people will often apologize to the other people involved. Some people do so because they think they may have contributed to the accident occurring, while others may do so even if they don’t think it was their fault at all. Regardless of the situation, this isn’t a smart decision. Apologizing can have some serious ramifications on your case, particularly if other insurance companies get word that you did so.

Here are a few reasons why it’s smart to refrain from apologizing after an accident, even if you think you were completely at fault for it:

Admission of fault: Insurance companies are in business to make money, and the more blame they can assign to other people and away from themselves, the more money they’ll make. Knowing this, it should come as little surprise that insurance companies will often try to twist apologies into admissions of fault. This is often far from the actual truth of your intentions, but that won’t stop them from trying.

You don’t have all the facts: You may think your conduct caused or at least contributed to the cause of an accident, but there’s often more at play in an accident than you know about. These unknown factors can often be the real cause of your accident, but by apologizing and taking the blame for it, you may be dismissing those factors prematurely.

Actions are more important: Figuring out who’s at fault for an accident should be second-priority when it comes to an accident scene. The first and most important thing that you should handle is making sure anyone who needs medical treatment gets the treatment they need. Attend to everybody in every car involved in the accident and call an ambulance for everyone who needs treatment.

Know your rights: insurance companies like to try and take statements as soon as possible after an accident to try to capture as much detail as possible before anything’s lost to memory. Unfortunately they sometimes take things too soon, when the confusing whirlwind of everything that just happened is still a jumbled mess in your mind. Insurance companies love to talk to other parties at this point because they often get statements that are not all that clear and easy to twist in their favor. Know that you do not have to speak with them until after you’ve spoken to your own company and a Waterbury car accident attorney, and make sure you never apologize to them for your conduct.

It’s strongly advised you seek counsel from a skilled advocate who can fight for your rights and help you hold those responsible to account. Call the top-rated team at Fitzpatrick Santos Sousa Perugini, P.C. by dialing (203) 583-8299 to request a case evaluation!

How Can an Attorney Help with My Bad Faith Insurance Claim?

Fri, 22 Dec 2017 11:48:34 GMT

How Can an Attorney Help with My Bad Faith Insurance Claim?

Just because your insurance company accepts your monthly check, doesn’t necessarily mean that they will be ready to accept your claim in the event of a disaster. It is important to remember that insurance companies are concerned with their interests over yours. This means that when you file a claim, you are essentially entering into a business negation with your insurer. Although you are paying for their services, you might have trouble getting them to act on your claim. This is why it is important to hire an experienced real estate lawyer to handle your bad faith homeowners’ insurance claim .

It’s not entirely unheard for an insurer to limit or even deny coverage of a claim without proper justification or warning. Although not every disagreeable act can be considered bad faith, you should consult with an attorney if you feel you have been treated unfairly or your claim has not been held to the expectations that were stated in your policy. You should seek out a lawyer who focuses on bad faith insurance claims to ensure that your particular needs fit their legal services.

A qualified insurance claims attorney can assess your case and determine if you insurer is indeed acting in bad faith against you. Because insurance companies have a wealth of resources at their disposal, it is important that you do what you can to level the playing field. One way to do this, is to secure strong, experienced legal representation early on in your case. Because the definition of “bad faith” can vary, a knowledgeable lawyer can helpful when it comes to establishing how your case fits the criteria of the term.

Is your insurance company acting in bad faith against your claim? Contact our Waterbury team of attorneys to get started on your free consultation today. We are here to help with all of your legal needs.

Can I Sue If I Slipped On an Icy Walkway?

Mon, 11 Dec 2017 11:51:22 GMT

Property owners have a legal duty to keep their premises safe and hazard-free. This includes ensuring that their walkways, driveways, parking lots, and other common areas are clear of ice and snow. When ice and snow are allowed to accumulate, it can create very dangerous conditions that can cause serious injuries. Owners who allow dangerous conditions to exist on their property, can be held liable for a personal injury claim and lawsuit.

Property owners generally fall into 3 groups:

Commercial Establishments : Includes retail stores, hotels, apartment complexes, and other non-residential and non-government properties
Residential Properties: Includes privately owned homes, condominiums, duplexes, townhomes, and other non-commercial and non-government properties
Governmental Properties: Includes post office buildings, motor vehicle departments, federal buildings, courthouses, etc.

Licensees & Invitees

A property owners’ legal duty of care extends to what is referred to as invitees and licensees. Invitees are people the property owner benefits from. Invitees can be shoppers in a supermarket, guests at hotels, mail delivery personnel, and others who are not social guests.

Licensees are people who have a social objective, not a business objective. Neighbors, children, party guests, and friends who are social guests are usually considered licensees.

A property owner’s legal duty of care and subsequent liability varies from case to case. There is no exact measurement for how much ice or snow there must be for a property owner to be deemed negligent. This also applies to the amount of time a property owner has to remove the ice or snow before becoming liable. Ice can form in a matter of hours and melt just as quickly. The probability of people walking on the sidewalk is also a factor in determining if a property owner is liable.

Have you been injured from a slip or fall caused by ice on a walkway? We can help. Contact our Waterbury personal injury attorneys to get started on your case today.

What Are My Rights In a Breach of Contract Case?

Fri, 17 Nov 2017 12:01:43 GMT

What Are My Rights In a Breach of Contract Case?

A business contract contains specific obligations that must be fulfilled by the parties entering into the agreement. When one party fails to uphold their contractual obligations, it is known as a "breach" of the contract. A breach of contract can happen when one party fails to perform their duties on time, does not perform their duties in accordance with the terms of the agreement, or does not perform their duties at all. Contract breaches are usually categorized as either "material" or "immaterial." This classification determines the appropriate legal solution for the breach.

When a breach of contract happens, one or both of the parties can have the contract enforced on its terms, or they can try to recover financial damages caused by the alleged breach. If a contract dispute cannot be resolved, the next step is likely a lawsuit. If the amount in question is below a certain dollar figure, the parties might be able to resolve their dispute in small claims court.

Legal remedies for a breach of contract include:

Damages: Can be compensatory, punitive, nominal, or liquidated damages.
Specific Performance: This is a court-ordered performance of duty for the breaching party. Specific performance can be used if the subject matter of the agreement is rare or unique, and damages would not be enough to place the non-breaching party in a good position.
Cancellation & Restitution: The non-breaching party can cancel the contract and sue for restitution if they have given a benefit to the breaching party. "Restitution" means that the non-breaching party is put back in the position it was in before the contract breach occurred. "Cancellation" of the contract voids the contract and eliminates any obligation under the agreement for all parties.

Want to learn more about your rights in a breach of contract case? Contact our Waterbury breach of contract attorneys to get started on your free consultation today.

Attorney Carlos Santos Named Top Attorney for Citizen’s News

Thu, 02 Nov 2017 12:04:28 GMT

Attorney Carlos Santos Named Top Attorney for Citizen’s News

Our firm, Fitzpatrick Santos Sousa Perugini P.C., is thrilled to announce our very own Attorney Carlos Santos has been named the 2017 Reader’s Choice Top Attorney for Citizen’s News! This weekly local news source conducts an annual selection process for various professionals in the Naugatuck community. We are proud to work alongside such a highly respected, prestigious, and results-driven Naugatuck personal injury attorney such as Attorney Santos, and we look forward to seeing him continue to succeed for years to come.

Citizen’s News can be reached here .

Contact Our Skilled Naugatuck Personal Injury Lawyers Today

Have you been injured due to no fault of your own? If so, our Naugatuck personal injury attorneys of Fitzpatrick Santos Sousa Perugini P.C. want to do everything in our power to advocate on your behalf. Whether you are seeking compensation for your costly medical expenses, loss of work or wages, loss of companionship, or emotional distress in the form of pain and suffering, we want to fight for you. Allow us to guide you through the legal process with ease.

Interested in scheduling an initial consultation? Don’t hesitate to contact us at your earliest convenience by calling (203) 583-8299.

Soft Tissue Injuries: Why They Should Be Taken Seriously

Tue, 24 Oct 2017 12:06:11 GMT

Soft Tissue Injuries: Why They Should Be Taken Seriously

Regarding all of the possible injuries following an accident, many people are least concerned with soft tissue injuries as they are generally considered to be less serious. While other injuries, such as broken bones or TBIs are certainly incredibly severe, soft tissue injuries still have the potential to be quite dangerous. Soft tissue injuries include those concerning your muscles, tendons, ligaments, nerves, and more. It is vital they are not ignored when it comes to treatment, as prolonging getting medical care can have disastrous consequences.

The following are important reasons to ensure you don’t ignore your soft tissue injuries, including but not limited to:

Their healing time can be quite extensive, as some will never heal at all and result in chronic pain for years to come
Their symptoms may not tell the extent of the injury, as immediate physical responses don’t always display the true severity
The recovery processes can be complicated, as some soft tissue injuries may require surgery despite seeming mild in nature

Even the slightest soft tissue injury will require medical treatment. Our firm will ensure the party responsible for your injury is held liable for any medical expenses you may incur.

Contact Our Waterbury Personal Injury Attorneys Today

Are you seeking a Waterbury personal injury lawyer who will ensure you obtain the compensation you deserve following an accident or injury? If so, look no further than our legal team at Fitzpatrick Santos Sousa Perugini P.C., where we believe in going the distance on behalf of our clients. We proudly serve throughout the state of Connecticut, and when you have us on your side, you can rest assured you are in more than capable hands.

To speak to a member of our prestigious legal team, contact us by calling (203) 583-8299.

What If My Injuries Presented Themselves Long After an Accident?

Tue, 17 Oct 2017 12:08:05 GMT

What If My Injuries Presented Themselves Long After an Accident?

In any accident, our bodies tend to go into a state of shock. This means we are less likely to immediately notice any injuries we have sustained until later, when the adrenaline has left our body. However, this may present a problem when it comes to pursuing the compensation you are entitled to. When another person is the cause behind your injuries, they are expected to be held liable for any payments regarding those injuries--however, how can they be held liable when your injuries don’t present themselves until later?

Luckily, with the help of a Waterbury personal injury lawyer who is committed to your best interests, you can combat this conundrum. The Discovery Rule in tort law stipulates the statute of limitations regarding an injury does not begin until the victim becomes aware of his or her injuries, within reason. This means if you are suffering from a late-presenting injury, such as those sustained in work accidents, car accidents, or other scenarios, you can rest assured our firm will work tirelessly to ensure you are protected, regardless of when your injuries appear.

Contact Our Accomplished & Results-Driven Waterbury Personal Injury Attorneys Today

If you or a loved one has been injured in a car accident, it is vital you enlist in the help of a trusted legal team at your earliest convenience. Our firm, Fitzpatrick Santos Sousa Perugini P.C., is comprised of experienced and skilled Waterbury personal injury lawyers who are dedicated to advocating on your behalf until your case is resolved as beneficially as possible. We refuse to back down from a challenge, and want to ensure your rights are protected throughout this process.

Schedule an initial consultation with a member of our firm by calling (203) 583-8299 today.

Premises Liability: Snow & Ice Accidents

Tue, 19 Sep 2017 12:10:23 GMT

Premises Liability: Snow & Ice Accidents

Slip and fall accidents tend to increase during the winter time. Sometimes, these accidents are caused by a negligent property owner who fails to keep their walkways free of snow, ice, and other hazardous debris. If you are injured in an accident caused by snow and ice, you might be entitled to financial compensation. However, not all accident situations equate legal liability. In this blog, we explain what you need to know about filing a premises liability claim .

Premises Liability

Premise liability refers to a property owner’s possible legal responsibility for injuries that were the result of unsafe conditions on their property. Premise liability includes accidents involving slips and falls caused by snow or icy weather conditions.

What You Will Need to Prove

Premise liability cases vary from state to state, so it is important to consult an attorney to find out which laws apply to your case. In general, the injured party will need to prove that:

The defendant owned, occupied, or leased the property you were injured on
The defendant was negligent in the upkeep of their property
You were indeed injured or harmed
The defendant’s negligence was a significant factor in causing your injury

For a property owner to be considered at fault, they must have caused or contributed to the hazardous condition that created your injury. For example, if the property owner neglected to keep their walkways clear of ice or snow, they can possibly be held liable under premises liability law. The owner of the premises must have also been aware of the dangerous surface but did nothing to remedy it. In this view, the property owner should have known of the dangerous surface because a "reasonable" person would have discovered and fixed the dangerous hazard.

Do you need help filing your premises liability claim? Contact our Waterbury premises liability attorneys to learn how we can assist you today.

What Is a Special Needs Trust?

Sat, 16 Sep 2017 21:20:54 GMT

What Is a Special Needs Trust?

Do I Need an Attorney?

Establishing a special needs trust that covers all of your loved one’s interests can be a complicated matter if you are not familiar with estate law. That is why you should consult with an experienced lawyer to discuss the detail of your situation. At Fitzpatrick Santos Sousa Perugini P.C . , we are committed to making sure our clients understand all of their legal options, and we are prepared to guide you through each aspect of your case.

If you want to create a special needs trust for a loved one, give us a call today at (203) 583-8299 to request your free consultation .

Do you have a loved one in your life who is disabled? Do you want to leave money or property for them after you die? If so, you will need to include a special needs trust in your estate plan . Without a special needs trust, your loved one might be ineligible for Supplemental Security Income (SSI) and Medicaid benefits.

Let’s say you want to leave your loved one $10,000 in cash upon your death. Gifting this much money would disqualify your loved one for SSI or Medicaid benefits. To get around this issue, you need to create a special needs or supplemental needs trust. By putting all of the property and money you want to leave to your disabled loved one into one of these trusts, your loved one won’t have to claim it when they attempt to recover SSI and Medicaid benefits. Although the trustee can’t distribute the money directly to your loved one (doing so would jeopardize their benefits), the trustee can still spend the trust assets to pay for:

In-home care

Home furnishings

Medical expenses

Dental expenses

Physical rehabilitation

Education

And more

Taking Pictures of Your Car Accident

Mon, 11 Sep 2017 12:12:40 GMT

Taking Pictures of Your Car Accident

Car collisions aren’t just scary, they can be deadly. From serious injuries to accident-related fatalities, determining who is liable often comes down to which driver has the best photographic evidence on their side. Taking pictures of the accident scene can help you establish liability early on. The more pictures you take the better, as photos typically aren’t subjected to interpretation the same way verbal accounts are.

When Should I Start Taking Pictures?

After you’ve been in an accident, first check to make sure all parties involved are safe and free of injury. Immediately call 911 if anyone has been hurt. Once you’re sure of everyone’s condition and safety, you can begin to snap photos. You want the pictures you take to tell the story of the accident’s progression. Photograph any evidence of property damage or injury, as these can be useful later on. Remember that the quality of the image matters in court. If your phone takes blurry or pixelated photos, avoid using it for documenting evidence. It’s a good idea to carry a camera on you or keep one in your vehicle just in case.

How Can I Make My Pictures More Effective?

Shoot from as many angles as possible

Include other vehicles involved in the accident

Try to visually establish the position of the vehicles at the accident scene

Photograph anything that can show the timeline of events

Get images of the weather conditions

Take close-ups of your vehicle’s damage

Photograph witnesses

Photograph any injuries you or others might have sustained in the accident. Understandably, some people might not be very inviting of your photography and might even decline you taking their picture. You cannot legally force someone to let you photograph them. Instead, get as many pictures of the scene as you can. Do not photograph any fatalities because this can be seen as insensitive and inappropriate.

Need help with your accident claim? Our Waterbury car accident attorneys represent victims throughout Connecticut. Contact us today to find out we can do for you at Fitzpatrick Santos Sousa Perugini P.C.

Is It Okay to Take Pictures of Injuries?

What You Need to Know About Falling Object Injuries

Wed, 06 Sep 2017 21:40:49 GMT

What You Need to Know About Falling Object Injuries

Gravity is both a blessing and a curse. This force of nature is the glue that holds our world together as we know it, allows us to live on the earth without being hurled out into the darkest depths of space, and even allows much of what we depend on in our daily lives to work as intended. However, it can also be a crucial enemy. Gravity acts on all objects equally, and that means anything that’s dropped from within the earth’s gravitational field will fall back to earth, stopping only when it either hits the ground, or something that happens to be between the two. In some unfortunate cases, that thing that’s in the way might be you.

If you are struck by a falling object, you may be able to hold the party responsible for it falling responsible. On this blog, we’ll explain what you need to know about falling object injuries and how you can set yourself up for the best possible outcome to your case if you have sustained one of these injuries.

Sobering Facts

Falling objects cause thousands of injuries each and every year, and are one of the leading causes of injuries in workplaces across the country. In fact, OSHA records more than 50,000 “struck by falling object” injuries each and every year, or one roughly every ten minutes. Yet despite the common nature of these incidents, a remarkable number of companies and contractors don’t take the necessary precautions to prevent falling objects from causing serious injury to someone down below.

Damages You Suffer

While falling objects can happen in nearly any location, including in retail stores, homes, and even just in public spaces, the overwhelming majority of these injuries happen on work sites. In fact, construction sites are one of, if not the top location for falling object injuries in the world. This is because far too many workers take appropriate precautions to secure themselves, but not necessarily their tools or their materials.

If you’ve been injured as a result of a falling object, working with a Waterbury personal injury attorney is crucial to your case. An attorney can advise and guide you on how to best approach your case in terms of proving who was negligent in causing the object that injured you to fall and the damages you have sustained. Because falling objects frequently cause head and neck injuries, it’s possible to recover substantial damages based on what you have sustained.

Some common damages that are recovered after falling object injuries include:

Lost income from missed work
Reduced pay
Physical therapy
Medical expenses
Prescribed medicines
Permanent loss of use

Workers who suffer their injury on the job may also receive additional benefits through the workers’ compensation system. Through a workers’ compensation case, you may be eligible to receive all of the benefits above, as well as compensation for job retraining, reduced pay as a result of changing positions, partial incapacity, and more.

If you’ve been injured by a falling object, don’t hesitate to reach out to a Waterbury injury attorney for help! Call Fitzpatrick Santos Sousa Perugini P.C. today at (203) 583-8299 to request a consultation.

Why Wearing a Seat Belt is Important

Thu, 31 Aug 2017 12:15:13 GMT

Why Wearing a Seat Belt is Important

Read on to learn more reasons why wearing a seat belt is important:

It keeps vehicle occupants inside: There is a longstanding myth that people are better off being thrown out of a vehicle, clear from the crash. The truth is that people thrown from a vehicle are actually four times more likely to be killed than those who remain inside.
It restrains the strongest parts of the body: For both adults and children, the strongest parts of the body are the hips and shoulders. Seat belts are designed to contact the body at these parts, providing optimum protection.
Seat belts spread out the force of a collision: Using a lap and shoulder belt helps spread the force of a crash over a wide area of the body, putting less stress on any one area. This can allow one to avoid serious injury. Additionally, a shoulder strap will keep your head and upper body away from the dashboard, steering wheel, and other interior parts of the vehicle that you might otherwise hit if you were either hit by another vehicle or have to suddenly hit the brakes.
Helps the body to slow down: Oftentimes, an abrupt change in speed is what leads to an injury. Seat belts extend the time it takes for you to slow down in a crash. If you are not buckled up, you could end up hitting the dashboard or side window, depending on the nature of the crash.
It protects your brain and spinal cord: Seat belts are designed to protect these two critical and vulnerable areas. If you were to hit your head in a crash, it is likely you will suffer a traumatic brain injury. These can range in severity, from a minor concussion to a fatal diffuse axonal injury. No matter how minor a head injury might seem, it is crucial to always seek medical attention since they often do not produce immediate symptoms. In fact, some brain injuries take days, weeks, or even months before a victim begins to experience symptoms. Likewise, spinal cord injuries can also have serious and deadly consequences.
Wearing a seat belt is required by law: If your safety is not reason enough to wear a seat belt, remember that wearing one is required by law and, if you are caught not wearing one, you might face some expensive fines.

Some believe that air bags are an effective substitute for seat belts. While they are an excellent safety feature, an air bag on its own will not protect you. If you are not wearing your seat belt, it is unlikely your body will remain in a position that allows your air bag to help prevent injuries. To get the most out of this safety feature, you must wear a seat belt.

Car Accident Attorneys in Waterbury

Being involved in a car accident is often a traumatic and frightening experience, particularly if injuries are sustained. You might be faced with mounting medical bills, lost wages, and possibly the loss of the ability to return to work. You should not have to bear the burden of someone else’s negligence and mistakes. At Fitzpatrick Santos Sousa Perugini P.C., our Waterbury accident attorneys are here to support and represent you after you have been injured in a collision. Our mission is to hold the responsible party accountable for their actions and to obtain maximum compensation for you and your family.

Our Waterbury legal team has worked for more than 35 years to assist injured victims after car accidents. We are here to help you recover from your physical and emotional losses as quickly and painlessly as possible.

Contact our office today at (203) 583-8299 to schedule a free consultation with a skilled and experienced member of our team. You should not have to go through this alone.

Despite the fact that motor vehicles are equipped with more safety features than ever before, including tire pressure monitoring systems, back-up cameras, and lane departure prevention systems, none of these innovations are as critical to the safety of passengers as a seat belt. Unfortunately, many drivers and passengers choose to ignore this effective injury-prevention device, putting themselves at risk for injuries or even death. According to the Centers for Disease Control and Prevention (CDC), seat belts reduce one’s risk of suffering injuries or death by about half. In fact, according to the National Highway Traffic Safety Administration (NHTSA), seat belts save more than 15,000 lives every year in the United States.

Connecticut Police Officer Unanimously Wins Appeal, Granted Pension

Fri, 11 Aug 2017 12:17:00 GMT

Connecticut Police Officer Unanimously Wins Appeal, Granted Pension

On Friday July 21st, Connecticut’s Medical Examining Board overturned its previous denial and granted a Connecticut police officer, represented by Attorney Tim Fitzpatrick of Fitzpatrick Mariano Santos & Sousa, her service connected disability retirement (“pension”).

In February 2013, Officer suffered a torn meniscal injury to her right knee. Following the first surgery, twenty percent of the meniscus was removed and the tear was repaired. However, after an MRI, an additional tear was discovered and a second surgery performed. After the operations, Officer attempted to return to full duty as a police officer, but was unable due to continuous pain and structural damage to the knee ligaments.

In its initial decision of April 1, 2016, the Board, which comprises of three physicians appointed by Governor Malloy, unanimously voted (3-0) to deny the Officer’s pension. The Board questioned the presence of a pre-existing injury and opined that the injury could improve with treatment. Under Connecticut law, the Officer had one opportunity to appeal the decision, before the same Board of physicians, in Hartford.

Following opening statements by Attorney Fitzpatrick and testimony from Officer, the Board unanimously (3-0) voted to overturn its denial and grant her pension.

When asked about her experience, Officer stated: “When I first came to Attorney Fitzpatrick, I was lost, just having been denied my pension. I felt that my lawyer previously had done very little to help me through the legal process and I was skeptical that anything would be different with a new lawyer. However, I heard from many people that Attorney Fitzpatrick and everyone else in his firm were good lawyers and that they cared about the outcomes that their clients received. As it turns out, all I had heard was true. From the first phone call until the appeal, Attorney Fitzpatrick and his staff were with me the entire way. They helped me to understand every step that needed to be accomplished and pushed me to move forward regardless of the outcome. I always felt that I was being helped and that they cared. I am grateful for all of the time and effort that was put into my case and I honestly do not know where I would be today without this Firm.”

Attorney Tim Fitzpatrick commented: “The essential functions of a police officer are heavily dependent on physical health. If an Officer has been injured in the course of duty and cannot perform those functions, she not only deserves benefits, she is entitled to them. It has been a long four years since Officer sustained this injury, with countless hours of physical therapy, strengthening programs, and two surgeries. On Friday, the Doctors of the Board analyzed the evidence and recognized that Officer did everything in her power to return to full duty, but was unable due to structural damage in her knee. It was an honor representing Officer and we agree with the Board’s decision to overturn its previous ruling.”

Congratulations to Officer and Attorney Fitzpatrick for a successful ruling!

Can Social Media Affect My Injury Claim?

Fri, 28 Jul 2017 12:19:49 GMT

Can Social Media Affect My Injury Claim?

Did you know that 74% of adults who use the internet also use one or more social media sites? While these platforms give people a place to share their personal thoughts and feelings, there are times when such sentiments can be used against you. Your personal injury case is one of them.

It is now a common practice for insurance companies to scour through your social media accounts in hopes of finding pictures, comments, or posts that can be used to contradict or invalidate your injury claim. Below, we list a few of the ways your personal injury claim can be affected by the content of your social media account.

Don’t Post Your Medical Information

Although you might be inclined to share updates about the progress of your medical treatment or the severity of your injuries, you shouldn’t. These types of posts can inadvertently jeopardize your injury claim, even if you were unaware of their existence. It’s the job of the defense to dig up evidence that suggests your injuries are not nearly as severe as the claim purports. It is best to avoid sharing pictures or making comments regarding your injury until your case is settled.

Don’t Post Pictures of Yourself

Similar to physical injuries, insurers are on the hunt for evidence that can be used to fight against claims of emotional distress. These types of cases typically report loss of enjoyment, anxiety, depression, withdrawal, and isolation as the result of an injury. While pictures showing the claimant happy seem like an obvious target, trivial posts like a birthday message from a friend could be used to show you are not socially isolated, among other things.

Remember, your social media accounts are public record. Anything you post on the internet, or what others post about you, can potentially be used as evidence to discredit your injury claim. However, private messages can’t be accessed without a warrant or your consent.

Insurance adjusters will look for anything on social media that could help them avoid taking full responsibility for your claim. Our Waterbury personal injury lawyers have the necessary experience to help you seek the justice and compensation you deserve. We’ve been protecting the rights of injury victims since 1978. Let us put our extensive legal knowledge to work for you.

Call (203) 583-8299, or contact our team of Connecticut personal injury attorneys today!

Our Personal Injury Attorneys Can Help

Mistakes That Might Result in Denied Car Accident Claims

Tue, 11 Jul 2017 12:22:22 GMT

Mistakes That Might Result in Denied Car Accident Claims

Car accidents are overwhelming, especially if you sustained injuries. Survivors are often left shocked, in pain, and further stressed by costly medical bills and the inability to return to work. In the midst of this chaos and frustration, mistakes are sometimes made that could severely cripple a car accident claim, resulting in a denial. Remember, insurance companies are not your friend and will take advantage of any mistake you make to ensure you receive either a reduced amount or nothing at all.

Here are some of the most common reasons why an insurance claim might be denied:

You have limited coverage: If you are only carrying liability insurance, you will not be covered for losses that result from theft or damage to your own vehicle, so be sure to fully read and understand your insurance policy.
You did not pay your premium on time: Life is not always perfect and sometimes we face financially difficult times. While it might be tempting to skip an insurance premium, bear in mind that doing so can result in canceled coverage. Even if you do not get involved in an accident, failing to pay your premium can still result in legal troubles.
You failed to notify your insurance company of important changes: Even seemingly small changes can result in nullified coverage. Let your insurer know if a new family member begins driving your car. If he or she gets into a crash, your plan might not cover it.
You allowed someone who is not covered to drive your car: Sure, your friends or family members might be incredibly grateful if you let them borrow your vehicle, but depending on the specific terms of your insurance plan, doing so can lead an insurer to refuse to pay a claim if they get into an accident. Err on the side of caution and check the terms and conditions before allowing anyone else to drive your car.
You let your driver’s license expire: If you forget to renew your license, you will not be covered if you are involved in a car accident.

Waterbury Car Accident Attorneys

At Fitzpatrick Santos Sousa Perugini P.C., our Waterbury car accident attorneys are here to support and represent you if you have been injured in a car accident. Our goal is to help you recover from your physical and emotional losses as quickly and painlessly as possible and will dedicate our experience, skills, and resources to ensure justice is served.

Contact our office today at (203) 583-8299 to schedule a free consultation.

The Steps of a Personal Injury Case

Thu, 22 Jun 2017 12:26:31 GMT

The Steps of a Personal Injury Case

When we’re contacted by someone who has been injured and is considering retaining our counsel for filing a lawsuit, we often receive a number of common questions. These questions are often centered around what someone can expect on the road ahead, how much their case is worth, and perhaps most common, how long until they’ll get paid. While we’d love to be able to answer those questions with guarantees as quickly as possible, the truth is there’s no way we can give a definitive answer from just an initial case evaluation. However, by learning more about the lawsuit process, you can get a better picture of what to expect on the journey ahead.

Let’s take a closer look at the lawsuit process. Keep in mind that your actual case may vary from this procedure considerably based on the circumstances of your injury, evidence, and countless other factors.

1. Consultation with an Attorney

If you’re coming to an attorney, you’re already at the first step of the process. Speaking with a lawyer about your case for the first time is the first step towards obtaining compensation. Your initial consultation will consist of you discussing what happened, the pain you’re experiencing, and several other things with your lawyer, and they’ll give you their opinion on what kind of a strategy to use, what kind of settlement to pursue, and more. It’s not necessarily a bad idea to obtain a consultation from a few different lawyers so you can pick one who you feel is right for you. This is important because you’ll be discussing some deeply personal subjects with your lawyer throughout this process.

You should also use this time to find out more about an attorney and their business before signing a retainer contract; feel free to ask them about their fee structure, their experience with cases dealing with your type of injury (i.e. head injuries, car accidents, etc.), and more. Not only is it perfectly acceptable to ask your attorney about these things, but they’ll usually love the chance to tell you about the successes they’ve had in the past.

2. Investigation of your Injury

When you do decided on an attorney and sign a contract with them, they’ll fully investigate your claim, including evidence like the police report (if one exists), the accident scene itself, photographs from the accident scene, medical records, and much, much more. They’ll work with experts to reconstruct the accident, obtain as much evidence as possible, and try to do everything in their power to recreate an accurate picture of the accident scene in order to show how the accident could have been prevented, thus making you entitled to compensation for your losses. This will paint an accurate picture of the situation you are in now, how you got there, and how it should be resolved.

3. Sending an Initial Demand Letter

If your case can’t be settled through the demand and counter-offer method, you may want to file a lawsuit seeking compensation. Your attorney will advise you when this is the prudent course to take. If there’s any chance at all you can resolve your case out of court, then you should try to avoid it, since adding a judge and jury to the process can also add risk.

4. Filing a Lawsuit

Once your attorney has accurately determined the value of your case through a thorough investigation, they’ll help you formulate a demand letter which you’ll submit to the other party’s insurance company. The demand will include things like your medical bills, lost income, pain and suffering, property damages, loss of life’s enjoyment, and even possibly your future medical expenses if you’re going to need ongoing treatment for your injuries.

Don’t be surprised if this initial demand is rejected. That’s perfectly normal. Insurance companies don’t want to pay a penny more than they have to, and they’ll often reject your first demand in order to try to bring the total dollar amount down and save money.

5. Discovery

This is a process that takes place before a trial in which both parties obtain evidence from the other in order to evaluate and fully understand the other side’s arguments. This is critical for helping you formulate a better strategy for when the case goes to trial.

6. Mediation

Before the trial begins, a mediator may oversee discussions between both parties in an attempt to avoid trial. Mediation is a method of negotiation that is overseen by a mediator, usually a current or former judge, which brings both parties together in an attempt to resolve the case before going to court. If you can reach a settlement through mediation, then your case ends and you’ll receive the amount you have agreed upon, which avoids the hassle and risk or a trial.

7. Trial & Verdict

If mediation fails, you’ll have to proceed to trial. You’ll plead your case before a judge and possibly a jury as well. You will serve as the plaintiff, while the other party and their insurance company will be the defendants. Through this trial, you and your attorney will plead your case, present your arguments, examine witnesses, present evidence, and more. The other party will be given the opportunity to do the same. It’s not common for personal injury cases to go this far, but it’s important that you retain an attorney who is willing to go this far to defend and protect your rights, and takes your case with the knowledge and assumption that it could go all the way to a full trial.

At the end of your trial, your case will be given a verdict. If the jury or judge rules in your favor, they’ll order the other party to pay a particular amount, which may be the amount you demanded, maybe more, but it could be less. This is where the risk comes in during a trial: you could be awarded far less than you initially demanded, even to the point where you’re not even getting enough to cover your portion of the fault.

8. Appeal

The losing party in a trial will be given the opportunity to appeal. The appellate courts function differently from general courts, so it’s important to have an attorney on your side who’s familiar with this process.

If you have been injured and need legal help protecting your rights, let the team at Fitzpatrick Santos Sousa Perugini, P.C. help you protect your rights! Contact us today at 203.583.8299 for a free consultation.

Three Reasons You Should Have Uninsured Motorist Coverage

Thu, 08 Jun 2017 12:29:07 GMT

Three Reasons You Should Have Uninsured Motorist Coverage

The privilege of driving in the United States comes at a cost: you have to obtain a license showing you are proficient enough to operate a vehicle on public streets, and you also have to purchase insurance to give you financial backing in the event you cause an accident. However, not everyone adheres to these laws, specifically the law which mandates that you purchase coverage for any financial damage. When you are involved in an accident with one of these drivers, you may never be able to recover your losses.

This is where uninsured or underinsured motorist coverage comes in. This type of insurance is designed to step in and pay for the injuries to you and your passengers, possibly also including damage to your vehicle. However, many drivers think this is a needless expense and choose to forego it because they don’t think they’ll ever use it or that one of these unfortunate accidents won’t ever happen to them. Here are three big reasons why this is a mistake.

1. Lots of Drivers Don’t Have Insurance

Every state in the U.S. requires some form of financial protection and responsibility in order to drive. However, since you can’t discern an insured driver from an uninsured one while simply driving on the road, picking out the uninsured motorists is virtually impossible for law enforcement. This means a lot of drivers choose to gamble on not carrying insurance and hope they don’t get into an accident. Those who don’t want to take this gamble but save as much money as possible will carry the bare minimum in order to legally drive, which is nowhere near enough to pay the costs of anything more than a minor fender bender.

Uninsured motorists are everywhere, in fact it’s far more common than you might think. Some more aggressive estimates say that as many as about one in four drivers on the roads don’t have adequate insurance to cover them in the event of an accident. This means there’s a much higher chance of being hit by one of these drivers than you might think. Rather than leave yourself exposed to this risk, purchase uninsured and underinsured motorist coverage. It only takes one accident with an uninsured driver and you’ll be thankful you did.

2. Accidents Are Expensive

Do you know how much the average cost of a car accident is these days? Costs are always rising, and with the amount of special technology that goes into modern vehicles even a minor fender bender can accrue bills of well in excess of $1,000. That’s not including any injuries; surging healthcare costs can make even minor injuries suddenly become unbelievably expensive. If the person who hits you doesn’t have adequate insurance coverage, you could be stuck footing the bill for an accident you didn’t cause.

Nobody wants to have to pay those kinds of costs, especially when the accident that caused them wasn’t even their fault. Uninsured or underinsured motorist coverage makes sure you don’t have to.

3. It Doesn’t Cost Much

If you’re looking to save money or cut down on your monthly expenditures, you may be tempted to try cutting down on your insurance by waiving this coverage. What you may not realize is just how little it actually will cut down—uninsured and underinsured motorist coverage are not expensive. In fact, they cost just a few dollars more per month, and the benefits you could receive from them are immense.

In the long run, you may actually wind up paying far more money out of your own pocket in the event you are involved in an accident with an uninsured driver than you would if you paid the costs of uninsured motorist coverage for years, or even decades. This means an accident with an uninsured driver can actually place you in an even tougher financial situation than you might already be in. Save yourself the hassle, purchase and keep this coverage and there’s a good chance that one day you’ll be glad you did.

If you have been injured in a car accident, call a Waterbury car accident attorney from Fitzpatrick Santos Sousa Perugini, P.C. for a case evaluation! Dial 203.583.8299 to schedule an appointment or contact us online to get started!

Maximize Your Personal Injury Claim

Mon, 22 May 2017 12:46:57 GMT

Maximize Your Personal Injury Claim

Accidents can be devastating, leaving victims injured and faced with unexpected medical bills. Navigating the legal aspects of a personal injury claim can have people feeling hopelessly lost, on top of recovering from their injuries. There are steps you can take after a personal injury to help you prepare for filing a lawsuit or claim. These are the top tips for handling a personal injury claim:

1. Seek Medical Attention Immediately After the Accident.

Seeking medical attention is important after an injury, both for your personal wellbeing and the claim. Get care for your injuries with a medical professional before attempting to handle any claims you may wish to make. As the victim of the accident, it may fall on you to mitigate your losses by taking steps to prevent further injury or economic loss. Failing to seek proper medical attention after an injury may reduce the amount of damages you can recover.

2. File a Police Report

Filing a police report ensures you have a public record of important information about the accident. It may include names and contact information of other parties involved, as well as important facts about the event. It can be used in court if a lawsuit occurs. Some police departments will not send an officer to take a report unless someone is taken to the hospital. If this is the case, visit the police station yourself to make a counter report as soon as possible, while your version of the facts are still fresh.

Of course, you will be required to speak to the other parties involved in the accident, but be mindful of what you say. You have no responsibility to determine who is at fault or offer additional information. Avoid making statements that could complicate things, and avoid creating conflict. This also means you shouldn’t speak to insurance adjusters or allow your statement to be recorded by them without your attorney present. Insurance adjusters work to make sure the company pays the lowest amount possible on the claim. Your lawyer can help you navigate a conversation without hurting your case.

3. Watch What You Say at the Accident Scene

4. Don’t Sign Anything You Don’t Understand

It is important to make sure you completely understand any form or document you sign. If you are unsure, have your attorney look them over before signing. This remains important long after the event, if the document is still related to the accident. Forms that ask you to release the other party from liability or waive your right to a lawsuit should especially be looked over by your lawyer.

5. Keep Accurate Records of All Costs and Expenses of the Accident

This is not limited to medical bills or property damage. If the injury left you unable to work, you should record your lost wages. Create a written account of the event while the memory is sharp. You may also wish to maintain a diary of your experiences after the accident. Be sure to carefully record each activity you are unable to participate in because of the injury. Documenting all the losses you’ve experienced can make it easier to prove them in your claim or lawsuit, and ultimately easier to receive compensation.

6. Know Filing Deadlines

Be sure to follow-up with your doctor about the care you received after the accident. Be diligent about following your doctor’s orders, whether it is taking prescribed medications, attending physical therapy, or seeking other treatment. Failure to do so can be used as evidence by the opposing party that you are faking your injury. Seek emergency medical treatment immediately after the accident, and follow up with a chiropractor, diagnostic treatment (such as MRIs, CT Scans, and x-rays.), and attention from medical specialists (including a psychiatrist, neurologist, or orthopedic surgeon). Seeking the full range of treatment allows you to prove your injury to the fullest extent, as well as receive the care needed to make a strong recovery.

7. Continue Medical Care and Follow-Up Appointments

Be timely when filing your legal claim or lawsuit. For many claims, you have a certain amount of time after an accident to file with the courts. This is called the “statute of limitations,” and can vary between types of accidents.

8. Know Your Insurance Coverage

A personal injury attorney can help you understand your coverage. Many people have a no-fault medical coverage that either you or your lawyer can control. This can be used to manage payments to emergency services, provided you immediately send a letter to your insurance provider notifying them to send all medical payments to yourself or your lawyer to handle. Emergency services will make early claims and may take your entire medical payment coverage, so timeliness is important when contacting your insurance company regarding payments.

9. Avoid Trying to Settle on Your Own, but Familiarize Yourself with the Legal Process

It is unwise to attempt to settle a personal injury claim without the assistance of an attorney, but that doesn’t mean you should be completely in the dark about the legal process for filing. Research local laws and what the steps need to be taken in order to ease the process of talking to your lawyer.

10. Find the Right Lawyer

With a personal injury claim, it is important to make sure that your lawyer is experienced in personal injury and is well versed in the process of completing a claim. Take the time to determine which lawyer is best suited for your case.

Have you been injured in an accident? Our Waterbury personal injury attorneys at Fitzpatrick Santos Sousa Perugini P.C. have many years of experience fighting for the rights of injured victims. Contact us to discuss how we can help you get fair compensation for your losses.

Understanding Truck Accidents

Tue, 02 May 2017 12:51:12 GMT

Understanding Truck Accidents

Even the smallest accidents involving a semi-truck can cause enormous amounts of damage. Commercial trucks typically weigh between 10,000 and 80,000 pounds. Fully loaded and travelling at 55 miles-per-hour, a semi can take 100 yards to stop—the length of a football field. In normal traffic conditions, it is extremely rare that a truck will have the appropriate amount of distance to stop safely in an emergency. Trucks also have vast blind spots, leaving the driver to guess if there is anything in the way when merging or turning. Cars may be run off the road or struck by a truck driver who is unable to see them or who miscalculates their location. Unsecured or poorly secured cargo may fall from the truck into traffic, or a flat tire may fling pieces of tire across the road or cause the truck to swerve. It isn’t hard to see how easy it is to get into an accident with a commercial truck.

There is also a human element that adds to the danger of large trucks. The driver of the truck needs to be alert and diligent while driving, though this may not always be the case. Restrictions on drivers are in place to make sure the driver gets an adequate amount of rest, but enforcing time off doesn’t mean the driver is resting like they should. Strict timetables for travelling between locations can lead to drivers tampering with their rest periods in the computer and driving while overtired. These schedules may also push drivers to make unsafe driving decisions, such as speeding or choosing shorter, but less safe routes. Drivers may also not receive adequate training due to lack of company funds. All these factors should be taken into consideration when investigating the cause of a truck accident.

Not only are trucks dangerous due to their size, but the commercial aspect of many adds complications to accidents involving these vehicles. Commercial vehicles may be owner-operator, meaning the driver owns the truck and is self-employed, or they may be owned by a company and the driver is an employee of the company. Depending on who owns the truck, you may find yourself talking with multiple people and lawyers during the course of a truck accident.

Injuries stemming from truck accidents can be catastrophic, resulting in death in the worst cases. These injuries can require ongoing treatment that lasts months, if not years, and can cause the victim of a trucking accident to incur higher medical expenses than those involved in a car accident. There may be a loss of income or wages if the victim is unable to work, pain and suffering during recovery (both physical and emotional), and the victim may be permanently disabled as a result of the accident.

Insurance carried by trucking companies is substantial, as required by law. Drivers may have their own separate policy from the company as well. If both the driver and the company are legally liable, you may find yourself dealing with multiple insurance companies, all of which will attempt to settle for the minimum payment. You may not receive enough to cover your losses if this is the case. An experienced truck accident attorney can help you navigate the insurance process.

Proving negligence is the most important step in settling a case involving a truck accident. This can be the most difficult part to prove as there may be insufficient or falsified records. Truck drivers are also bound by local traffic laws, and regulations have been put in place by the Federal Motor Carrier Safety Administration (FMCSA). If any of these laws were broken, and an accident occurred as a result, you can make a claim or lawsuit for compensation.

A truck accident can disrupt your life and cause undue suffering. If you have been involved in a truck accident, get in touch with Waterbury personal injury attorneys at Fitzpatrick Mariano Santos Sousa P.C. and get help with your case.

Attorney Carlos Santos Honored as Top American Lawyer

Thu, 27 Apr 2017 13:05:29 GMT

Attorney Carlos Santos Honored as Top American Lawyer

Press Release: April 26, 2017

It is with great pride and honor that the Top American Lawyers announces the admission into membership of Top 1% Attorney Carlos Santos. Carlos Santos exemplifies what a Top American Lawyer stands for, including honesty, integrity, professionalism, and grit.

Only the best of the best attorneys are granted membership in Top American Lawyers. Top American Lawyers vets each member via a peer review panel to determine whether or not candidates meet the requirements of such a distinguished honor. Only after a candidate has been vetted and found to meet these requirements are they allowed admission.

Carlos Santos has demonstrated what it takes to be a Top American Lawyer. They put forth the professional attributes necessary to be the Top 1% of Attorneys in their state and are considered among the best attorneys. The Top American Lawyers is proud to have Carlos Santos as a new member in its ranks.

Congratulations Attorney Santos!

What Do I Do If the Insurance Companies Aren't On My Side After a Car Accident?

Tue, 31 Jan 2017 13:08:37 GMT

What Do I Do If the Insurance Companies Aren't On My Side After a Car Accident?

Being injured in an accident is already stressful enough as is; you don’t need the added burden of a battle with the insurance companies. It is a sad reality that many insurance companies will attempt to take advantage of victims or put themselves above the needs of injured individuals. If you were injured in a car accident and the insurance companies won’t assist you, no doubt you are worried about the medical costs and damages that are piling up.

Our Waterbury car accident lawyers at Fitzpatrick Santos Sousa Perugini P.C. share what you should do if the insurance companies aren’t supporting you in your case.

Don’t Settle Quickly

Insurance companies love to low-ball victims with small settlements early on in the case. Many victims accept this low offer because they are worried about their accumulating debts and are scared that they won’t receive another offer. However tempting, don’t accept a settlement too early. You may discover later that your injuries and damages require much more compensation when it is too late to accept a bigger settlement.

Give Your Injuries Time

Many injuries don’t make themselves known right away. If the insurance companies refuse to side with you, continue to get updates from a doctor. You may have had clear scans at the beginning of your case, only to find out later that you were severely injured in the accident. Getting continuous updates about your injuries could force the insurance companies to recognize that your injuries need compensation.

This is probably the most important step to take when facing off against insurance companies. A car accident lawyer understands how insurance companies work and how to use the system to ensure you are compensated your just due.

Following these three steps can greatly impact your chances of success when squaring off against insurance companies.

If you were injured in a car accident, contact Fitzpatrick Santos Sousa Perugini P.C. today for a consultation.

Speak to an Attorney

Why are Bus Accidents So Common?

Tue, 17 Jan 2017 13:10:16 GMT

Why are Bus Accidents So Common?

Reports show us that many people feel safer on a bus than in a car. Whether it is because they know that the vehicle is controlled by a professional driver or due to the size of the vehicle, most commuters admit to letting down their guard when riding on a bus. However, according to the U. S. Department of Transportation, you should be more concerned about your safety on buses. Data shows that bus accidents are the cause of up to 15,000 injuries and an average of 300 deaths each year.

Our Waterbury personal injury lawyers take a look at why bus accidents cause so many injuries

throughout the country.

There are a number of reasons why bus accident injuries are so common, including:

Bus driver fatigue: It is a sad reality that many professional drivers attempt to operate vehicles while tired. Driver fatigue can be caused by long shifts, overtime, insufficient breaks, and more. A driver should never attempt to operate a bus when fatigued, but many do which results in thousands of bus accidents every year.
Buses are top heavy: The design of a bus makes them difficult to maneuver safely. Buses are top heavy, causing them to roll over or flip easily. An easy turn for a small vehicle or car can be a major flip-hazard for a bus.
There are no seatbelts: In the event of an accident, passengers are likely to be injured due to the lack of safety restraints. If a bus does flip over, the passengers do not have seatbelts to keep them secure to their seats. This is one of the biggest reasons why an accident can result in an injury.

If you or your loved one was injured in a bus accident, contact Fitzpatrick Mariano Santos Sousa P.C. today. We offer legal counsel to victims of bus accidents and related injuries. Get started with a case evaluation from a member of our team!

Is It Worth Reporting a Dog Bite Incident?

Tue, 10 Jan 2017 13:13:05 GMT

Is It Worth Reporting a Dog Bite Incident?

Dog bites are a serious matter, yet many dog bite incidents go unreported. Our Waterbury personal injury attorneys have seen numerous potential cases go unfiled, simply because people make excuses for the incident taking place. If a dog has bitten you, understand that reporting the incident is important.

Most people feel like they shouldn’t report a dog bite for one of the following reasons:

“Dog bites are a common occurrence.”

Yes, this may be true. “Person Bit by Dog” is hardly a headline that will sell papers. However, this shouldn’t stop you from reporting an incident. Car accidents are also a common occurrence, but injuries sustained from a dog bite can be just as severe as an auto collision. The problem with not reporting a dog bite is that you might not be the only person to have been attacked by that dog. If no one reports dog attacks, then that dog will continue to injure others with no repercussions.

True, but by reporting the incident you would not be holding the dog liable—you would be holding the owner liable. A dog owner is responsible for monitoring their pets and taking proper precautions necessary to ensure the safety of people around them. If an owner is aware that their dog has aggressive tendencies, they must post warning signs on their property and appropriately muzzle or restrain their dog. A dog might not know better, but his or her owner should.

“It wasn’t the dog’s fault.”nce.”

Sure, you may not want to report a little nip, but most dog bites that cause injury are not just a peck. A dog bite or dog attack can cause serious injury. Also, in most dog bite cases, the victim is a child. A dog bite to a small child can cause years of physical and psychological damages.

If a dog has attacked you or someone you love, do what you can and report the incident. Our Waterbury dog bite lawyers have extensive experience representing victims of dog bites and animal attacks.

“It was just a bite.”

How Dangerous Road Design Can Impact Pedestrian Accidents

Tue, 03 Jan 2017 13:15:38 GMT

How Dangerous Road Design Can Impact Pedestrian Accidents

Pedestrian accidents can be incredibly impactful, if not fatal , to the victim. In areas of high traffic, fatal pedestrian accidents can occur weekly. Whether the pedestrian didn’t look both ways before crossing or the driver was distracted when he or she struck the pedestrian, it is easy to note who is liable when one party isn’t paying attention. But could poor road design also be a cause of pedestrian accidents? Our Waterbury personal injury lawyers explore if this factor could play a key role in these kinds of cases.

In major metropolitan areas, road design was implemented with motor vehicles in mind. By focusing on vehicles and cars, roadway designers could make moving traffic their main focus. However, they did not account for the large amount of pedestrians or cycling traffic. By only focusing on vehicles, most metropolitan roads were constructed with little to no room for pedestrian traffic to move. Safely navigating sidewalks and crossing areas can get even more difficult when building construction obstructs the path for pedestrians to move, causing them to walk into the street unsafely.

Many safety advocates believe that in order to reduce the number of pedestrian accidents, metro –area designers must consider design, landscaping, and speed reductions. Ensuring that traffic moves slowly and that there is plenty of room for pedestrians to move can improve the safety in areas of high pedestrian traffic.

If you are a pedestrian, make sure you are observing more than just the cars around you. Ask yourself these questions:

Are there any speed regulators that ensure my safety?
Are there trees, buildings, or other things that could obstruct a driver’s view?
Is there enough room for me to safely navigate this sidewalk?

If you or your loved one was involved in a pedestrian accident, contact Fitzpatrick Santos Sousa Perugini P.C. for the legal advice you need.

Tips For How To Be a Safe Driver

Fri, 23 Dec 2016 13:18:42 GMT

Tips For How To Be a Safe Driver

Driving a car is so commonplace for the majority of Americans, we tend to forget just how dangerous operating a vehicle can be. In fact, each year thousands of people are killed or injured in accidents that could have been prevented if only the driver had been less reckless or taken reasonable care on the road. At Fitzpatrick Santos Sousa Perugini P.C. , we have represented hundreds of clients injured by drivers on the road. Our Waterbury personal injury lawyer has compiled a list of tips for how you can be a safe driver.

1.Don’t Tailgate: Tailgating is one of the most common reasons for rear-end accidents. Tailgating is dangerous because it doesn’t leave enough room between you and the car in front of you to come to a full stop at the speeds you are traveling. At 60 miles an hour, most standard sedans need at least a football field length to stop. If you are not providing at least a car’s length distance between you and the car in front of you, you are likely to collide if they suddenly stop.

2.Check blind spots before changing lanes: New technology has begun assisting us with our blind spots, but remaining vigilant and aware of cars or motorcycles in your blind spots should be something you are always practicing.

3.Keep your eyes on the road: Teens are especially at risk of getting into car accidents because they were checking a notification on their phone instead of keeping their eyes on the road. Checking your phone while you are driving could be fatal, keep your eyes on the road while driving.

4.Use your turn signal: Your turn signal should be used to signal you are turning, but it should also be used when you are signaling to other drivers that you intend to merge into their lane. It is impossible for drivers on the road to know your intentions unless you tell them using your turn signal.

5.Don’t drink and drive: Drinking and driving is not only dangerous, but it is illegal. Thousands of people die because people choose to get behind the wheel while impaired each year, and often these fatalities are not the drivers themselves, but other innocent drivers on the road who happened to be in the wrong place at the wrong time.

The next time you put your keys in the ignition, we hope you remember these tips and drive safe. If you were injured in a car accident, contact our Waterbury personal injury attorney to discuss your case.

Why You Should See a Doctor Right After an Accident

Mon, 19 Dec 2016 13:21:38 GMT

Why You Should See a Doctor Right After an Accident

You’ve just been in a car accident. You don’t remember exactly what happened, but you wake up to notice the air bags have gone off. You do a quick scan to make sure nothing is broken or bleeding and then you exit the vehicle. Aside from the damage to your car and the other cars involved, everyone seems all right. You exchange information and decide to skip seeing your doctor. A few days later, you notice you are in pain, but you’ve already informed your insurance adjuster and the other party’s insurance adjuster that you didn’t sustain any injuries.

This situation is very common amongst accident victims. Whether you were involved in a car accident , slip and fall injury , burn accident or snow and ice accident, our Waterbury personal injury attorney explains why you should always see a doctor after an accident.

What happens if I wait to see my doctor after an accident?

If you were injured and you wait to see your doctor until weeks after the accident, your insurance adjuster and the negligent party’s insurance adjuster could argue that you sustained your injury after the accident. You will have the burden of proving there was no way for you to sustain this type of injury from any other incident other than your accident. The claims adjuster will use this failure to seek medical attention until well after the accident as leverage for you to be compensated less.

Additionally, closed-head injuries, such as concussions other traumatic brain injuries may not display their symptoms for weeks or even months after your accident. A trained doctor can take x-rays, conduct an MRI and run other tests to make sure you have not suffered a traumatic brain injury after your accident.

If you experience these symptoms, visit your doctor right away:

Mood swings or changes in behavior

Difficulties remembering things

Trouble completing basic tasks

Blurred vision, headaches or slurred speech

Excessive sleepiness or desire to sleep

If you did wait till after you accident to see a doctor, there is still hope you will be able to recover compensation for your injuries. Contact our Waterbury personal injury lawyer today to discuss your case.

Get Our Help with Your Claim

What is Title Insurance?

Mon, 05 Dec 2016 13:23:47 GMT

What is Title Insurance?

Title insurance is a means of protecting lenders and real property owners against title errors or defects in the property that could arise after the purchase of the property. Title insurance is different than other home, car or health insurance in that it does not protect from occurrences that could arise in the future, but instead from issues that occurred in the past.

What is a title defect?

A title defect is the legal right to claim ownership of the property. For example, you purchase a home from a real estate owner, and it is later found that buried in someone’s will, another person had the right to inherit this property. Without title insurance, the new homeowner could face a title dispute with the beneficiary of the property.

Do I need title insurance?

Most mortgage companies require title insurance that releases them of liability for title defects to offer a loan. This policy is designed to protect the lender’s interest in the property against loss from unknown title defects. In addition to lender’s title insurance, owner’s title insurance is also offered. While you are not legally required to purchase this insurance coverage, it is recommended as this coverage can protect you from the following:

The time and cost of defending your property rights
You will be reimbursed for your losses caused by defects in title
Undiscovered title defects such as forged documents, liens on the property due to unpaid taxes, and missing heirs who may later come forward to claim the property.

If you are dealing with a title dispute, contact our skilled Waterbury real estate lawyer to discuss your case. (203) 583-8299

How to Get Rid of Private Mortgage Insurance

Thu, 01 Dec 2016 13:26:15 GMT

How to Get Rid of Private Mortgage Insurance

With the prices of housing skyrocketing in places like New York, Los Angeles, and San Francisco, homeowners interested in purchasing housing have started putting less than 20% down on a home. If you put less than 20%, your lender requires you to purchase private mortgage insurance to protect against you defaulting on your loan.

How to Remove PMI

PMI can be expensive, but there are ways you can qualify to not be required to purchase PMI for your loan after purchasing your home. First, you must have at 20% equity in your home; once you have paid at least that much, you can request your lender cancel your policy. Once you have paid at least 22% equity into your home, your lender is required to remove PMI.

Removing PMI Sooner

There are four ways you can remove PMI sooner than by simply waiting until you’ve invested 20% equity into your home.

1.Remodel your home - Often adding a new room, installing a pool or remodeling your kitchen, bathroom or other rooms in your home can increase the overall value of your home. Once you have finished the remodel, ask your lender to recalculate the value of your home, the ratio amount loaned to the value of your home might be less than 80%.

2.Refinance – If you bought your home and since purchasing, the value has increased, refinancing is one way to remove the lender’s requirement for PMI.

3.Prepay your loan— If you have the extra cash, consider paying more off on your loan.

4.Reappraise your house— Some lenders will consider the new value of your home over the value of what it was when you purchased.

Your lender is legally obligated to tell you how many years or months until you are able to pay your loan down enough to cancel your PMI. If you your rights have been violated by the mortgage company, our Waterbury real estate lawyer can help you. Call today to discuss your case . (203) 583-8299

How Does a Breach of Contract Affect Small Businesses?

Thu, 24 Nov 2016 13:28:37 GMT

How Does a Breach of Contract Affect Small Businesses?

If you are a small business owner, you more than likely understand the importance of a contract. A breach of a contract can be followed by a lot of frustration and ill-feelings. It can result in a waste of time, resources, and money. Understanding the ways in which a breach of contract can impact a small business can help you better determine whether or not to file suit. Our legal team at Fitzpatrick Santos Sousa Perugini P.C. explains what you should know.

Not all breaches of contract are the same. There are four main kinds of breaches:

Minor Breach – These are considered a partial breach. For example, if you enter into an agreement with someone and they complete it, but not up to your standards, you cannot follow suit due to a lack of performance. You might, however, be able to sue for monetary damages and demand it be corrected.

Anticipatory Breach – This allows for one party in the agreement to claim that the contract has been broken based on the fact that the other party will not execute his or her end of the deal within the time allotted in the agreement. For example, if you paid someone to paint your house by April 1 ^st and he or she still hasn’t begun by March 30 ^th , you can potentially collect monetary damages since the job will not be completed within the allotted amount of time.

Fundamental Breach – This is a violation of contract that allows the wronged party to stop the performance of the contract and sue for damages. For example, if you entered into a contract to move into an apartment but on the move in day your apartment had already been rented out to another person. You could sue for damages and have the landlord uphold his or her original agreement. These breaches are likely to end up in court.

Material Breach – This is considered one of the most serious breaches of contract. It is the failure to complete one’s duties or uphold one’s end of the deal. If you complete a job and are not paid for that job, the party that refuses to pay is in violation of their agreement and not upholding their end of the deal.

If you are facing a dispute over a breach of contract, contact Fitzpatrick Santos Sousa Perugini P.C. today!

Tips for Driving Safely this Winter Season

Mon, 07 Nov 2016 13:30:57 GMT

Tips for Driving Safely this Winter Season

During the winter, driving conditions can become incredibly hazardous. Ice and snow cause hundreds of auto accidents each year. Fitzpatrick Santos Sousa Perugini P.C. shares some safety tips to help reduce your risk of an accident while on the road.

Things you should look out for and how to respond:

Ice and black ice – The traction on your tires can become useless on roads covered in ice, packed snow, or sleet. The rubber cannot grip the slippery surface, which can cause your vehicle to slide or spin out. Black ice can be deceptive in appearance, and many drivers might misinterpret it as a wet road. Keeping a safe distance between you and the vehicle in front of you can keep you from slipping into their bumper. If you feel like your car is beginning to spin out, take your foot off the gas pedal and spin your steering wheel in the opposite direction.

Bad Road Conditions – Poor weather conditions and the process of freezing and thawing can greatly damage a road. Be on the lookout for large potholes or other forms of damage. It is also good to remember that pulling over safely onto a shoulder might be impossible since snow is often piled up there. Keep your eyes open for dangerous conditions and for areas to safely pull over if you need to.

Poor Visibility – Heavy snow or sleet can make visibility while driving near impossible. If you are having difficulty seeing what is in front of you or behind you, slow down your vehicle to a safe speed or pull over and wait for the snow to subside. Also, always make sure you are driving with your headlights on.

Contact Fitzpatrick Santos Sousa Perugini P.C. if you have been injured in an auto accident. We can secure the compensation you need to recover.

FDA Warns Against Fake Diabetes Products

Tue, 01 Nov 2016 13:33:37 GMT

FDA Warns Against Fake Diabetes Products

November is National Diabetes Awareness Month, and according to the Centers for Disease Control and Prevention, over 29 million Americans are living with diabetes. This month the Food and Drug Administration has issued a warning against using products that were illegally marketed with promises to cure, prevent or treat diabetes.

The FDA has advised consumers do not use these products because they could contain harmful ingredients. They also advise customers that these products could be sold as over the counter medicines when in reality, they should be marketed as a prescription medication. The FDA is concerned that these products might cause people currently using effective treatments to discontinue their diabetes treatments. When someone stops properly managing their diabetes, they are at a serious risk of developing health complications.

The FDA warns consumers if it sounds too good to be true, it’s most likely a fraud. Common phrases to look out for include:

“Lowers your blood sugar naturally.”
“Protects you kidneys, eyes and blood vessels from damage.”
“Replaces your regular diabetic medicine.”
“Natural cure for diabetes.”
“Treatment to relieve all symptoms of diabetes.”

In November 2016, the FDA issued written warnings to several companies indicating that they have violated federal law. After performing laboratory tests on these illegally marketed drugs, the FDA found undeclared active ingredients known to cause serious harm, especially if the products are taken with other diabetic treatments.

If you or someone you love was injured by taking these illegally marketed, dangerous drugs, our Naugatuck product liability attorney can help you. We believe these companies should be held responsible for the damages and injuries they have caused. If you are facing extensive medical bills and lost wages from an inability to work due to your injuries, we at Fitzpatrick Santos Sousa Perugini P.C can fight for you to get the compensation you need.

Give us a call today to get started. (203) 583-8299

Injured by a Drunk Driver on Halloween?

Mon, 31 Oct 2016 13:35:49 GMT

Injured by a Drunk Driver on Halloween?

For many adults, Halloween is a time to let loose and have a little fun. Often this fun includes drinking alcohol. Statistically, over 40 percent of all automobile accidents that occur on Halloween are alcohol related. If you or someone you love was injured by a reckless, drunk driver on Halloween, the skilled, compassionate team at Fitzpatrick Santos Sousa Perugini P.C is ready to help you.

The party responsible for causing your accident will be charged with criminal offenses and tried in criminal court for his or her crimes, but you as a personal injury victim have the right to file a claim in civil court regarding your injuries.

Often insurance companies offer settlements as quickly as possible after your accident, so they do not have to factor in the total cost of your loss. If you were severely injured, you could face high medical bills, loss of wages from time taken off work, and expenses incurred due to traveling between your doctor’s office and home. For many people in your position, it becomes difficult to make ends meet. Remember, insurance companies are generally more concerned with making a profit than they are with ensuring you and your family receive a comparable settlement.

Benefits of filing a lawsuit after you were injured by a drunk driver:

We gather evidence and speak to the insurance company so you can focus on healing

We can fight for you to recover the maximum compensation offered

You will have to worry less about the livelihood of your family

We can work on a contingency fee basis, meaning you don’t pay us unless we win

Fighting for victims injured on Halloween

People talk about how spooky the ghosts, ghouls, gore and guts are on Halloween but the scary part of Halloween is the statistics of drunk driving related accidents that occur on this night. If you were injured on your way home from a Halloween party, our Naugatuck personal injury lawyer could help you fight for the compensation you need to move forward.

Give us a call today to schedule a consultation today .

Waterbury Car Accident 101: What To Do Immediately Following An Accident

Fri, 21 Oct 2016 13:40:02 GMT

Waterbury Car Accident 101: What To Do Immediately Following An Accident

You are a great driver. But sometimes, your skills on the road will not stop an accident from happening. If you drive in the Waterbury area, or are unfortunate enough to spend time around I-84, driving is stressful. Waterbury is filled with constant stop-and-go traffic, numerous lane-shifts, and merging in the left and right lanes of the highway. Interstate 84 is also a major route for travelers and truckers getting between New York and Boston, who may not be familiar with the area. No matter how good your driving skills are, it may not enough to overcome these dangerous conditions. Accidents happen.

Whether you are involved in your first car accident or have had experience, the moments directly after the crash are crucial to your case. What you say, what you do, and who you talk to may predetermine the outcome of your case. You must put emotion to the side, and handle these moments delicately and honestly.

If you are ever involved in a car accident, follow these steps to ensure that you are protected.

Stay Calm- This is very important. A person that is angry or stressed from a motor vehicle crash may fly off the handle, and make statements to you, the other parties, or the police, that can be used to their detriment at a later time.
Call The Police- Even if you believe this is a minor collision, call the police. If it is major, call 911. Many insurance companies require a police report, obtaining one will move your case along quicker and with more clarity.
Take Pictures Immediately- Use your phone if you have to, but take as many pictures as possible, including your vehicle, the other vehicle(s), and an overview of the scene (including stop lights, stop signs, skid-marks, etc). Many times, the police will instruct you to move your vehicles to the side of the road or a nearby parking lot. If possible, take pictures before the vehicles are moved. Further, insurance companies analyze photographs to determine fault.
Accurate Statements- If you can properly recall the events, tell the police exactly what happened, but never admit fault. If you or the other party admits fault, that will be considered evidence and used against you. If a witness claims it was your fault, that will not be considered evidence, unless that witness appears in court. A court will preclude witness statements if the other party tries to bring those statements in as evidence, commonly known as the “hearsay” rule. For example, imagine a witness tells the police it was your fault and it is written into the police report. But, the witness does not show up to court. That statement will most likely be excluded from the case because it is hearsay. However, anything that you, or the other party says, is called an “admission,” which is considered an exception to hearsay. So, if you admit or say anything at the scene, it can be used against you.
“Are you injured?”- The police will ask you this question as standard protocol. As an attorney, this is the biggest mistake I see clients make. After an accident, adrenaline is rushing, stress levels are peaking, and clients just want to get away. A police officer will ask a person if they are injured, and that person often responds “No.” Then within the next few days, realizes that they are having neck/back discomfort and seek treatment. Many spinal and soft tissue injuries get worse over time, and are not readily apparent just after a collision. Insurance companies love to use this against you. In discussing potential settlements or lawsuits, we always face the following question: “Your client claims they are injured, but they told the police officer at the scene that they were not injured.” Moral of the story, if you are hurt, tell the police officer. If you are not sure, say “I don’t know.” Unless you are absolutely certain that you are not injured, you should seek immediate medical treatment at the local emergency room or your physician.
Exchange Information- This may also be done by the police, but it will move things along quicker if you get a picture of the other person’s driver’s license and insurance identification card.
Look for Witnesses- If this was a busy intersection, or other vehicles stopped, ask for witness information so your attorney can contact them in the future. If a lawsuit (complaint) is filed down the road, another popular tactic by the insurance company is to deny that it was their insured’s fault, and they will blame you. This is called a “special defense.” If there are independent witnesses to back up your set of facts, we can move to throw those defenses out and it will strengthen your case.
Start a Journal- Keeping a written record of the accident, your injuries, and the impact on your life is extremely helpful. If there are certain activities that you are having trouble with because of the accident, write it down. If your injuries interrupt your sleep, write it down. Many personal injury lawsuits take three to four years before a final judgment, keeping a written record will be helpful for you and your attorney.
Protect Your Rights & Say Little to Insurance Companies- If you are involved in a car accident at 1 pm, you may get a call from an insurance company at 2 pm. This can be your insurance company, or the other party’s. Insurance companies want this statement as quickly as possible, before you speak with an attorney. They will record it, and attempt to determine who is at fault. It is fine to contact your own company to let them know an accident happened, but never admit fault and do not give a detailed statement. You do not have to speak with them. Talk with an attorney first and protect your rights.
Make an Appointment- In personal injury claims, attorneys work on a contingency fee basis. This means that an attorney is not paid until a final settlement or judgment by the court, and payment comes directly from that settlement/judgment. It will cost you nothing to make an appointment and obtain advice on how to handle the ins and outs of a car accident.

As an Attorney I can never promise results. What I can promise, is that I will personally meet with you, listen to your situation, and make a recommendation. Call or e-mail Attorney Tim Fitzpatrick in Naugatuck, Connecticut if you have been involved in a car accident at 203-729-4555 or tim@fmslaw.org.

This article was written by Attorney Tim Fitzpatrick of Fitzpatrick | Mariano | Santos | Sousa P.C.

Winter Driving Safety Tips for CT Drivers

Wed, 19 Oct 2016 13:42:11 GMT

Winter Driving Safety Tips for CT Drivers

Fall will soon turn to winter and as many of us know, with winter, comes snow. While snow can be beautiful, it can also lead to dangerous driving conditions on the road. If you are planning to drive this winter, there are steps you can take to help prevent injuries or death. Check out this guide from our Naugatuck personal injury attorney.

Be Prepared – Whether this is your first Connecticut winter or you are a hardened veteran of Northeast winters, it doesn’t hurt to always be prepared. Before temperatures start to drop, prepare a winter survival kit for your car, which includes:

Ice scraper
Flashlight
Sand and salt
Jumper cables
Water and non-perishable snacks
First-aid kit
Safety emergency blanket
Snow shovel

Make sure scheduled maintenance is up-to-date – The worst thing that could happen would be for you to get stuck in a snow storm because of a preventable mechanical failure. Before the months start to get cold, have your mechanic check out your car’s fluids, belts, hoses and other systems. If you live in an area that sees a significant amount of snow, consider having snow tires installed.

Learn how to brake on slippery surfaces – West Coast transplants may not be as familiar with how to break on wet surfaces so you may want to start doing some research. Most cars made after 2004 have antilock braking systems which allow your wheels to maintain tractive contact with the road surface while breaking, but if your vehicle is older than 2004, you might not have this feature. Check your owner’s manual for more information on whether or not your car has this feature.

Keep Your Car at Half a Tank – If you are able to keep your car at half a tank at all times, this can be helpful to ensure you have a source of heat if you are stuck or stranded in a snowstorm.

We at Fitzpatrick Santos Sousa Perugini P.C hope you and your family have a safe winter this year. While we hope people are not injured, we understand that accidents happen. If you or a loved one was injured by a negligent driver, our skilled Naugatuck personal injury attorney could help you fight for proper compensation for your injuries.

Contact our offices today to speak with our legal team.

How a Real Estate Attorney Can Help You

Wed, 03 Aug 2016 13:46:36 GMT

For most, buying a family home is one of the most significant purchases of their lives. Purchasing property is a huge investment, but it can also be incredibly complex for first-time buyers and sellers. Hiring a real estate attorney can help you avoid some of the common problems associated with buying or selling a home. Keep reading to learn more about how our Naugatuck real estate lawyer can help you avoid the most common pitfalls of real estate.

How a Real Estate Attorney Can Help You

When you hire a Connecticut real estate attorney, you are hiring someone who is well-versed the practice areas most associated with buying and selling a property. As lawyers, we know just what to investigate, where to look and how to draw up legally correct contracts designed to fit your needs. Often your real estate agent is working off a template or ready-made contracts, and certain aspects of your transaction can slip through the cracks.

A good real estate attorney could help you do a thorough search on any existing liens on the property your real estate agent may have missed. For example, if you decide to purchase a house without an attorney, and your real estate agents misses a preexisting tax lien on the property, you could buy the home and now be responsible for paying the lien.

In addition to extensive investigations prior to purchasing your home, a real estate attorney can also help with property transfers and filings. The law requires real estate deeds to be filed at the county and state level. If your property transaction involves areas that are regulated or zoned to prohibit certain types of construction, the filing process can be extremely complicated. An experienced Connecticut real estate attorney can navigate through this process quickly and efficiently.

Lawyers Can Do What Your Agent Can’t

Contact a Naugatuck Real Estate Lawyer

Whether you are buying or selling, enlisting the help of a qualified, seasoned Naugatuck real estate lawyer can help you ensure you are getting exactly what you’ve paid for. Don’t wait until the contracts are signed and you have closed escrow to call us, contact us today and get a leg up on the process.

Call (203) 583-8299 to schedule your free consultation.

Conviction Overturned for Driver Using Cell-Phone in Connecticut

Fri, 27 May 2016 13:49:42 GMT

Conviction Overturned for Driver Using Cell-Phone in Connecticut

The Case: State v. Dunbar

On April 29, 2014 Lonnie Dunbar was driving on Route 66 in Columbia, Connecticut when he received a phone call. Wearing a head-set, he grabbed his phone, brought it to about “steering-wheel level,” and tapped the “answer” button.

At the same time Dunbar grabbed at his phone, State Trooper Josh McElroy sat thirty feet away, watching Route 66 looking for traffic violations. McElroy turned on the lights, pulled Dunbar over, and issued him a citation for operating his cell phone while driving, a violation of Connecticut General Statutes § 14-296aa.

Mr. Dunbar pled not guilty and went to Court. There, the trial Court found Dunbar guilty, ruling that the State provided sufficient evidence to prove beyond a reasonable doubt that Dunbar was “using” his phone and therefore, in violation of Connecticut law. Dunbar appealed.

On appeal, the State re-argued that it offered enough evidence to prove, beyond a reasonable doubt, that Dunbar was guilty. First, the State offered the eye-witness testimony of State Trooper McElroy, who explained that he saw Dunbar holding the phone near the steering wheel and that he appeared to be wearing some sort of “walk-man.” Second, McElroy testified that when he approached Dunbar’s vehicle, Dunbar admitted that he picked up his phone and answered it. In sum, the State has Trooper McElroy, and Dunbar testifying that the phone was in use.

However, Dunbar, representing himself, also had an argument. Remember the walk-man? The more likely scenario, since it is no longer 1989, is exactly what Dunbar explained. He testified that the alleged walk-man was actually a microphone and headset that he used to answer calls, which is completely legal under Connecticut law. So when he grabbed his phone and brought it to steering-wheel level, it was simply to tap the “answer” button.

The question for the Court became: Has the State provided sufficient evidence, beyond a reasonable doubt, that Dunbar violated the law? In order to answer that question, see the law below.

The Law:

“No person shall operate a motor vehicle while [1] using a hand-held mobile telephone to [2] engage in a call.” C.G.S. §14-296aa(b)(1).

First question, what is “usage?” In the definitions section of the statute, usage is defined as “holding a mobile-phone to, or in the immediate proximity of, the user’s ear.” C.G.S. §14-296aa(2).

Second question, what is the distance to determine “immediate proximity?” Again in the definitions section, the statute states: “immediate proximity means the distance that permits the operator of a hand-held mobile telephone to hear telecommunications…but does not require physical contact with such operator’s ear.” C.G.S. §14-296aa(7).

After the first two questions to determine if Dunbar was “using” the phone, there is no clear answer. The testimony explained that the cell phone was held at steering-wheel level. Is that close enough? Maybe, maybe not. Let’s move on.

Third question (assuming that Dunbar is guilty of “using” the phone), what is the legal definition of “engaging” in a call? Do you have to be really focused on that call, engaged in the conversation? Fortunately, the law defines it for us, as “talking into or listening on a hand-held mobile telephone, but does not include holding a hand-held mobile telephone to activate, deactivate, or initiate a function of such telephone. ” C.G.S. §14-296aa(6).

Take Dunbar’s testimony: that he had a headset on, his phone rang, and he clicked the “answer” button. According to Dunbar, he never brought the phone up to his ear, and he was simply activating the call. Is this believable? Sure. But more importantly, does it cast any reasonable doubt on the State’s argument that he violated the law? Absolutely.

After all testimony, the appellate Court agreed with Dunbar. There is simply not enough evidence to prove, beyond a reasonable doubt, that he held the phone close enough to his ear to engage in a call. Dunbar’s conviction has been overturned. With heavy budget cuts to Connecticut’s judicial system, do not expect the State to expend resources by appealing to the Supreme Court.

What About Texting?

Don’t do it, texting is forbidden under the statute regardless of whether you are sending or receiving a text: “an operator of a motor vehicle who types, sends, or reads a text message while operating a motor vehicle.” C.G.S. § 14-296aa(b)(1). Unlike calling, there is little room for interpretation with texting. However, if you are ticketed for texting, remember that the State must still prove beyond a reasonable doubt that you were texting, which is nearly impossible unless they obtain your text records.

There are reasons for cell-phone usage laws while driving, we all know that, and we know there is good intent behind the law. However, the burden on the State to prove that you violated the law is heavy. Before checking “guilty” and paying your fine, think about what the State can actually prove, what you can prove, and do not fear our judicial system.

Marijuana Convictions Erased in Connecticut

Tue, 19 Apr 2016 13:51:36 GMT

Marijuana Convictions Erased in Connecticut

Over the last few years, the Connecticut Legislature has been easing marijuana conviction laws. For example, if you were arrested for possession of a small amount of marijuana (less than 1/2 ounce) in 2007, you would have been arrested and convicted of a crime. While you may not have jail time, the stigma of being a convict is heavy. If an employer, or a landlord, asks if you have ever been convicted of a crime, you must check "Yes."

For many unfortunate people, this meant an automatic denial of employment and/or housing.

But since 2011, the same charge has been decriminalized. Take the same scenario as in the first paragraph, but in the current year. The person arrested will no longer have a conviction on his/her record because possession of less than 1/2 ounce is now decriminalized. The more difficult question becomes, what about the people convicted prior to 2011, prior to the enactment of decriminalization? The person who was convicted in the first paragraph, in 2007, still has that stigma of being a convict.

Luckily, the Connecticut Supreme Court in 2015 answered the question in State v. Meditto, SC 19272 (2015). The Court held, that if a person was convicted of the crime of possession for less than 1/2 ounce of marijuana prior to 2011, he/she now has the right to petition the Court for destruction of those records. If the petition is granted, any record associated with a conviction (police report, arrest record, certified conviction by the court) will be destroyed.

Following the Court's decision, this office has successfully petitioned the court to destroy the records of our client. If you have a stale conviction on your record, please contact Attorney Tim Fitzpatrick at our office, (203) 729-4555 for a case evaluation.