Owens, Schine, & Nicola, P.C.Owens, Schine, & Nicola, P.C.2023-04-10T10:56:23Zhttps://www.osn-pc.com/feed/atom/WordPress/wp-content/uploads/sites/1401880/2020/03/cropped-OSN_FAVICON_512x512_MAR20-32x32.jpgOn Behalf of Owens, Schine, & Nicola, P.C.https://www.osn-pc.com/?p=491732021-01-22T19:51:41Z2021-01-22T19:51:41Zmotor vehicle crashes and resulting outcomes underscores that, noting that car accidents “can result in devastating injuries.”
That is nowhere more apparent than concerning one distinct demographic, which we spotlight below.
The outsized vulnerability of Connecticut pedestrians
Walkers across Connecticut comprise the highest at-risk group when it comes to vehicle accidents and injury outcomes.
That is hardly surprising, right? Pedestrians are flatly exposed in any encounter involving a motorized vehicle. Broad-based empirical evidence highlights just how serious a problem pedestrian injuries and deaths are in Connecticut. Here are a couple key takeaways relevant to 2020 that were recently reported in the Connecticut online media publication The Day:
840-plus motor vehicle accidents involving pedestrians
65 pedestrian fatalities
The Day stresses a heightened significance attached to those numbers, namely this: Those statistics link to a year where motorized activity on state roadways was highly curtailed owing to the ongoing health pandemic. Notwithstanding that, walker fatalities in 2020 still exceeded those that occurred during 2019.
The bottom line: 2020 was “exceptionally deadly” for Connecticut’s pedestrians.
How can Connecticut’s pedestrian safety picture be improved?
Last year was unquestionably notable from a lawmaking perspective, given than many proposed legislative bills stalled as a result of the health crisis.
One of those would-be laws was introduced in the Connecticut Assembly before being shelved. It is now being dusted off and garnering renewed attention. Lawmakers might soon be asked to consider a number of walker-friendly initiatives, including these:
Expanded right-of-way prerogatives for walkers seeking to cross intersections
More power given to municipalities that seek to lower speed limits within their communities (that is, less required state-level input)
Hiked fines doled out to individuals caught using cellphones while driving
Passage of any of those proposals would certainly spell relief for what is unquestionably a notably exposed group.
Walkers are vulnerable. They need all the legal protection they can get.]]>On Behalf of Owens, Schine, & Nicola, P.C.https://www.osn-pc.com/?p=491712020-12-31T18:48:31Z2020-12-31T18:48:31ZConnecticut’s statute of limitations for personal injury actions
Because Connecticut has fault-based insurance laws, any insurance claim you make after a car accident will go through the responsible motorist’s insurance company. These laws also allow you to file a lawsuit against the responsible motorist if circumstances warrant it. Keep in mind, though, that you must proceed with your lawsuit within the state’s statute of limitations for personal injury actions. Under it, you have two years from the date you sustained or discovered your injuries to move forward with one. If you file your lawsuit outside the statute of limitations, the court will likely dismiss it.
There are certain situations where the statute of limitations in your case could toll. This means that it suspends until a later date, which will give you more time to file your lawsuit. To determine if tolling will affect your case, you will want to consult your attorney.
Connecticut’s statute of limitations for product liability actions
The injuries you sustained in your car accident might have stemmed, in part or in full, from defects in your vehicle or its parts. In this case, you will want to file a product liability lawsuit against the appropriate party. This may be your vehicle’s manufacturer, or it may be the defective part’s manufacturer. Regardless, Connecticut’s statute of limitations for product liability cases is three years from the date you sustained or discovered your injuries.
After sustaining injuries in a car accident, you will want to make sure that the compensation you receive reflects your needs. If you have concerns about receiving an appropriate settlement, a personal injury attorney can help you fight for one.]]>On Behalf of Owens, Schine, & Nicola, P.C.https://www.osn-pc.com/?p=491692020-12-05T20:59:35Z2020-12-05T20:59:35Zuses what is called equitable distribution. Under equitable distribution, a court can divide the marital estate how they see fit. A judge may still determine that 50-50 is the fair share for each party, but under state law can award any or all of one spouse’s estate to the other spouse.
What property will you lose or gain?
The good news is the law lays out specific criteria for courts to use in their decision-making. Your ruling is not random. Some of those criteria include:
The length of the marriage and the reasons for the divorce
The earning potential of each spouse, including education and their ability to work
Each spouse’s income and sources of income
Both spouse’s contribution to the estates
What you stand to gain or lose in your really depends on your unique circumstances. There is no all-encompassing answer to this question. Yet, because of how dependent the outcome of your case is, it’s important to ensure you receive all the property the law entitles you to. Similarly, it’s also important not to lose more property than you should. The facts of your divorce are unique and require a customized legal strategy to ensure the best possible outcome.
]]>On Behalf of Owens, Schine, & Nicola, P.C.https://www.osn-pc.com/?p=491652020-10-22T03:31:57Z2020-10-22T03:31:57ZFighting challenges of nighttime driving
You might take night drives year-round, but now is a good time as any to review the risks of driving after the sun sets and make changes to increase your safety. According to Texas A&M Transportation Institute, there are several ways that the night’s dark sky can limit one’s visibility. Less light creates a smaller field of vision, bright lights from oncoming traffic can be blinding and some rural roads often lack good lighting. To combat these challenges, make sure your headlights are on and cleaned off, keep your windows clean, stay on well-lit roads whenever possible and try not to stare into the lights of the cars you pass.
Imperfect visibility makes it harder to gauge how far ahead the car in front of you is going. So, increasing the distance between you and other cars may protect you from a collision. Plus, distancing yourself from fellow drivers can help you steer clear from drowsy or drunk drivers that tend to spend time on the road at night.
Getting your car and mindset winter-ready
In the upcoming winter months, your visibility can also suffer during the day when fog, snow or sleet is present. You can prepare for snow by always keeping a brush and backup windshield washer fluid in your car.
With the expected slipperiness of snow and unexpected ice patches, it’s essential to manage your speed or stay off the roads during inclement weather. As an added layer of protection, you can invest in winter tires that have better traction. Despite taking precautions, many drivers slide and hit other cars and slip into ditches due to sleek conditions year after year. For this reason and in the event of a sudden breakdown, keeping a shovel, extra clothing and a blanket in your vehicle is also a good idea.
If at any point you feel like a road is too dark or too slippery, you should try to pull over safely rather than proceeding with your route. Preserving your life is more important than arriving to your destination on time.
]]>On Behalf of Owens, Schine, & Nicola, P.C.https://www.osn-pc.com/?p=491602020-10-05T23:05:35Z2020-10-05T23:05:28ZWhether you have considerable wealth or just a few assets, you want to leave something for your children after your death. If you have a son or daughter who has a disability, you may also want to use your estate plan to improve his or her quality of life.Disabled adults often qualify for needs-based government assistance, like Medicaid or Supplemental Security Income. Funds from these programs cover housing costs, basic medical care and other fundamental living expenses.
More than the basics
While government assistance may sustain your disabled child throughout adulthood, it does not often provide funds for items or experiences that make life worth living. A special needs trust, though, may give your son or daughter access to financial resources he or she can use for more than basic living and medical expenses.
Supplemental expenses
When you establish a special needs trust, you do not give money, property or other assets to your disabled child. Instead, the trust holds funds for your son’s or daughter’s benefit, ensuring he or she remains eligible for needs-based programs.Provided your child only uses fund disbursements on supplemental expenses rather than for the same ones government assistance pays, he or she is likely to continue to be eligible for public help. The following expenses are usually permissible with a special needs trust:
Travel
Recreation
Education
Out-of-pocket medical care
To fully enjoy his or her life, your son or daughter must be healthy, happy and comfortable. With the special needs trust you form, your child can pay for items and experiences that help him or her have a brighter future.]]>On Behalf of Owens, Schine, & Nicola, P.C.https://www.osn-pc.com/?p=491572020-09-09T21:35:12Z2020-09-09T21:35:07ZThe National Safety Council reports that motorcycles are disproportionately represented in traffic fatalities. If you ride a motorcycle, you are more likely to experience serious injuries in an accident than drivers of passenger cars and trucks.Review these important defensive driving techniques for motorcycle riders so you can protect yourself on the road.
Know the local laws
You must follow the rules of the road when traveling by motorcycle in Connecticut. Make sure to check out traffic rules and speed limits. Motorcyclists may not travel on the line between two lanes or ride abreast with another rider in the same lane. However, you can briefly past another biker in the same lane.
Be seen
Visibility is one of the most important aspects of motorcycle safety. Connecticut requires you to outfit your bike with a headlamp and use it at all times. Stay out of the blind spots of the vehicles around you. Signal to drivers if you plan to turn or switch lanes.
Stay at a safe distance
Give yourself plenty of room to maneuver if a driver around you swerves or stops suddenly. Keep a safe distance from vehicles both in front of and behind your bike. Reduce speed if you find yourself getting too close to another vehicle.
Seek education
Even if you've ridden a motorcycle for a few years already, taking a defensive driving class can lower your risk for a serious accident. Look for a course with accreditation from the Motorcycle Safety Foundation.The NSC found that following defensive driving techniques can improve injury and fatality rates for motorcycle riders, particularly among older adults.]]>On Behalf of Owens, Schine, & Nicola, P.C.https://www.osn-pc.com/?p=491492020-07-28T22:10:58Z2020-07-28T22:09:58Zcustody agreement in Connecticut.
Physical vs. legal custody
The parent with physical custody can decide where the child will live. Connecticut law allows for either sole physical custody with visitation by the other parent or joint physical custody in which the child spends roughly equal time living in each parent's household.
Legal custody describes the right of each parent to make decisions that affect the child's upbringing. Connecticut courts favor joint legal custody except in cases involving abuse or neglect, even when one parent has sole physical custody.
The custody process
Parents can come to their own custody agreement either independently or with the help of their attorneys and sometimes a professional mediator. They must present this agreement to the Connecticut court so the judge can determine whether it adheres to applicable state laws. When parents cannot agree, they can ask the court to make a decision as part of their divorce decree. Either way, the final child custody agreement will be legally binding until either parent requests a modification.
Best interest factors
The judge will review the following factors to create a custody situation that serves the child's best interests:
The child's wishes, if he or she is at least 12 and mature enough to express a preference
Each parent's proposed custody arrangement
The stability of each parent's home
The relationship the child previously had and currently has with each parent
Whether each parent will encourage a relationship between the other parent and the child
The active involvement of each parent in the child's life
The ability of each parent to meet the child's needs
Keep in mind that you must follow the legal visitation schedule as established by the court. Failure to do so can result in a contempt order.]]>On Behalf of Owens, Schine, & Nicola, P.C.https://www.osn-pc.com/?p=491182020-05-14T17:29:42Z2020-05-14T17:29:42ZIRS inadvertently sent some checks to recently deceased taxpayers. As a result, several family members soon discovered one of their deceased loved ones (even those who had died in 2018) had received a stimulus check.
How the check errors happened
The $1,200 stimulus checks were based on 2018 and 2019 tax returns and the IRS didn’t correctly cross reference the Social Security Administration’s Master Death File to avoid sending checks to those who are now deceased. A similar problem occurred in 2010, with $250 stimulus checks sent to about 72,000 taxpayers who were no longer living. There’s no estimate currently how many stimulus checks were sent to deceased taxpayers in the last couple months.
What to do with an improper stimulus check
Very quickly after discovering the problem, the IRS asked that family members who discover stimulus checks sent to deceased relatives send them back. If you were married and your now-deceased spouse received a stimulus check, you should return the $1,200 given to them and keep your own stimulus check.
For paper checks issued to now deceased taxpayers, family members can do the following:
Write void in the check’s endorsement section.
Send the check to the IRS location in Connecticut (assuming your relative lived in Connecticut).
Include a note as to why you are returning the check.
If you or a family member cashed the check or received it through direct deposit, you need to follow these steps:
Submit a personal check or money order to the appropriate IRS location for Connecticut.
Make the check or money order payable to the U.S. Treasury.
Write 2020EIP and the recipient’s Social Security number or tax ID number in the check’s note section.
Include a note as to why you are returning the check.
It’s difficult to predict how the IRS ensure all these improperly issued funds are returned. For those who are administering a loved one’s estate, it will be better to deal with the issue promptly. No one wants to discover months down the line that your loved one’s estate owes the IRS that money, plus interest.
]]>On Behalf of Owens, Schine, & Nicola, P.C.https://www.osn-pc.com/?p=491152020-04-23T19:26:01Z2020-04-23T19:25:59ZSo far in 2020, car crashes in Connecticut total more than 7,000. The accidents involved over 17,000 people and resulted in either injury or death. Compared to last year, these numbers are somewhat lower.When you are in an accident, your emotions may run the gamut from confusion to anger. Try to relax, so you have a clear mind to focus on what you have to do. Go through these steps after you are in an accident.
Stay calm
No matter the accident, you must call 911. Connecticut law states a person must contact the police if there is any injury, death or property damage as the result of an accident. If you find you do not have any injuries, talk to the other drivers, passengers or witnesses and ask if everyone is OK.
Move your car
Move your car off the road if you can. State law requires anyone involved in an accident to move the vehicle from a traveled portion of the highway to an untraveled area near the accident scene. If you feel you cannot move your car, let the police handle it once they arrive.
Collect evidence
Eye-witnesses and those involved in a car accident may have different opinions of what they believe happened. Connecticut statute requires drivers at accident scenes to exchange information such as names, addresses, driver's license numbers and car registration. Other evidence to collect is:
Name and addresses of witnesses
Notes of what people say caused the accident
Pictures of the accident scene including the road and the other vehicles
Notes of date, time and weather conditions
Get as much evidence as you can. You may need to present the information in court and give it to your insurance company. Remember to get an accident report from the police department. Your insurance may want this to file your claim. Do not tell another driver if you believe you were at fault.]]>On Behalf of Owens, Schine, & Nicola, P.C.https://www.osn-pc.com/?p=491102020-03-26T01:38:52Z2020-03-26T01:38:51Zestate planning for your newborn. Experts say it is important that you take time now to help guarantee a secure future for your little bundle of joy.
Insuring the future
Life insurance protects you and your family. If one parent dies, the funds cover ongoing care of your children. If both parents pass, the money ensures a quality of living for your children until they are young adults.
A trust is an option that provides for your children if you die before they turn 18. Term life insurance makes the most sense for most parents. Besides being affordable, it gives you control over the care of your children until they turn 18.
Imposing your will
For most people, a will is important because it dictates who receives their property. For parents, though, what is most important is that they appoint a guardian to care for their children. You name someone who shares your values and will make the most favorable interests of your children their number one priority.
If you have a will, the addition of a child means you also should update your beneficiaries. The same applies to other accounts, such as retirement savings and life insurance.
Without a will, you run the risk of the state making decisions on behalf of your young children. A judge does not know you, your family situation or your wishes. You also raise the possibility of an acrimonious family fight over your assets.
Preparing for the future
You are looking forward to watching your babies grow into infants, teens and adults. Life is unfair, though, and you may not get the chance.
Prepare yourself for every possibility, including a family tragedy. A little planning now provides a lot of peace of mind.]]>