Category Archives: Litigation

DAMAGES: COMPENSATORY VERSUS PUNITIVE DAMAGES

In a prior blog I discussed the difference between economic and non-economic damages in the context of compensating those injured as a result of the negligent, reckless or intentional conduct of another. (Read More). As a general rule, insofar as money can do it, a plaintiff is entitled to receive fair, just and reasonable compensation… Read More »

“LOOK BOSS, THE [CLAIM], THE [CLAIM]!” – Tattoo, Fantasy Island

Tattoos and piercings are far more prevalent in society today than in recent history. Gone are the days where one would hurriedly cross the street in avoidance of an encounter with a tattooed man or woman walking in their direction. Tattoos are no longer associated with criminals and seedy characters, but now adorn the bodies… Read More »

FEDERAL TORT CLAIMS ACT (FTCA)

A large part of my practice involves bringing claims and lawsuits for damages on behalf of those injured by the negligent conduct of another, but what happens when the negligent party is an employee of the federal government? Early in my legal career I represented a veteran who claimed injuries due to the misdiagnosis of… Read More »

DAMAGES: Economic & Non-Economic Compensation for Injuries

Most of my practice involves representing those injured as a result of the negligent, reckless or intentional conduct of another. Once we get beyond the issue of legal liability for the conduct causing the harm, and establish that the injuries were caused as a result of that conduct we reach the issue of damages. In… Read More »

KNOW YOUR LIMITATIONS

…to bring claims that is. A significant part of my practice involves tort litigation, specifically representing those injured as a result of the negligent, reckless or intentional conduct of another. Unfortunately, at times the injured client waits before consulting with an attorney only to be told at the initial meeting that they are beyond an… Read More »

ANATOMY OF A LAWSUIT – Part VI.

Now that you have a judgment in your favor, you need to collect it. Any judgment can be appealed within twenty (20) days. Therefore, it is not a final judgment until twenty days after the date of judgment. If the losing party had insurance coverage, then collecting should not be a problem. The insurance company… Read More »

AUTONOMOUS VEHICLES: The Future Is Here

Last year, Connecticut joined a number of other states that have enacted laws to regulate autonomous vehicles, also known as self-driving cars. The Connecticut law is designed to allow a limited number of municipalities to apply for permission to permit testing of fully autonomous vehicles within specifically designated areas of the municipality. Whether or not… Read More »

ANATOMY OF A LAWSUIT – Part V

If pre-trial negotiations, mediation or non-binding arbitration efforts were not successful in resolving the claims, then it is time for trial. Aside from some pretrial motions that will vary depending on whether the trial is to a judge or a jury, it is time to present evidence. Different types of claims have different burdens of… Read More »

ANATOMY OF A LAWSUIT – Part IV

In my prior blog “Anatomy of a Lawsuit-Part III” I referenced Mediation and Arbitration as alternatives to trial.             Mediation is very much like a pretrial, but the mediator, usually an attorney or retired judge with no ties to either party, spends several hours or even days in an effort to assist the parties in… Read More »

ANATOMY OF A LAWSUIT – Part III

Once the Pleadings are closed (complete) and the Discovery is finished, the parties will usually engage in discussions to attempt a resolution of their dispute. These discussions will involve a review of the pros and cons of each party’s claims and defenses in an effort to make the other see that their claims are not… Read More »

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