St. Onge & BrouillardSt. Onge & Brouillard2024-03-18T10:47:54Zhttps://www.stongeandbrouillard.net/feed/atom/WordPress/wp-content/uploads/sites/1402621/2022/03/cropped-favicon-32x32.pngOn Behalf of St. Onge & Brouillardhttps://www.stongeandbrouillard.net/?p=490862024-03-18T10:47:54Z2024-03-18T10:47:54ZAccording to a recent report, 29 deadly crashes in the state involved large trucks in a recent year.
Additionally, the report revealed that there are likely to be more trucks on Connecticut’s roads in the future. Trucking freight movement is expected to grow by several million more tons by 2040.
With the higher number of trucks on the road, truck accidents are likely to increase. While every truck crash involves different circumstances, here are some factors common to many truck accidents.
Drowsy and distracted driving
Federal regulations require truckers to only spend a certain number of hours on the road before taking a meal or rest break. However, truckers are still under pressure to meet deadlines and when they are slowed down due to bad weather or traffic backups, they may skip these breaks.
This means there could be any number of fatigued truck drivers on the road at any given time, increasing the risk of an accident.
Distracted driving is a common problem for all drivers, including truckers. Texting, being on their phones, eating or doing anything else that takes their attention away from the primary task of driving makes it difficult for truckers to pay attention to the road.
Poor cargo loading and defective parts
Truck drivers are responsible for inspecting their vehicle before getting on the road to make sure their cargo is properly loaded and secured. They should also make regular cargo inspections along their routes. Not doing so can lead to dangerous driving conditions.
Sometimes the cause is not the fault of the truck driver or trucking company. Trucks that have defective parts from the manufacturer can result in tire blowouts or brake failure.
You can do your best to avoid trucks on the road but still find yourself the victim of a truck accident caused by negligence. Finding out what caused the accident can help you build a case for compensation.
]]>On Behalf of St. Onge & Brouillardhttps://www.stongeandbrouillard.net/?p=490822024-02-27T14:18:56Z2024-02-27T14:18:56ZSome divorcing couples may choose to go through mediation because it could be cheaper and simpler than traditional divorce. This process can also help settle the following matters:
Child custody and parenting arrangements
Division of assets and liabilities
Details surrounding retirement accounts and benefits
Financial issues involving spousal or child support
Other concerns that are relevant, such as insurance coverage, educational needs and other divorce-related issues
There are also diverse types of mediation that can be suitable based on the family's circumstances. Depending on your needs, you and your former spouse can also involve financial advisors, mental health professionals, and other qualified specialists to address any concerns that require impartial advice and insight. After reaching an agreement, the judge will decide whether to require an in-person or online hearing before finalizing the divorce.
Determining if mediation is an appropriate option
Despite seeming like the ideal option, mediation is not always appropriate. Some cases can involve high-risk factors, posing safety issues that may endanger you, your former spouse, and your children's well-being. A case can also have significant disputes, requiring the court's intervention.
Before deciding to go through mediation, it can be beneficial to seek legal counsel first. Valuable guidance can also help you determine what options are appropriate based on your family's unique needs and circumstances.]]>On Behalf of St. Onge & Brouillardhttps://www.stongeandbrouillard.net/?p=490782024-02-14T10:34:46Z2024-02-14T10:34:46ZFortunately, a property often does not become foreclosed in an instant. Usually, some signs may warn you of what could happen. If your property is at risk of foreclosure, you can consider the following remedies to help address your financial issues and prevent the worst outcome:
Seek a loan modification under the state's program to help make arrangements that can be more affordable.
Consult a qualified loan counselor who can help apply for modification and access other forms of assistance.
Read the state's guidelines on the foreclosure process, which can include details about prevention clinics and other government offerings.
Despite taking these measures, some situations can be too severe to remedy and prevent the foreclosure. Additionally, these remedies may only be appropriate based on the circumstances, making consultations with mortgage and loan counselors vital to help you learn about other options you can take.
Protecting your property from foreclosures
There is no such thing as a remedy that can guarantee foreclosure prevention. The most effective way to avoid it is by fulfilling all mortgage obligations, such as making payments and other debtor responsibilities. But sometimes, circumstances can suddenly change, causing a strain on your finances. If you find yourself in this scenario, it can be helpful to seek legal counsel immediately so you can learn about your options as soon as possible while you still have time to take action.]]>On Behalf of St. Onge & Brouillardhttps://www.stongeandbrouillard.net/?p=490682024-02-02T13:43:29Z2024-02-02T13:43:29ZWhen facing a medical treatment, it's crucial to understand its risks and benefits before giving your consent. This is known as informed consent, which means you agree to a treatment after your doctor has thoroughly explained all its details.
If your doctor proceeds with the treatment without obtaining your informed consent, you could potentially have grounds for a lawsuit.
Understanding informed consent
In Connecticut, physicians must obtain informed consent. This is not just an ethical necessity, but also a legal one. If they proceed with non-emergency procedures without obtaining proper consent, they may find themselves breaking the law. This is especially true if it turns out that the patient, knowing the risks, would have chosen to decline. In such cases, the law doesn't hesitate to label these medical practitioners as negligent.
This could lead to a lawsuit if the following conditions are met:
The doctor failed to inform you about the procedure's risks or provided false or incorrect information.
The procedure posed a substantial risk of serious harm, such as loss of sight, hearing, or memory.
You suffered an injury as a result of a risk that the doctor failed to disclose.
You would have refused the procedure if you had been informed of the risk.
Consider this example: if a doctor fails to inform you that an invasive procedure carries a 25% risk of leading to paralysis, and you become paralyzed after the operation, the doctor could face liability. This applies even if the doctor performed the operation flawlessly. The reason is that had you known about the risk, you might have chosen not to proceed with the surgery.
Seeking justice for injuries
Informed consent is a critical aspect of your health care rights and decisions. If your doctor fails to disclose the risks of a procedure and you suffer an injury as a result, you might have grounds for a medical malpractice suit. Such a claim involves certain legal complexities that can be challenging to navigate alone. So, consulting an attorney could be beneficial. They can help discuss your options and protect your interests by guiding you through the process.]]>On Behalf of St. Onge & Brouillardhttps://www.stongeandbrouillard.net/?p=490622024-01-19T14:26:13Z2024-01-19T14:26:13ZThe court can adjust the visitation details in these situations, requiring supervision during sessions. A judge may have various considerations before issuing supervised visitation, including the following:
Any safety risks, including possibilities of violence, abuse or abduction
The severity of threats and whether a supervisor can mitigate them
Case developments that can determine if supervision is necessary
The child's behavior and feelings toward the parent
Other factors affecting the child's security
Continuing assessment to measure the visitation arrangement's effectiveness
If a judge orders supervision, a qualified worker will closely monitor and observe the visits, drafting feedback in reports for documentation. Using these details, the court can check if the parent-child relationship is making progress, allowing the removal of supervision if considered safe at some point. Still, it can happen from case to case because it can significantly depend on the child, the parent, and their relationship.
Determining the most appropriate visitation setup
Some parents can discuss custody and visitation arrangements out of court, which can be beneficial and practical. But sometimes, too much can be at risk, especially if the child has no established relationship with the non-custodial parent. Forcing them to interact with the parent without guidance can be harmful based on the circumstances. In these instances, it can be helpful to seek legal counsel and have the court decide the most appropriate setup, considering the child's best interests.]]>On Behalf of St. Onge & Brouillardhttps://www.stongeandbrouillard.net/?p=490562024-01-09T16:00:22Z2024-01-09T16:00:22Zstates with the highest number of motor vehicle deaths, Connecticut accounts for the most significant increase since 2019 at 65%.
With such grim figures, it seems easy to assume that road users are now more aware of what to do when tragedy strikes. However, such a sudden and violent event can cause a person to forget what they know. Worse, injured parties may be so disoriented and traumatized that they commit severe mistakes that can jeopardize their case.
What not to do after a crash
While victims can recover compensation from liable parties, it takes work to prove a potential claim. No matter how small, a mistake can influence how much compensation a person can receive.
So, petitioners must avoid the following:
Admitting fault or apologizing in the heat of the moment, or sharing seemingly harmless comments that other involved parties can use against them
Waiting too long to seek medical care, which insurance companies can use to downplay the severity of injuries
Failing to contact the authorities and secure a police report that can include crucial information to establish the facts of the case
Accepting a low settlement from insurance companies that try to reduce payouts
Sometimes, those who fear they will commit a mistake resort to not doing anything at all. Instead of taking a proactive yet cautious approach, some victims suppress their trauma and behave as if nothing happened. Unfortunately, doing so only puts their well-being at serious risk.
Why navigating the process alone can be a fatal mistake
A crucial step to prevent mistakes after a collision is recognizing that the claims process requires a proper support system. With so much at stake, such as their physical, mental, emotional and financial stability, victims cannot afford to take chances. Instead, they can benefit from having a legal team to save them from committing grave mistakes.]]>On Behalf of St. Onge & Brouillardhttps://www.stongeandbrouillard.net/?p=490512023-12-27T09:33:58Z2023-12-27T09:33:58ZUsually, mortgages can be manageable because these arrangements consider your financial information and eligibility before approving your application. Unfortunately, this initial setup might not consider economic changes and other scenarios that could make the loan agreement disadvantageous in the long run. With your finances in mind, refinancing your mortgage can be a wise decision. This option can be valid in the following situations:
Interest rates became lower.
You prefer to change the mortgage's term, which can help reduce interest costs.
You initially had another person named as the loan's borrower and want to remove them from the agreement.
Other financial benefits outweigh the costs of the refinancing procedure, such as switching loan types and removing mortgage insurance from the arrangement.
Still, you may only have these advantages based on your financial standing. If you are low on cash, refinancing might not be helpful. This process often comes with varying expenses, such as appraisal and closing costs, which may be more burdensome than keeping your mortgage as is.
Preparing to refinance a mortgage
If you plan to refinance a mortgage, you may need to prepare requirements and determine specifications based on what you need. Choosing the most practical option does not always mean taking on the loan with the least accompanying costs.
In these instances, you should consider your new mortgage's financial and legal soundness, including how it would hold up over time. When in doubt, you could seek professional guidance to help you make the right choices throughout the process.]]>On Behalf of St. Onge & Brouillardhttps://www.stongeandbrouillard.net/?p=490492023-12-13T08:58:09Z2023-12-13T08:58:09Zan invaluable alternative to traditional court litigation because it facilitates discussion between the divorcing couple. It can help parents cooperate to find a mutually agreeable solution on all child custody matters.
Mediation gives you more control
Mediation focuses on cooperation and resolving disputes. It places the decision-making power directly in the hands of parents instead of leaving the decisions to a judge who may not understand your family dynamics and children’s specific needs.
A neutral third party or mediator will assist you and your co-parent throughout the process. They can ensure you both have the opportunity to voice out your concerns and sentiments by creating a communicative environment.
Mediation preserves relationships
Mediation can help to preserve a positive co-parenting relationship between you and your former spouse even after the divorce. It can reduce the emotional strain on all parties involved, particularly your children. You can reach agreements regarding custody matters with the mediator and create a custody agreement to formalize all your decisions.
Because both parents worked on the agreement, it will be more personalized and nuanced. You can customize it to serve the unique needs of your family.]]>On Behalf of St. Onge & Brouillardhttps://www.stongeandbrouillard.net/?p=489852023-12-06T08:33:23Z2023-12-01T13:04:21Zact reasonably after a Connecticut crash.
Fortunately, bystanders may have captured the commotion in ways the involved individuals and responding teams did not. Thus, asking them the right questions can offer a valuable and neutral perspective about how the collision happened.
What to ask a potential witness
Out of fear, anger or anxiety, drivers may provide inaccurate information during the aftermath of a wreck. If they are certain that they are not at fault, a witness can verify their memory of the incident by answering the following questions:
What exactly did you see?
Where were you when the collision occurred?
Did you notice anything specific, such as speeding or distracted driving, that may have contributed to the tragedy?
Did you see anyone else or was someone with you who may confirm your account of events?
Can I have your contact details in case of necessary clarifications?
These inquiries can yield answers that can get the facts straight. Thorough descriptions and critical nuances can bridge missing links to both parties’ narratives. Further, if more witnesses can corroborate a primary witness’ statement, it can validate first-hand observations.
How a third-party testimony can make or break a case
A car accident can quickly become a “he said, she said” situation. However, a credible witness can debunk speculations or unfounded allegations. Yet, people can still twist the witness’ story to reduce the damage they must pay for. To prevent this unfavorable scenario, a legal representative can equip the witness with strategic ways to better communicate their testimony. Their reliable words can also be proof to increase a victim’s chances for fair financial recovery.]]>On Behalf of St. Onge & Brouillardhttps://www.stongeandbrouillard.net/?p=489752023-12-06T08:33:29Z2023-11-27T22:10:57ZCollaborative law offers a gentler method of resolving legal disputes. It encourages all parties to work toward a solution that everyone agrees on. This method is particularly useful in family law scenarios, like divorce, where maintaining a positive relationship post-resolution is often crucial. Rather than being the first option, going to court is a last resort in this approach. However, if things don’t work out despite these best efforts, there is an important clause that everyone involved – including the lawyers – must follow.
Different lawyers for each party
In the collaborative process, each party has their own lawyer. These lawyers help guide each party through negotiations. They all sign a critical document of collaborative law called a "participation agreement." All parties and their lawyers must sign this agreement as it sets the rules for the collaborative process. It mainly stresses the need for good-faith negotiations toward a settlement.
The purpose of the clause
One important provision of the participation agreement is the "disqualification clause." It states that if collaboration fails and litigation is necessary, the original lawyers must withdraw. This means they cannot continue representing their clients, specifically in court. This agreement serves three purposes, including:
Choosing to go to court means hiring new lawyers. The hassle of getting new representation helps people commit to collaborative resolution.
It assures clients that the information they share during collaboration won't be used against them in court.
It minimizes lawyers' financial incentive for drawn-out litigation.
The disqualification clause is integral to the collaborative process. It proves helpful if litigation becomes unavoidable. But more importantly, it fosters a faster, more collaborative environment.
The role of the agreement in the process
The agreement not only prevents lawyers from unnecessarily dragging out cases, but it also impacts the main parties in the dispute. If the collaborative approach fails, and court is the only option left, the expense and time needed to get new lawyers can be significant. This motivates everyone to stay with the collaborative process. Ultimately, it promotes resolution through cooperation, not conflict.]]>