Compensation for Passenger Injury in a Car Accident

Seeking Compensation for Passenger Injury

Passengers Injured In Car Accidents Have Multiple Avenues of Recovery

 

When an accident is imminent, it is human nature for the driver to swerve and attempt to take the impact on a part of the car furthest from them. Sadly, this usually results in the impact being on a portion of the car that might be filled with passengers and therefore results in passenger injury.

 

If you or a loved one sustain a passenger injury while in the car of a friend or family member, you will need the assistance of a personal injury attorney. There are many different circumstances to consider, and only a personal injury attorney can advise you on which compensation path to take in your passenger injury case.

 

Sometimes, the driver of the third vehicle is at fault for the passenger injury claim. If the driver fails to stop for a Stop sign, runs a red light, or makes some other type of roadway infraction, they will be liable to you as the passenger of the vehicle they struck. If their insurance limits are not sufficient to compensate you for your passenger injury, or even worse if they do not have insurance, you will be able to seek compensation from your friend or family members’ insurance company.

 

Other times, it is your friend or family member who is at fault for your passenger injury. Whether a simple mistake that causes a crash, or something more serious like driving under the influence of drugs or alcohol, you as the passenger are entitled to compensation for your injuries. Your friend or family member pays insurance premiums, and as an injured passenger you need to make sure the insurance company meets their obligation to compensate you. This can be accomplished by hiring a personal injury attorney as soon as possible after the passenger injury occurs.

 

At The Law Office of Eugene Glouzgal we help our clients by leading them through the personal injury compensation process from beginning to end, including passenger injury claims. We consult our clients on seeking medical attention, we perform investigations into liability, we compile all the paperwork, we contact insurance companies and liable parties, and we make sure our clients are fully informed the whole way as we get them compensated for their injuries. Contact us today for a Free Consultation with No Obligation by calling us at 203-794-6691, by e-mail at Glouzgal@CAttorney.us or by using our contact form.

What Does a Buyers Attorney Do? – Real Estate Closing

Role of Buyers Attorney in Real Estate Closing

Whether you are looking to buy a home or a business location, you will need the services of a buyers closing attorney. A buyers closing attorney can make sure their client is protected legally and financially. What does a buyers closing attorney do?

A buyers closing attorney helps coordinate the purchase of the property by making sure all laws are followed, his client is getting the property as promised, and by managing the finances. A buyers closing attorney performs the following functions:

  • Review the agreement between the buyer and their real estate agent (if hired soon enough);
  • Reviews preliminary title report for mortgages, liens, restriction, taxes and ownership;
  • Review and negotiate contract of sale with sellers closing attorney;
  • Review mortgage commitment issued by the mortgage company;
  • Prepare or review the title search;
  • Prepare buyers closing documents such as power of attorney;
  • Review sellers closing documents;
  • Review loan documents;
  • Attend closing with, or on behalf of, the client;
  • Handle all funds through escrow;
  • Provide an accounting of funds to the client; and
  • Record all documents at Town Hall.

A sellers closing attorney can relieve the stress of buying a house or business property by making sure the client is protected. Buying a home or business location? Make sure the seller is legally compliant and your liabilities are limited by contact The Law Office of Eugene Glouzgall, LLC to handle your real estate closing matters. We charge flat rate fees on closings, and we offer FREE consultations, so you can make sure we are the right attorney for you.

What is Traveling Unreasonably Fast in Connecticut?

Traveling Unreasonably Fast and Car Accidents: What is Traveling Unreasonably Fast in Connecticut?

Every driver has been in the situation where going as fast as allowed by the posted speed limit would have caused a car accident. Therefore, the laws of the State of Connecticut draw a distinct difference between speeding and “traveling unreasonably safe”. While a driver may be complying with posted speed limits and therefore not speeding, their speed might still be too fast to be safe to the surrounding public.

Connecticut General Statute § 14-218a, titled “Traveling unreasonably fast. Establishment of speed limits,” outlines both the process for setting speed limits, and the guidelines for driving safely. It reads, in relevant part:

“No person shall operate a motor vehicle upon any public highway of the state,…upon a private road on which a speed limit has been established…, or upon any school property, at a rate of speed greater than is reasonable, having regard to the width, traffic and use of highway, road or parking area, the intersection of streets and weather conditions.…Any speed in excess of such limits [posted speed limits …shall be prima facie evidence that such speed is not reasonable, but the fact that the speed of a vehicle is lower than such limits shall not relieve the operator from the duty to decrease speed when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions…Any person who operates a motor vehicle at a greater rate of speed than is reasonable, other than speeding, as provided for in section 14-219, shall commit the infraction of traveling unreasonably fast.”

The point of this statute is that while Connecticut drivers are require to stay below the speed limit, drivers are also required to adapt their driving speed to safely navigate the roads based upon special hazards. Failure to travel at a reasonable rate of speed may only be punishable by an infraction, which includes a fine, but it also has implications if the failure to drive reasonably causes a car accident.

If driving unreasonably fast causes a car accident, creating injury to the property and body of another driver or passengers, or pedestrians, the attorney of the injured person will claim that not only was the unreasonably fast driver negligent, but that they were also reckless. While proving negligence is sometimes difficult, an argument for recklessness is another arrow in the personal injury attorney’s quiver. Since recklessness is a higher level of liability, winning a personal injury case based on negligence becomes much easier and more likely.

If you or a loved one have been injured in a car accident by a driver who wasn’t speeding, but acted recklessly by traveling unreasonably fast for the conditions at that time, you will need help. First, you should seek immediate medical attention. Then you need to contact a Connecticut licensed personal injury attorney. At The Law Office of Eugene Glouzgal, LLC, our passion is helping those injured by negligent or reckless people get compensated for their damaged property or injured body. Contact us today by phone, at 203-794-6691, or by e-mail at Glouzgal@CTAttorney.us.

Conditional Considerations for Business Purchase Contract

Common Conditions for the Sale and Purchase of an Existing Business

A sale and purchase of an existing business can be mutually beneficial for both the selling and buying parties. Owners sell business so that they can retire or to free up time and money for other ventures. Buyers purchase businesses so that they can have an established business with good will and name recognition.

The first step in purchasing a business is usually a purchase contract. The Seller wants to lock the Buyer if they are going to turn down further offers. The Buyer wants to make sure the business will be theirs before they start to get the necessary documentation together. However, the purchase of a business needs to be made conditional on a few very important occurrences. It will be the job of the Buyer, or their attorney, to make sure the purchase contract contains these conditions and that if the conditions are not met, that the purchase of the business will not be binding.

Some of the common conditions contained in a Sale and Purchase Contract are:

  1. Condition on Lease of Premises: When one business owner is moving out and another moving in, it will be necessary for the business to make sure the business location will be available to them. Many commercial leases have non-assignment clauses, so a separate lease will need to be executed. This condition can also be modified to include “or other suitable premises” if the Buyer would consider moving the business location.
  2. Financing: The purchase of a business may require funds that the Buyer does not have immediately available. They may need to seek investors or take out loans. The purchase contract should be made conditional on securing the financing.
  3. Securing of Suppliers: When purchasing a business that needs to source either raw resources or product, the purchase contract should be made conditional on securing such suppliers, as without them, the business may be essentially worthless.
  4. Non-Compete: A common condition of purchase is a promise by the Seller not to compete with the buyer. This condition is usually limited in scope by geography or time frame. For example, the Seller won’t compete in the same county for a minimum of 2 years.
  5. Training: Sometimes, it is necessary for the Seller to stick around and train the Buyer in the operation of the business. The length and degree of training should be clearly identified.
  6. State Licensing: for many industries, the State the business is located in will have licenses and permits that must be applied for and issued before business can be conducted. If the licenses are not issued, the business cannot operate and may be deemed worthless.

The above conditions are just some of the considerations involved in the purchase of a business. Depending on the business and industry, each condition will be more or less necessary. Sellers and Buyers alike need to seek counsel from a business attorney so they can rest assured that their interests are protected.

At The Law Office of Eugene Glouzgal, we review the business and industry and make sure that the contracted is drafted so that the terms which are important to our client are enforceable. If you are looking to sell or purchase a business, contact us today for a free consultation.

Car Accidents Resulting in Bone Fractures

Car Accident Bone Fracture Locations and Types

One of the common force trauma injuries caused by car accidents is bone fracture. Bone fractures resulting from a motor vehicle collision cause multiple problems for the injured driver. Since bone fractures do not instantly cause large amounts of pain, injured drivers might think they are not injured right after the accident, not feeling the pain until the adrenaline wears off. This creates a time gap during which the fractured bone can be further damaged. Bone fractures, unlike breaks, are usually not set in a cast, slowing the healing process and causing discomfort for extended periods of time.

Some of the commonly fractured bones during a car accident include, but are not limited to:

  • Arm Fracture– a very common fracture in car accidents. Driver’s arms are in danger from air bags and the steering wheel. As they are often used to brace ones self, they are often put in harms way.
  • Wrist Fracture– being a much smaller and more delicate set of bones, a wrist fracture can take extended periods of time to heal.
  • Clavicle or Collarbone – a painful fracture that can cause the loss of arm strength.  A very slow and sometimes painful healing process may follow.
  • Rib Fracture– rib fractures in car accidents are often caused by airbag deployment. A fractured rib can cause shortness of breath, loss of arm strength, as well as causing pain with every breath. This is further complicated when fractures occurred in multiple ribs, also increasing recovery time and sometimes requiring reinforcement of the ribs with screws or plates.
  • Sternal Fracture– the sternum, the bone in the center of the chest, connects all of the ribs. Sternal fractures are often a sign of damage to the organs it usually protects. Sternal fractures require a long healing process during which breathing will be shallow and painful.
  • Femur Shaft Fracture– femur fractures are often caused by t-bone accidents. Femur fracture are extremely and instantly painful.

Bone fractures during car accidents are caused in many ways, and can lead to many types of fractures. Some times of fractures that are caused in car accidents include, but are not limited to:

  • Non-Displaced Fracture– the fractured bone stays in place and the body part is still functional. May not be immediately noticeable, creating a risk of complication.
  • Displaced Fracture– the bone fracture causes dis-alignment of the bone, increasing healing time.
  • Comminuted Fracture– bone shatters into multiple pieces.
  • Closed Fracture– when a bone breaks but does not protrude from the skin.
  • Compound Fracture– also known as an “open fracture”. The fractured bone breaks the skin, creating an open wound.
  • Longitudinal Fracture– a fracture that runs vertically down the length of the bone.
  • Spiral Fracture– a fracture where the bone has been twisted. Will require realignment.
  • Direct Fracture– a fracture that occurs at the spot of the impact.
  • Indirect Fracture– a fracture that happens at a spot on the bone different than the spot of impact.
  • Dislocation Fracture– a bone fracture close to a joint, causing dislocation of that joint.
  • Impacted Fracture– a fracture of the bone caused by compression of the bone.

If you are injured in a car accident, you need to seek immediate medical attention. Only a medical professional will be able to diagnose and address your injuries, especially those that are not immediately noticeable.

You will need to reach maximum medical recovery before your attorney can settle your claim. Therefore, proper and timely healing of your injuries is important not only to your recovery and your continued health, but to your personal injury claim as well.

If you or a loved one have been injured in a car accident, you need to contact a personal injury attorney as soon as possible. The personal injury attorney will be able to offer their experience in seeking medical care as well as offer letters of protection where necessary to get you the best medical care possible.

Start a Business in Connecticut for $875 – CT LLC Formation Package

Connecticut LLC Formation Package – Start a Business in Connecticut for $875

We want to write this post to bring more attention to a flat fee service we offer to the those looking to start a business in Connecticut, our LLC Formation Package. We believe that there are two things holding people back from starting a business: cost and “the unknown”. Our LLC Formation Package is meant to address both of those roadblocks.

The LLC Formation Package is $875 and includes the State and Federal paperwork you need to begin a limited liability company, including State filing fees with expedited service. Just register in the town the business is in and the business is ready to go. We even help the partners/members draft the Operating Agreement. This makes legal services for business formation affordable for most business budgets.

We eliminate the unknown by making sure our clients are properly registered with the Secretary of State, the CT Department of Revenue Services, and everybody’s favorite, the IRS. We also make sure that you know of any business licenses you will need to conduct business in CT, depending on your industry. We review local zoning laws to make sure your business can operate  where you need it to.

Business owners need to focus their time and energy on running the business. Have piece of mind that your business is compliant and that your paperwork was coordinated by a trained and experienced legal professional.

Click for more information on our Connecticut LLC Formation Package.

Click for more information on our Attorney Fees.

How Can Business Owners Limit Personal Exposure for Business Liabilities?

Shield Yourself from Personal Responsibility for Business Liabilities

In the business world, liabilities can arise in many forms and at any time; liability on long term leases, business loans, costs of inventory and accidents that injure clients, just to name a few. One of the common goals of entrepreneurs is to limit their personal exposure to such liabilities. That is, they don’t want their pockets emptied due to mistakes by the business. So, how can an individual limit their personal liability when opening or buying a business?

There are a number of ways a human owner can gain personal protection against the liabilities of a business of which they are an owner. Some of these strategies include, but are not limited to, the following:

  1. Make sure your business is owned by some type of corporate entity. The most common type is a Limited Liability Company. In Connecticut, with some exception, “a person who is a member or manager of a limited liability company is not liable, solely by reason of being a member or manager, under a judgment, decree or order of a court, or in any other manner, for a debt, obligation or liability of the limited liability company, whether arising in contract, tort or otherwise or for the acts or omissions of any other member, manager, agent or employee of the limited liability company.” You need to contact your attorney and accountant to make sure you are complying with all laws and requirements to reduce the chances of an injured party piercing the corporate veil;
  2. Speak to your insurance agent about purchasing large limits of liability insurance and strongly consider adding an umbrella policy or obtaining excess liability insurance. Contact your attorney for a review of the insurance policy;
  3. Constantly inspect your real property and perform all required maintenance, cleaning and repairs in a timely manner. Correct situations that create health and safety risks to avoid injuries. If you are not sure which maintenance, cleaning or repairs are required, or which situations create risk of injury, contact your attorney;
  4. Immediately notify any third parties of any problems, conditions or defects that are the responsibility of that party, such as your landlord or tenants. Be sure to comply with the terms of any lease in how notice is provided. If you are not sure which party is responsible for which problems, conditions or defects, or how to provide them notice, contact your attorney; and
  5. For advanced asset management, consider shielding personal assets from potential lawsuits by holding assets in other corporate entities or by transferring them to other family members. This should be done only after meeting with an attorney and a tax professional. If you wait until after a liability arises, then this transfer could be viewed as a fraudulent conveyance.

Limited personal exposure for business liabilities is not a trick, it is a shrewd business technique employed by many successful entrepreneurs. At The Law Office of Eugene Glouzgal, LLC, we help our clients reach their goals in limiting personal liability while staying compliant with all laws and regulations within their industry. If you are starting a business or buying an existing business, contact us to discuss how you can proceed to better limit you personal exposure.

Which Services Are Subject to Sales Tax in Connecticut?

Taxable Services in the State of Connecticut

If You are Having Issues with the DRS
Click to Call Attorney Glouzgal

1-203-740-1400

Do I need to charge sales tax for my services?

One of the obligations when setting up a new business is registering your business with the State of Connecticut Department of Revenue Services. Business owners will then need to remit tax payments to the State through the online portal. The two most common taxes that business owners are responsible for remitting are 1) the entity tax and 2) quarterly sales tax. It is common knowledge that any business that sells goods (for example books, cars, clothing, etc.) needs to charge sales tax. What about businesses that offer services? What about Doctors, Repairmen, house keepers and dog walkers? Below is a list of taxable services in the State of Connecticut which should help business owners answer the common question: “Do I need to charge sales tax for my services?”

Your business must register for a Sales and Use Tax permit and remit sales tax on a quarterly basis if your business provides:

  • Advertising;
  • Business analysis and consulting;
  • Cable and satellite services;
  • Computer and data processing;
  • Contractor services;
  • Cosmetic medical procedures;
  • credit information and reporting;
  • Employment agencies;
  • Extermination services;
  • Flight instruction and chartering;
  • Furniture repair;
  • Health and athletic club services;
  • Intrastate transportation services (taxis, limos, etc.)
  • Janitorial services;
  • Landscaping and horticultural services;
  • Lobbying or political consulting;
  • Locksmith services;
  • Maintenance services on real property;
  • Manicure, pedicure and other nail services;
  • “Miscellaneous personal services” including Babysitting bureaus, Bartering services for individuals, Birth certificate agencies, Buyers’ clubs, Car title and tag services, Checkroom concessions or services, Coin-operated service machines, Comfort station operations, Consumer buying services, Dating services, Debt counseling to individuals, Depilatory salons, hair removal or hair waxing, Diet workshops, Escort services, Genealogical investigation services, Hair weaving or replacement services, Locker rental, Marriage bureaus, Massage parlors, Porter services, Quilting for individuals, Rest room operations, Scalp treatment services, Shopping services for individuals, Steam baths, Tanning salons, Tattoo parlors, Turkish baths, and/or Wedding chapels;
  • Mooring and storage;
  • Motor vehicle repairs;
  • Motor vehicle towing and road side service;
  • Packing and crating;
  • Painting and lettering;
  • Parking;
  • Personnel training;
  • Pet grooming, boarding and obedience training;
  • Photographic studio services;
  • Piped-in music for businesses or professional establishments;
  • Prepaid telephone calling;
  • Private  investigation, protection, patrol, watchman and armored car services;
  • Radio or television repair;
  • Refuse removal on commercial or industrial property;
  • Renovation or repair to commercial or industrial property;
  • Repair of electrical or electronic devices;
  • Repair or maintenance of personal property, or sale of warranties/guarantees to repair;
  • Sales agent for the sale of tangible personal property;
  • “Services to industrial or commercial real property” including management, repair, renovation, and/or voluntary evaluation, prevention, treatment, containment or removal of hazardous waste or contaminants;
  • Sign painting and lettering;
  • Spa services;
  • Stenographic services;
  • Storage and mooring of non-commercial vessels;
  • Storage space;
  • Swimming pool cleaning and maintenance;
  • Telecommunications services;
  • Telephone answering services;
  • Warranty and service contracts for tangible personal property; or
  • Window cleaning.

The above list is based on information obtained from the CT DRS website as of the date of this article (March 7, 2014). The laws governing the taxable services in Connecticut are constantly changing. There are also additional regulations imposed by the State on many industries. Therefore, any new business should seek the assistance of an experienced Connecticut business attorney to make sure they are fully compliant with State Tax as well as all other regulations of that business.

If you are being audited by the DRS, or if DRS is threatening to close down your business, contact our law office for a Free Consultation. We can discuss your issues and advise you on how we can help you or your business moving forward. You can contact us by phone 1-203-740-1400 to discuss your options.

What Information is Needed to Start a Limited Liability Company in CT?

Necessary Information for Starting a Limited Liability Company (“LLC”) in CT

Created by the Connecticut Limited Liability Company Act (Chapter 613 of the Connecticut General Statutes), a limited liability company offers it’s members and/or managers a level of protection from the liabilities of doing business. The “limit” on liability is defined in CGS § 34-133 titled “Liability of members and managers to third parties”. In general, the liability of the members or managers is limited to the money already invested in the company.

Even with the obvious benefits of limited liability, the most common form of business organization is still the sole proprietorship, which offers absolutely nothing in the area of limiting owner liability for actions of the business. If you are starting a new business, you should seriously consider forming a Limited Liability Company.

What information is necessary to start a Limited Liability Company? We created a worksheet for our clients to help them provide us with all of the information we need for filing the Articles of Organization in the State of Connecticut. Click here to download our CT LLC Formation Worksheet. Please note the worksheet does not cover Agent for Service or the drafting of an Operating Agreement for multi member limited liability companies, both of which we handle on behalf of our clients.

Slippery Roads and Sun Glare Cause Fatal Four Car Accident in Brookfield CT

Slippery Roads and Sun Glare Cause Fatal Four Car Accident in Brookfield CT

31-year-old New Milford Woman Fatal Injured in Four Car Pile Up

A gruesome car accident occurred this past Monday on Route 25/Whisconier Road in Brookfield. Icy conditions and glare for southbound drivers caused a four car pile up, resulting in one death.

The multi-car accident began when a minivan stopped for a school bus and was rear ended by a Toyota Corolla causing minor damage to both vehicles. As the drivers were exchanging insurance information a third vehicle, a Honda Fit, driven by 31-year-old New Milford resident Erin Morrarty, side swept the Toyota.

Ms. Morrarty exited her vehicle and was standing behind the Toyota when a fourth car, a Jeep Cherokee driven by 24-year-old Ryan Derrig, struck Morrarty and then the Toyota, pinning the woman between the two vehicles.

Morrarty was rushed to Danbury Hospital. Sadly, she was pronounced dead soon after arriving.

While the car accident is still under investigation, Police believe the cause was a combination of slippery conditions and bad visibility. Police have not said whether speed, distracted driving or some other form of reckless driving was involved in causing the car accident.

Ice and snow reflect a lot of light, and glare can become a big problem during the winter months. When you combine a lack of visibility with slippery roads, it becomes difficult for drivers to anticipate and react to road hazards. Sometimes the road hazard is ice and snow itself, and sometimes it is an accident that was already caused by the slippery conditions. Maintaining a proper speed for conditions, and reducing speed when encountering poor visibility, are tactics that should always be employed.

If you are in a car accident, do not exit your vehicle immediately. Wait until it is safe to do so, and then make sure to move a sufficient distance from the crash site.

For the full story and to see future updates to the story, click here.