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Kevin Curtis Ferry
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Kevin Ferry’s Answers

9 total

  • My son lives in CT. was in a accident last night need to know if he is at fault

    my son lost control of his car hit black ice, in a school apartment complex, the car parked was registered in Mass.

    Kevin’s Answer

    He is probably at fault. Even if the owner of the parking lot did not properly salt or sand it, your son's actions in crashing into the parked car will be considered a proximate or legal cause of the accident. If your son's car was insured, simply call the insurance carrier and they will handle it. If a lawyer is needed to represent your son, the insurance company pays for one to defend him. Good luck.

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  • What is going to be my punishment for a DUI in the state of CT?

    I am currently under 21 (I'm 20 years old and will be 21 in 2 months). The officer told me I was given a DUI misdameanor. He pulled me over because my headlights were off and I swerved alittle (his words). This is my first offense and first tim...

    Kevin’s Answer

    First, you should know that it is illegal for a person under 21 to operate a motor vehicle in Connecticut with a Blood Alcohol Content of two one hundredths of one percent. For a person 21 or older, the limit is eight one hundredths of one percent. Based on the stated reasons for your stop, the officer appeared to have probable cause for pulling you over. It is illigal for a police officer to stop a driver who appears to be between 16-21 to check for DUI solely on the basis of age. You did not mention if the officer had you perform the road side sobriety tests. By the way, you may refuse to perform any or all of those tests. That will pretty much guarantee that you will be arrested and brought in to provide a breath sample to test for your Blood Alcohol Content. You also did not mention if you performed the Breath test. More thought needs to go into taking or refusing this test. Keep reading to find out why. If you did submit to a breath test, and you were over .02, you would probably want to apply for the Pre-Trial Diversionary Program known as the Alcohol Education Program. Please note that they will not teach you how to make your own beer or wine. The purpose of the program is to educate drivers to the effects of alcohol on our ability to function and operate a really big and heavy deadly device known as a motor vehicle. If you successfully comlete the program, the criminal charges will be dropped. So, at this point you may breath a sigh of relief, but wait, there is more. In Connecticut it has been determined that operation of a motor vehicle on a public roadway is a privilege , not a right. As such, you can be punished twice. The Constitutional right to not be placed in Double Jeapordy does not apply. This means that you will loose your license due to the Department of Motor Vehicles administrative suspension. If you refused to take the test, you will loose your license for six months. If a person 21 or older took the test and failed, the suspension is for ninety days if the BAC is "elevated" but not greater that .16 and 120 days if the BAC is .16 or greater. But for a person under 21, those time frames are doubled unless the person is 16 or 17. For a 16 or 17 year old the administrative suspension is or one year. Stay tuned everyone because the laws for DUI in Connecticut are revamped, modified, amended and changed (lawyer speak for messed with) quite often.

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  • My lawyer wants to drop me if i find another lawyer will he get a percentage

    dentist pulled out 9 teeth and tore out sinus cavity and maxilla bone . i have a dental expert that says dentist was wrong in what he did .. this happenened in mass

    Kevin’s Answer

    The answer probably depends on the law of your jurisdiction. However, a lawyer who performs legal work on a file that is on a contingency fee, may be entitled to the reasonalbe value of his work under the doctrine of Quantum meruit. His fee would be based on the value of his efforts and not neccesarily the number of hours he speant, although that is one factor that would be looked at. If this lawyer dropping you put your case in jeapordy or cost you money, or you had to hire another lawyer who is charging a larger fee or percentage, you could argue there should be no fee to him or her. In the end, you should have a say in who shares in the contingency fee.

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  • What is statute of limitations for mone being claimed by an insurance company for damages to a vehicle?

    I was uninsured and i hit another vehicle and now the insurance company is taking me to small claims court for the damages. Its been over two years but im told the time period for statute of limitations was put on hold because of arbitration

    Kevin’s Answer

    It appears your accident was in Connecticut. If so, the Limitation of action for injury to person or property caused by negligence, misconduct or malpractice. No action to recover damages for injury to the person, or to real or personal property, caused by negligence, or by reckless or wanton misconduct, or by malpractice of a physician, surgeon, dentist, podiatrist, chiropractor, hospital or sanatorium, shall be brought but within two years from the date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered, and except that no such action may be brought more than three years from the date of the act or omission complained of, except that a counterclaim may be interposed in any such action any time before the pleadings in such action are finally closed.

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  • My husband got a green card from marriage he has been arrest from d/m and child abuse will he loss his green card?

    We also lyied about him begining my daughters father to make ins think where were togther longing then we were and now my daughter bio father is fighting for his rights to her.

    Kevin’s Answer

    First of all, anything you say online can be seen by anyone -even after the words are taken off the internet, so it is never a good idea to put anything online that you wouldn't say over a loud speaker to an audience of priests, police, immigration officials, etc. You should get the idea. Your husband's immigration status is something you should discuss with an immigration lawyer and with his criminal defense attorney. Often criminal defense attorneys wil consult with immigration lawyers before we have our client enter any type of plea. It is really the conviction that dictates whether immigration status is at risk, not the arrest. Anyone can be arrested. Everyone is cloaked with the presumption of innocence built into our constitution. Good luck.

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  • Is there a statue of limitation on car accidents settlements.

    My lawyer have not settled. it has been 2 years and some, and nothing has been done by my lawyer he keep brushing me off with an excuse. Would I have to pay him if I get another lawyer to represent me. I'm afraid it will soon be to late to settle ...

    Kevin’s Answer

    Please look up the statute of limitations for your state at this web address. http://www.injuryboard.com/topic/tort-components-statutes.aspx. I am assuming you entered into a contingency fee agreement whereby the lawyer is not paid unless and until he makes a financial frecovery for you. You may discharge your lawyer at any time. Depending on your state, you probably would not have to pay him anything until your case settles and you probably would not have to pay any more than you agreed to pay him between all lawyers you may have respresent you. In other words, it is likely that the subsequent lawyer and your first lawyer would have to reach an agreement about sharing the fee, but you would not be penalized or charged more for having to find a lawyer who will work hard for you. Check with your state's bar association for more information and ask that your new lawyer put in writing for you that you will not be charged any more than what you originally agreed to pay the first lawyer. Good luck.

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  • Can homeowners policy be sued for domestic violence injuries?

    Can a homeowners policy be sued for injuries received by an adult stepchild, residing in the home, who has a history of domestic violence? The male stepfather received brutal injuries and has some permanent brain injuries. Would immigration stat...

    Kevin’s Answer

    Generally, I would say no. Although your question does not specify exactly how the stepfather was injured, it appears that he was assaulted by the adult stepchild. your question also does not specify who owns the home and who resides in the home. I am also assuming that both the injured stepfather and the adult stepchild were residents of the household. There are two potential problems to successfully asserting a claim against the homeowners policy. First, intentional torts, such as assault, are generally not covered events. Second, most policies exclude coverage for residents of the home. If stepfather was not a resident and did not know of the violent propensity of the step child, he may have a claim against the homeowner for not warning him of the dangerous person residing in the home.

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  • I am trying to be sued for a $500 I.O.U from a dealership 5yrs. later, What is the statute of limitations in CT.?

    I bought a truck in June of 2003, and in that purchase I guess I signed an I.O.U. (I do not remeber at all). I received a phone call in Aug. 2008 asking if I was the owner of a silver Ram 2500, and I replied w/ a puzzled YES. He then stated who ...

    Kevin’s Answer

    In connecticut a written agreement may be enforced within six years. As your facts are stated, the IOU is probably enforceable. Failure to bill you is no defense. The interest and fees being asserted are another story. Those are recoverable only if you agreed to pay them.

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  • If an attorney holds money in escrow does it need to be in an interest bearing account awaiting settlement

    we are awaiting the final outcome of a settlement and a sum is being held in escrow does our attorney need to hold that money ina an acount accruing interest

    Kevin’s Answer

    Generally no in the context of a settlement as the money should flow quickly through the lawyers accout. We are obligated to deposit client funds in ourIOLTA (interest on lawyers trust account)under ordinary circumstances. Review your fee agreement as it probably sets forth how your funds will be held pending distribution.

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