I was in a car accident , can i fight for the gross income as a lost of work ? I was an independent truck driver and most of my expensive was driving back without load . Thank you
I don't understand your question. If you missed work and lost wages as a result of a car accident, the at-fault party is responsible for your lost wages. If you are an independent contractor (e.g. you're not paid wages) then they are responsible for your lost profits, which likely is your net income. Without specifics it is hard to give better advice - just keep in mind the goal of the law: To put you back in the position you would have been, as best as money can do it, if you had not been the victim of the other driver's negligence.See question
This is the answer I got from court "Based on the court’s review of #102.00 and #103.00, the court concludes that the defendant prepared and served the plaintiff with a copy of an answer, but that answer does not appear to have been filed with the...
It would appear likely that:
The defendant needs to file their answer with the Court and has now been ordered to do so.
The document you filed as a "motion to strike" is not really a motion to strike so the court is treating it as a Reply to the Answer (which Answer has not yet been filed).
The "motion to strike" had been scheduled for argument on 1/17/17 - that is now cancelled.
Once the defendant files an answer, you are ordered within 2 weeks thereafter to file a Certificate of Closed Pleadings. It is a form. If you have been e-filing, just select it there and it will tell you what information it needs. If you are not e-filing, find the form on the website and fill it out and file it. But wait until the defendant files its answer first.
If 2-3 weeks pass and the defendant has not filed their answer, you might consider filing a motion to default for failure to plead and for failure to follow the above order of the court.
I am asking for my mother as her english is limited and her details are plenty and can be confusing. NEED: to respond to a bill of interpleader and or interlocutory judgement EVENT: a car accident and personal injury case as a result. Two perso...
Those are some serious allegations. I would suggest your Mom consult with a new lawyer ASAP.See question
I was the plaintiff in an employment/discrimination case (dual-filed with FEPA and EEOC). A mediation was arranged with one of two mediators vetted by the Defendant firm. The mediator failed to make any written disclosures. During the mediation...
While you haven't provided enough information to give real answers, the short answer to your question would appear to be yes. However, the grounds are exceedingly limited and mostly focus on duress / lack of real voluntary agreement to enter into the settlement. Courts are exceedingly hesitant to exercise this power because of the value placed on "finality". As far as the facts you cited - the mediator giving you his opinion on the case is not likely to matter. Their job is to help the parties reach a settlement. The fact that the other side had more attorneys is potentially relevant but not dispositive. The fact that a named party attended is likely a non-issue - parties are expected to attend mediations. Finally, keep in mind that everything that occurs in a mediation is presumptively confidential. I litigated an attempt to get out of a settlement at mediation once - we lost at the trial court, took an appeal, the CT Supreme Court took the case from the appellate court to resolve the dispute, and then the parties settled. At the end of the day, if you voluntarily signed a settlement agreement, the odds are that you are going to be held to that agreement.See question
I am the plaintiff and the defendants are asking for additional time to plead. Can I file something rebutting why this should not be granted?
You can always object to most anything. Whether you should and whether it will be granted is less clear. Do you have a real basis to object - for example, will the extension harm you in any way? Sometimes there are statute of limitations issues looming that do justify objecting. There may be other reasons. If you feel that the extension will actually harm you in some way other than just a month of delay, then you can object and articulate that reason to the Court in your objection. What you want to avoid is seeming like you're being obstreperous for the sake of being difficult - that won't likely succeed and in the long run probably isn't in your best interest. Best of luck.See question
the insurance company of the person who hit me only covers so much per person which is not enough to cover my medical bills. since their insurance maxes out do you then file a claim through your own insurance or pursue the persons assets who cause...
If you have underinsured coverage on your own policy and if it exceeds the policy limits of the person who hit you, and if you get all the money available from the person who hit you, then you can make a claim on your own insurance (underinsured coverage). You can also seek assets from the person who caused the damages, although these options have pros/cons. There may also be other policies available that you're not even considering. You really should call a good PI lawyer. They'll be able to better explain what is involved and most of us don't charge for a telcall.See question
My dog bit someone that came on to my mother's yard. My mother's homeowners will not cover it because I'm not on the policy and it's not her dog.
Whatever you do, you should consult with an attorney first. There may be insurance coverage despite what your mother's homeowner's insurer has said. Separately, you have to be very careful when negotiating a settlement. Most lawyers will give you a free consult; I'd recommend you speak to a few. Take your mom's policy and any letters from the insurer with you as well as the Summons and Complaint.See question
I was hit by a tractor-trailer who was trying to switch lanes and didn't see me during this time my car was lifted and dropped two times while being dragged across 2 lanes he was found at fault so far I've had physical therapy 3 unsuccessful shot...
As others have noted, the information provided really isn't sufficient to provide guidance on value. That said, it appears to be a valuable and potentially very valuable claim. If the tractor-trailer is involved in interstate commerce, it also has mandatory minimum insurance requirements which are far above non-commercial vehicles (I believe they are $1 million as compared to $20,000 for regular cars in CT). I have handled trucking cases in the past and they can be tricky and intensive. Discovery can be difficult (especially if the trucking company is from out of the country - I've had to deal with that before) and knowing the Trucker's "Red Book" (their guidelines and rules) is often key to know whether the trucker violated any rules that apply in particular to truckers. I would strongly encourage you to contact a personal injury lawyer with experience in trucking litigation and with a good reputation and track record. Best wishes for a speedy recovery regardless.See question
While driving the employer's tractor trailer in the course of work, trace amounts in varying degrees of the tractor's diesel exhaust fumes and carbon monoxide were leaking inside into the tractor cab for months due to an internal tear within the t...
As many have said, you likely don't have a PI claim against your employer due to the exclusivity provisions of workers compensation. While there are some exceptions, they are exceedingly narrow and typically require intentional harm. However, as others have also noted, you have to look at everything carefully. Is the tractor trailer owned by a separate entity from your formal employer? If so, you may have a PI claim - even if those entities are related. Was the defect the result of negligence by a mechanic or other 3rd party (separate from your formal employer)? If so, possible PI claim. In short, you need to figure out why the leak was occurring and whether anyone other than your formal employer was responsible. If you find someone, they may be subject to a PI claim.See question
In a protective order case where I was the applicant, both the respondent and her(legal aid) lawyer used fraudulent documents and perjury in order to influence/win that hearing. I looked into an appeal but that would only bring me to a pre-argume...
As Attorney DeMatteo pointed out, under CT law, you can always open a judgment or decision on the basis of fraud. Its not clear if a judgment entered or if this was an interlocutory type of order, but you should file a motion to re-open that decision along with your proof of fraud and why it matters (e.g. show why the fraudulent documents and perjured testimony mattered) and hopefully the court will schedule a hearing at which time you will be able to try and prove the fraud.See question