The Law Offices of Christopher J. Molyneaux, LLC

01/28/2022

When there is a disparity in income and expenses between the litigants in a divorce case, the court may order temporary alimony payments while the divorce remains pending. The purpose of Alimony Pendente Lite is to provide financial support to a dependent litigant during the divorce process. This is not a final determination of ongoing post-divorce alimony for the purposes of rehabilitation or long-term support. Moreover, there is no absolute right to receive an alimony award.

Courts are given wide discretion in determining whether alimony is appropriate in a particular situation. For temporary support, the court will weigh the same factors that are used to evaluate alimony awards in the final decree, with one exception. During the pendency of divorce, courts do not consider the reason for separation between the litigants. See Conn. Gen. Stat. § 46b-83(a). Factors include:

The length of the marriage
The respective ages of the divorcing spouses
The health, station and occupations of the litigants
The amount and sources of income of the parties
Potential earning capacities of the litigants
The vocational skills, education and employability of the divorcing spouses
The marital estate and the needs of the parties
Conn. Gen. Stat. § 46b-82. One goal in weighing the factors is to determine the needs of the recipient’s financial needs, as well as the payor’s ability to meet the needs.

While support obligations during the pendency of divorce are intended to maintain the status quo and allow a dependent litigant to maintain his or her lifestyle, determining needs of the recipient and the obligor’s ability to pay in complex estates is complicated.

Complex Marital Estates Can Complicate Alimony Calculations

Connecticut courts have no inherent authority to transfers assets from one spouse to another. That power rests solely on the enabling statute, which provides the court with the power to allocate all, or any part of the estate from one spouse to other when entering the final divorce decree to dissolve the marriage—not during the divorce proceeding.
The alimony pendente lite statute does allow the court to weigh the estate of each of the parties. For this reason, a detailed and strategic plan in preparing the financial documentation and evidentiary testimony is important in seeking fair results. This is especially true in relation to alimony pendente lite. During the pendency of the divorce litigation the court does not have authority to divide marital assets.

01/08/2022

Although many of us have slipped and fallen one or a few times in life because of clumsiness or distractions, there are some situations where a slip and fall accident is caused by a hazardous condition. Whether you are shopping at a grocery store or visiting a friend at their home, property owners must protect the safety of their guests and patrons, which means ensuring that the premises is reasonably safe.

If you suffered a serious injury in a slip and fall accident, you may be able to recover financial compensation from the property owner if he/she acted negligently when the incident occurred. However, there are several elements you need to prove in order to succeed in a slip and fall claim.

The following are the four elements a plaintiff must prove in a slip and fall lawsuit:

Duty of Care – As we mentioned earlier, property owners have a duty to maintain their property in a reasonably safe condition for guests and patrons. Property owners are also responsible for conducting routine inspections for any dangerous and defective conditions on the premises and warning guests and patrons of any known hazards.

Breach of Duty – A property owner breaches their duty of care by failing to maintain the premises in a reasonably safe condition, failing to make timely repairs, or failing to warn guests and patrons about dangerous and defective conditions. Keep in mind, the plaintiff must show that the dangerous or defective condition that caused their injury was apparent long enough for the property owner to identify and address the issue.

Causation – A property owner’s breach of duty was the proximate cause of the plaintiff’s injury. In other words, the property owner’s failure to repair or warn guests and patrons of a dangerous or defective condition resulted in an injury.

Damages – The plaintiff suffered damages from the property manager’s negligence. There are generally two types of damages: economic damages (e.g., medical expenses, lost wages, property damage, etc.) and non-economic damages (e.g., pain and suffering, emotional distress, etc.). Yet, if a jury finds the property owner to be grossly negligent, then the property owner may be liable for punitive damages.

If you have been injured in a slip and fall accident in Connecticut, contact The Law Offices of Christopher J. Molyneaux, LLC today at 203.456.2667 for a free consultation.

10/06/2021

Traffic accidents cause costly damages and injuries at the time they occur. That's why it's very important to consult with an experienced personal injury and accident lawyer to make sure you obtain maximum compensation for your pain and suffering.

09/28/2021

Pot smell didn’t provide probable cause for arrest.

The Delaware Supreme Court has ruled that ma*****na and co***ne seized after police arrested a juvenile should be suppressed because the pot smell emanating from the vehicle in which she was a passenger didn’t provide probable cause for her arrest.

09/16/2021

LEGAL PROTECTION and SUPPORT

We know that divorce actions or family court proceedings often involve both practical and emotional difficulties for a separating couple and their children. We are both aggressive in preserving your legal rights and sensitive to the personal impact on you and your family. Our firm representation includes divorce actions and family court proceedings, negotiation of settlement agreements, mediation and collaborative divorce throughout Fairfield County

09/09/2021

What are the most common injuries received during a car accident?

Countless accidents occur here in Connecticut every day. Many of the motorists involved don’t suffer remarkable injuries. There are other crashes where individuals suffer relatively minor injuries that they recover from within a few days or weeks. Then, there’s a small handful of cases in which people suffer life-threatening injuries or a driver doesn’t make it out alive.
Injuries have a way of seeming relatively minor at their early onset but ending up being far worse than they initially appear. You may want to brush up on some accident injuries and how common they are.

Soft tissue injuries and car accidents

One of the most common yet the most minor of car accident injuries is a soft tissue one. Whiplash is an example of this. This type of injury involves your head quickly shifting forward and backward. You may experience a headache and tingling or numbness in your neck and radiating into your limbs after suffering such an injury. Many soft tissue injuries don’t require further medical intervention besides time to heal after your first doctor’s visit.

Blunt force trauma injuries and car accidents

Accidents that occur at intersections or fast rates of speed are most likely to result in blunt force trauma injuries. The most common way these accidents occur is when a motorist strikes their head on a steering wheel, windshield or dashboard as another car impacts them. Motorcyclists, bicyclists and pedestrians are particularly vulnerable to suffering blunt force trauma injuries when a vehicle strikes them.
The danger associated with someone receiving a blunt force trauma injury is that they’re often more serious than what meets the eye. While a motorist may only appear to have an abrasion or laceration, the force of the crash may have caused internal organ damage or a brain bleed. Many blunt force trauma patients may even feel fine after their incident, only to deteriorate quickly in the hours and days following it.
Spinal cord and compression injuries are two other injuries that may result from high-speed or high-impact crashes, forever altering motorists’ lives.

All accident injuries warrant a doctor’s attention

One of the biggest mistakes that people make is that they don’t seek medical attention that could potentially save their lives. Medical care can be costly. Fortunately, Connecticut law may allow you to recover compensation necessary to receive the best possible treatment.

06/27/2021

Even if you didn’t suffer a serious or catastrophic injury in a recent car accident, it is still a good idea to seek medical attention as soon as possible. While it is not uncommon for accident victims to “tough it out” and let time be the ultimate healer, if you avoid going to the doctor following a collision, you could very well jeopardize your auto insurance claim or personal injury lawsuit.

The following are a few reasons why you need to seek immediate medical care after a crash:

You may not be aware of any apparent injuries – Car accidents generally take people by surprise. The overall shock and trauma of the collision may cause adrenaline and endorphins to course throughout your body, which is why you feel extremely energized afterward. However, this energy can also mask the pain of any injuries. So, even though you may feel fine right after the accident, you may not actually be fine at all. A doctor can determine the full extent of your injuries and provide the proper treatment for recovery.

Your medical record is an important piece of evidence in your case – When you visit your doctor, you start a vital paper trail that details the seriousness of your injuries and demonstrates you took every precaution to obtain treatment for any potential injuries suffered from the crash. Ensure all medical records contain accurate information and have your doctor correct any errors.

The insurance company may deny your claim or offer a reduced offer – If you delay treatment, the defendant or their insurer may question the severity of your injuries. They may claim your injury was caused by a pre-existing condition or you fabricated the entire condition and then either offer a low settlement or deny your entire claim. Visiting your doctor will validate your claim and protect you against unfounded claims by the at-fault party and their insurance company.

If you or a loved one has been injured in a car accident in Connecticut, contact The Law Offices of Christopher J. Molyneaux, LLC at 203.456.2667 for a free consultation.

06/10/2021

If you were recently injured in a car accident, it is not uncommon for the other driver’s insurance company to offer you a lump sum settlement. While accepting the first settlement may make sense from a financial perspective because of the losses you suffered from the collision, you have plenty to gain by taking your time and determining the best available legal options in your case.

The following are several reasons why you should NOT accept an insurance carrier’s initial settlement offer:

The insurance company is looking out for its own best interests – When you file a claim, an insurance adjuster will investigate the accident, figure out the value of your damages (e.g., property damage, medical bills, lost income, etc.), and then make you an offer. Unfortunately, this individual has the insurer’s best interests in mind—rather than yours–and he/she is committed to saving the company money.

You will receive a lowball offer – The adjuster’s goal is to provide the lowest possible settlement, which would be significantly less than what you deserve. Try to educate yourself about personal injury settlements and figure out the estimates of what you are entitled to by looking at any documentation related to all expenses associated with the crash.

Accepting the offer is final – Once you sign the dotted line, the offer is considered final, which means you cannot recover any additional funding–even if there is new documents or evidence that would result in more compensation, or you sustained a permanent disability that requires long-term care.

One of the most important steps you must take before accepting any offer is to hire an experienced personal injury attorney to determine the true value of your damages. The Law Offices of Christopher J. Molyneaux, LLC, has more than 25 years of combined experience in maximizing awards and settlements on behalf of our clients throughout Connecticut.

If you or a loved one has been injured in a crash in Connecticut, contact us today at 203.456.2667 for a free consultation.

05/22/2021

A car accident can be an emotionally overwhelming and traumatic experience, especially if you suffered an injury. But it is important to understand that what you do after the collision will affect whether you are able to recover financial compensation for your losses.

While you must know about the proper steps to take, you must also be aware of what mistakes to avoid.

The following are five of the most common mistakes people make after a car accident:

Admitting fault – Saying “I’m sorry” can be an instinctual response when you accidentally bump into someone while walking or even when you’re in someone’s way. Yet, doing so after a crash can be interpreted as an admission of fault by the other driver or their insurance company. Avoid apologizing – even accidentally – at all costs.

Not calling the police – In Connecticut, you are required by law to report the crash to the police – no matter how much damage was done. Law enforcement officials will collect evidence and prepare a crash report that contains important information. This report can also help you prove that the other party is at fault for the crash. If you do not call the police, you risk losing one of the most important pieces of evidence for your accident claim or lawsuit.

Not gathering evidence – Taking pictures is important for collecting evidence for your claim or lawsuit. Since cellphones are now equipped with cameras, documenting the scene of the accident is easier than ever. Without concrete evidence of the property damage and injuries you sustained, then proving your case will be more difficult.

Not getting medical attention – Not only do you need to visit the doctor to understand the full extent of your injury and receive the proper treatment, but you also need to obtain medical records to prove the legitimacy of your injury to insurance companies. The truth is some accident injuries are not immediately apparent after a collision, which is why it is better have a doctor examine you, rather than wait until the injury gets worse.

Accepting the first offer – The first settlement offer from insurance companies are often not what the injured party deserves. While it is tempting to resolve the case quickly, you have an opportunity to maximize your entitled compensation by building your case, especially with the help of a lawyer.

If you or a loved one has been injured in a car accident in Connecticut, contact The Law Offices of Christopher J. Molyneaux, LLC today at (203) 456-2667 for a free initial consultation.

04/23/2021

If you’ve been injured in a car accident, it’s important to get medical attention right away. Delaying care not only puts your health at risk, but could hurt a potential insurance claim or lawsuit. An insurance company can use your delay in seeking care to allege that you weren’t hurt that badly, or that you were injured after the accident in an unrelated incident.

If you’ve been injured in a car accident, speak to a personal injury attorney to learn if you may be entitled to compensation. The Law Offices of Christopher J. Molyneaux, LLC can help. Call for a free initial consultation. Your injuries are personal to us.

04/23/2021

Under a legal concept called premises liability, property owners have a duty to keep their property reasonably free of hazards. Property owners could be liable for injuries resulting from hazardous conditions on their property if they had a reasonable opportunity to become aware of the hazard and repair it.

If you’ve been injured in an accident on someone’s property, speak to an attorney at The Law Offices of Christopher J. Molyneaux, LLC to learn if you may be entitled to compensation. Your injuries are personal to us.

03/25/2021

If you were injured in an accident by slipping, tripping or falling that occurred on a business or someone else’s property, it can be confusing to know how to handle the aftermath. Most people don’t expect to be in an accident, much less contemplate a claim or lawsuit after the fact. But your injury may cost you in time and money with medical bills, rehabilitation therapies and lost wages. It is possible and within your rights to recover compensation for your losses, either through an insurance claim or in court.

Many accident victims may believe that they can handle the negotiations with the insurance companies and property owner. Insurance adjusters know that you don’t have the knowledge or experience of the many legal nuances and subtleties involved with these claims, which they may take advantage of with lowball settlement offers. If you’ve been injured and/or are out of work because of a slip and fall accident, you should consult with an injury attorney who specializes in these types of cases. Anyone hurt on someone else’s property should consider these 3 tips on what NOT to do after a slip and fall accident.

1. Waiting to Seek Medical Care
If you’ve been injured, seek medical care immediately or as soon as possible and follow through on the doctor’s orders and recommendations. Your medical care and records will serve as evidence of your injuries and damages incurred as a result of the slip and fall accident. If you don’t seek medical care, the assumption will be that you weren’t injured very badly.

2. Talking to the Property Owner or Their Insurance Company
Never discuss your case, especially the details of the incident, with the property owner or their insurance adjuster. Insurance adjusters are trained investigators and negotiators. If they hear any indications that you may be even partially at-fault in the accident, they will use that against you. It's possible that your compensation will be reduced if they believe you were partially at-fault.

If the insurance company presents you with a release to sign, do not sign it until you’ve consulted with a slip and fall accident lawyer. Once you sign the release, you are giving up all rights to further compensation. If you’ve been injured, you may not know the full extent of your injuries and the treatment that will be required further down the line. Don’t risk being left to pay for those medical bills on your own.

3. Posting on Social Media
Anything posted on social media can be used as evidence. Do not post photos of the accident and your injuries. Be very aware of any, even small digital footprints, like ‘check-ins’ and comments on news articles and the like. And, ask your friends and family to refrain from posting anything related to your case. The best way to avoid any comments or posts being used against you, is to set all your accounts to private and avoid using the platforms for the duration of your claim.

Attorney Christopher J. Molyneaux Can Help with Your Slip and Fall Accident Case
If you were injured in a slip and fall accident on someone else’s property, Attorney Christopher J. Molyneaux can help. When you hire a personal injury lawyer from our team, you pay nothing upfront. We work on contingent fees that are only collected if we win your case. If we don’t win, you don’t pay. Contact Christopher J. Molyneaux, Attorney at Law, for a free consultation. With our proven track record of success and our commitment to client care, we can turn your setback into a comeback.