TJC.ESQ FindLaw IM Template 2021-01-20T16:46:57Z WordPress /wp-content/uploads/sites/1301678/2020/11/cropped-tjc-site-icon-32x32.png On behalf of TJC • ESQ <![CDATA[What can we do about the distracted driving problem in the U.S.?]]> 2020-12-03T10:35:17Z 2020-11-28T10:26:31Z How big is the distracted driving problem in the U.S.? It is important not to underestimate just how big the distracted driving problem is in the U.S. According to the National Highway Traffic Safety Administration, from 2012 to 2018, around 23,000 people lost their lives in crashes involving a distracted driver. In 2018 alone, 2,841 people died in collisions involving a distracted driver. That is too many lives lost due to actions that are entirely preventable if drivers are upholding their duty of care.

How can we prevent texting and driving?

Motorists have options when it comes to safe driving. For example, if they have to use a cellphone to make a call or send or receive a text message, they should pull over to the side of the road, into a parking lot or another safe place, and put their car in park before taking that phone call or addressing that text messages. Another option is to place a passenger in the position of “designated texter,” who will handle any text messages the driver receives while behind the wheel. If a motorist has no passengers, and simply cannot ignore the ringing of their cellphone or the ding of a text message, they can keep their cellphone in an inaccessible location while driving such as the trunk of their car.

Distracted driving breaches a motorist’s duty of care

All motorists in Connecticut have the duty to drive safely. If this duty is breached due to distracted driving, including texting and driving, and this breach causes a car crash, the crash victims may be able to pursue compensation against the responsible driver. Those who have been injured in a car accident caused by a distracted driver will want to take the steps necessary to better understand their legal rights and options.]]>
On behalf of TJC • ESQ <![CDATA[Man charged with child sexual abuse on student in Connecticut]]> 2020-12-03T10:35:21Z 2020-11-25T10:26:12Z Man faces multiple federal and state charges for child sex abuse A 69-year-old man who was tutoring a 7-year-old boy is facing multiple federal and state charges for sexual abusing the child. The man, a former schoolteacher in New York, is said to have taken images using his phone to record sexual conduct involving the child. The images were transported from Connecticut to New York, leading to the federal charges. He was hired by the boy’s family in Connecticut. He is said to have touched the child inappropriately and taken photos and videos of him. He had initially been arrested in April. The family complained last year than the man was taking inappropriate photos. On the phone, investigators found more than 1,500 videos and images.

Understanding and addressing problems after child sex abuse

Sexual abuse of a child is a traumatic issue. The child can will inevitably deal with myriad challenges in the aftermath. While this is undoubtedly worrisome and many parents and guardians might not know what they should do, there are options. It is important for victims and their family to be legally shielded when the accusations have been made and after a person has been arrested for these allegations. Having experienced legal assistance can be beneficial to put a stop to the abuse and take the necessary steps to ensure that the person responsible is held accountable.

Having legal assistance may be crucial after child sex abuse accusations

People trusted to mentor and teach children are frequently found to be predators who use their jobs and apparent skills to gain access to children and commit child sex abuse. Religious organizations, sports teams, schools, child care facilities, medical care providers and the Boy Scouts are just some examples of environments where this can take place. Having legal support can be a fundamental part of getting a child beyond the mistreatment. Calling for a consultation with a caring and experienced legal professional can help with a case.]]>
On behalf of TJC • ESQ <![CDATA[How personal injury damages can help victims]]> 2020-12-03T10:35:24Z 2020-11-11T10:26:21Z personal injury claim.

Medical damages

Medical damages can be used to help injured victims with the medical bills they receive because of the medical care and treatment they need for their injuries suffered in a car accident. Medical expenses can be extensive and can include costs associated with doctor’s visits, time in the hospital and medications and medical equipment all of which personal injury damages may be able to help with. Damages for future medical care costs may also be available if needed.

Lost wages damages

Lost wages damages can be used to help injured victims with their lost earnings because of their time away from work while they injured. Based on the circumstances, injured victims may also be able to recover damages for lost-earning capacity if their injuries suffered in a car accident will prevent them from returning to work.

Pain and suffering damages

Pain and suffering damages can be used to help injured victims with the emotional trauma associated with a personal injury accident. The emotional toll of the injuries the victim has suffered, and their time away from work as a result, can prove stressful and personal injury damages, including pain and suffering damages, may be able to help. Personal injury damages may be recovered through a personal injury claim for damages that can help injured victims with their physical, financial and emotional damages. For that reason, injured car accident victims should be familiar with personal injury legal resources and how they can help them.]]>
On behalf of TJC • ESQ <![CDATA[Why parents should establish a holiday visitation schedule]]> 2020-12-03T10:35:28Z 2020-11-05T17:55:44Z Alternating important holidays In cases where both you and the other parent want to celebrate a major holiday with your children, you might decide to alternate custody every other year. You might choose to alternate all significant holidays or just a few specific ones that are important to both you and your ex.

Celebrating on separate days

Sometimes, co-parents will choose to share holiday time by celebrating the same holiday on separate days. This custody method tends to work well with holidays like Christmas Eve and Christmas Day, New Year's Eve and New Year’s Day, and Thanksgiving Day and the Friday after. It can be an ideal arrangement for parents who prefer to spend the full day with the kids.

Splitting up the day of the holiday

If transportation isn't an issue, sometimes it makes sense to split the holiday's actual day with your co-parent. In most cases, your child will spend the first half of the day with one parent and the second half with the other. This arrangement can be a useful compromise when both parents must celebrate on the actual holiday.

Assigning fixed holidays

Sometimes, co-parents will have different holidays that they value or believe are important. For example, if your family has a big Fourth of July celebration each year, but your co-parent rarely has plans to celebrate, you may decide that your child will celebrate with you on that holiday every year. Parents don't have to choose just one way to divide their holiday time. You and your ex can combine any of these visitation arrangements to find a solution that works for you and your family's needs. With the right visitation schedule, you can take the stress out of sharing the holidays.  ]]>
On behalf of TJC • ESQ <![CDATA[3 Methods of determining fault in a car accident]]> 2020-12-03T10:35:31Z 2020-10-26T00:36:10Z three different ways of determining fault after a car accident and what you should do in each scenario:

1. The drivers involved decide who is at fault

In some cases, drivers may agree about who is responsible at the scene of the accident. However, the event's initial shock can cause drivers to start accusing one another of fault or even point the finger at themselves. While you can determine who is at fault at the scene, be sure to still exchange contact, vehicle and insurance information with the other driver and take photos to avoid problems later on if someone changes their story.

2. The police report determines who is at fault

You may not think you need to involve the police if no one is hurt after an accident, but a police report can be a valuable tool for determining fault. A police report lays out the details of the accident, the damage, and the vehicles' positioning at the scene. It can also provide a record of any of the factors that played a role in your accident, such as whether the other driver intoxicated or driving distracted. A police report will also be necessary if you file a claim with your insurance.

3. The insurance company decides who is at fault

In many cases, each driver's insurers will determine who was to blame for the accident – especially if the drivers disagree. However, this doesn't necessarily mean you'll agree with the outcome or receive the compensation you deserve for your damages. In some cases, both you and the other driver may be at varying levels of fault, known as comparative negligence. For example, if the other driver ran a stop sign, but you were using your cellphone at the time of the crash, you may be partially at fault. Proving who is to blame for a car accident is no easy feat, especially when emotions are running high. No matter how you decide to proceed, be sure to document evidence and get everyone's contact information at the scene to protect yourself down the road.]]>
On behalf of TJC • ESQ <![CDATA[Connecticut cop charged with abusing, raping 11-year-old girl]]> 2020-12-03T10:35:35Z 2020-10-12T09:26:40Z recent arrest of a Connecticut police officer on charges of assaulting and raping an 11-year-old girl.

The crime

According to police reports, the victim was the daughter of a personal friend of the accused. The girl told state officials that the man had touched her “inappropriately several times. The seriousness of the charges were then increased when the girl added to her story. She told police that on the day of the incident, she had been in the defendant’s house and that he dragged her into his bedroom. The inappropriate touching followed. According the girl, the man then raped her as she pleaded with him to stop. Additional reports state that the girl used a doll to demonstrate what the man had done to her. The defendant was arrested on September 18 and charged with three counts of first degree sexual assault and three counts of risk of injury to a minor.

Civil liability

The defendant in this case faces serious criminal charges, but is also liable for any injuries suffered by the child. The initial reports of the crimes do not specify what, if any, injuries the child may have suffered, but the assaults seem to be specific and concrete. In such cases, the child may suffer emotional trauma that may not reveal itself until long after the assaults occurred. Any parent of a child who has suffered a similar assault may wish to explore pursuing a civil action against the perpetrator by consulting an attorney who is experienced in handling such claims. A knowledgeable lawyer can provide an evaluation of the evidence, refer the victim to an experienced child psychologist, and provide an estimate of the likelihood of recovering damages from the abuser.]]>
On behalf of TJC • ESQ <![CDATA[What are the three levels of TBI?]]> 2020-12-03T10:35:38Z 2020-09-29T09:26:49Z three levels of severity:
  • Mild TBI: This is generally referred to as a concussion. The victim is awake and aware of their current situation but might have lost consciousness for a brief time. They could suffer symptoms including persistent headaches, loss of balance and blurred vision.
  • Moderate TBI: A victim of moderate TBI will likely appear only responsive to stimulation. They will appear lethargic and sluggish in their movements or reactions.
  • Severe TBI: Medical professionals will generally diagnose a coma state when the victim has been unresponsive to external stimuli for more than six hours.
While the CDC cautions that accidents involving falls is the single greatest factor leading to a diagnosis of traumatic brain injuries, motor vehicle collisions account for 20% of the TBIs diagnosed in the United States. Depending on the severity of the injury and the victim’s medical history, an individual might struggle for days, weeks or months with serious symptoms. In some cases, the symptoms become life-long conditions. Even a minor collision at low speeds can lead to perceptive difficulties and cognitive challenges. These issues can make it almost impossible for an individual to maintain gainful employment while also fighting to regain a level of pre-accident health.]]>
On behalf of TJC • ESQ <![CDATA[Facing parental alienation after a divorce]]> 2020-12-03T10:35:41Z 2020-09-24T20:56:54Z What is parental alienation? Parental alienation is the act of one parent turning the child against the other parent. While many people assume this to be the intentional act of distancing a child from another parent, the process might be wholly unconscious. The fact that the alienation was not intentional, however, does not diminish the devastating effect of one parent damaging a child’s relationship with the other parent.

How does this happen?

As the alienator, a parent has numerous tactics at his or her disposal to discredit the ex-spouse, including:
  • Divulging unnecessary relationship details: The alienator might choose to share family secrets with the child that cast the other parent in a negative light. Instances of infidelity, for example, or even stories of past criminal activity can shade a child’s feelings.
  • Bending or breaking custody guidelines: By missing appointments or being late to a custody exchange, the alienator can make the subtle, yet consistent, point that the other parent’s time is not important.
  • Becoming protective of personal items: The alienator might become insistent that the child only brings the necessary clothing to custody exchanges. A favorite book, popular video games and comforting toys, however, will always stay at the alienator’s house. This can subconsciously build negative associations with the alienated parent.

Are there common signs that this is happening?

While certain actions of the alienator might raise red flags, the alienated parent must be aware of various signs or symptoms exhibited by the child, including:
  • The child constantly and unfairly criticizes the alienated parent
  • The child shows unwavering support for the alienator
  • The child shows no guilt about mistreating the alienated parent
  • The child shows no mixed or positive feelings toward the alienated parent – they are all negative feelings

What can be done?

It is important to act quickly and decisively. Make detailed records of events, dates and times of when you witnessed your ex’s lack of respect toward you in front of the child. Additionally, make notes of negative things your child has said to you that might have come from the other parent. Contact an experienced family law attorney and explain your worries. A lawyer can provide the suggestions and representation you need.]]>
On behalf of TJC • ESQ <![CDATA[Lawsuit claiming child sexual abuse lodged against ‘Cheer’ star]]> 2020-12-03T10:35:45Z 2020-09-24T09:26:58Z Child sexual exploitation case lodged against “Cheer” star According to CNN, a lawsuit has been filed against Jeremiah “Jerry” Harris from the Netflix docuseries “Cheer” accusing him of committing acts of child sexual exploitation and abuse against two young male cheer athletes. Harris is accused of using social media to send sexual messages and photographs to the minors. In addition, according to the lawsuit, Harris tried to meet the minors in secret locations in order to have sexual contact with them. The lawsuit also includes the United States All Star Federation, Varsity Spirit and Cheer Athletics as plaintiffs. Per the lawsuit, these companies did not implement reasonable safeguards to keep Harris from committing the alleged acts of child sexual abuse.

Speak out if your child was the victim of sexual abuse

Child sexual abuse can be difficult to report. Not only do the victims have to relive the trauma, but they may believe that they will not be taken seriously if they try to take action against the harms they suffered. However, it is important to ensure that child sexual abuse victims have their voices heard. Parents of child sexual abuse victims may want to learn more about their legal options, including whether filing a civil lawsuit is right for them. Doing so could put a stop to further abuse, and it could bring a sense of security and justice to victims and their parents.]]>
On behalf of TJC • ESQ <![CDATA[Digital snooping during divorce: Why it’s a bad idea]]> 2020-12-03T10:35:49Z 2020-09-01T20:23:31Z can provide influential evidence during a separation. This is not, however, an excuse for a spouse to snoop through a partner’s private accounts. Doing so is not just often illegal, but can actually hurt – rather than help – the case.

Resist the temptation to snoop

Technology has evolved quickly, and many laws remain behind the times. However, privacy laws at the federal and state levels provide fairly robust protection from digital snooping. This makes spying on a spouse not just a legal gray area, but oftentimes outright illegal. Despite this, there is an abundance of hardware and software that allows for easy prying. This can include:
  • Spyware programs to track a user’s computer activities
  • A hidden recorder or voice recording program
  • Small, easily disguised GPS devices
  • Inconspicuous spy cameras
  • Logging into private accounts to comb through messages
  • Keyloggers that record every keystroke
Finding evidence that confirms a suspicion of wrongdoing may feel gratifying. Its benefits stop there. Illegally obtained evidence is not admissible in court, so does your case no good. In addition, snooping could be seen as a negative behavior that ultimately influences other divorce considerations, such as the final custody order. And of course, you could face criminal charges or a civil suit.

Lawful electronic discovery

Part of the job of a divorce attorney is to gather relevant evidence in accordance with the law. This applies to electronic records, not just physical documents. There are means to securing and obtaining things like bank records, text messages, browsing history, phone usage and more – but this must be done with strict adherence to all applicable laws. There is a lot at stake in a divorce. It is an emotionally challenging time, particularly if there was wrongdoing involved. While the urge to gather up digital evidence by any means possible is tempting, it is best to resist. Speak to your lawyer about any suspicions or ideas, and they can help determine the appropriate – and most beneficial – path forward.]]>