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Complying with the FBAR

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If you have a foreign financial account, the federal Bank Secrecy Act may require you to report the foreign bank and financial account (“FBAR”) yearly to the I.R.S. by filing Form TD F-90-22.1.  The purpose of the FBAR is to help the U.S. government investigate persons who may be using foreign financial accounts for illegal purposes, including counter-terrorism, and to identify unreported income maintained in a foreign financial account.

What constitutes a ‘foreign financial account’?

A financial account includes a savings or checking account, securities or brokerage account, futures or options account, an insurance or annuity policy with a cash value, shares in a mutual fund or similar pooled fund, and other accounts maintained with a financial institution.  A financial account is “foreign” if the institution is physically located outside of the United States.  FBAR is not required for an account maintained with a branch, agency, or other office located in the U.S., even if the financial institution is foreign.  An account is not deemed foreign merely because it may contain holdings or assets of foreign entities, as long as the owner maintains the account with a financial institution located in the United States.

Who qualifies as a ‘U.S. person’?

A “U.S. person” must file an FBAR if (i) the U.S. person had a financial interest in or signature authority over at least one financial account located outside of the United States, and (ii) the aggregate value of all foreign financial accounts exceeded $10,000 at any time during the calendar year to be reported.

For this purpose, a “U.S. person” means a U.S. citizen or a U.S. resident, as well as a corporation, partnership, limited liability company, and trust and estate formed under the laws of the United States or a state thereunder.

Generally, a U.S. person has a “financial interest” in a foreign financial account if she is the record owner or has legal title in the account, whether or not she is the beneficial owner.

Moreover, a U.S. person has a financial interest in a foreign account held by a nominee, if the beneficial owner of the foreign account is a U.S. person.  Also, a U.S. person has a financial interest in a foreign account where a corporation, partnership, or a trust is the record owner or has legal title in the foreign account, if a U.S. person owns more than 50% of the (i) total value of shares or voting stock of a corporation, (ii) partnership’s profits or capital, or (iii) the trust’s assets or income, as applicable.

A person has a “signature authority” if she has the authority to control the disposition of money, funds or other assets held in a financial account by direct communication (whether in writing or otherwise) to the person with whom the financial account is maintained.

Filing an FBAR

Exceptions to the FBAR reporting are found in the FBAR instructions, including participants in retirement plans that hold foreign financial accounts.

On the FBAR form, taxpayers must report their interest in the foreign financial account and identify the foreign country where the account is maintained.

The FBAR is not filed with the tax return and must be received by the IRS on or before June 30 of the following calendar year being reported.  A request for extension for filing the FBAR is not allowed.

Consequences of a Failure to File

A civil penalty not in excess of $10,000 per violation could apply to a failure to file an FBAR.  No penalty will be imposed if there is a reasonable cause for the failure and the balance in the account is properly reported.  Willful failure to file an FBAR may trigger a civil monetary penalty equal to the greater of $100,000 or 50% of the balance in the account at the time of the violation as well as criminal penalties.  Willfulness is generally determined by a voluntary, intentional violation of a known legal duty.

In the past few years, the Tax Division of the U.S. Department of Justice criminally indicted several taxpayers and advisors for activities associated with U.S. persons holding undeclared interests in foreign financial accounts, and many others are targets or subjects of ongoing federal criminal investigations.  In February 2009, UBS, under threat of criminal prosecution from the U.S. Department of Justice, turned over “secret” bank account information related to 280 of their U.S. clients and subsequently agreed to turn over information on many thousand more.

Credit Suisse reportedly started issuing letters to their US clients stating that a request for information on U.S. account holders has been received and that Credit Suisse has been ordered to turn over the information to the Swiss Federal Taxing Administration, which will then turn them over to the IRS, unless the US clients can demonstrate the turnover of information would violate Swiss law, including the U.S.-Swiss Tax Treaty.

IRS Voluntary Disclosure Programs

Taxpayers with undisclosed foreign accounts can become compliant with the U.S. tax laws by directly participating in the IRS voluntary disclosure program or by merely filing an amended or delinquent returns and FBARs for prior years.  The IRS had issued voluntary disclosure programs in 2009 and 2011 for undeclared interests in foreign financial account.  Under the 2011 program, eligible taxpayer must contact the IRS Criminal Investigation to request participation in the program, must file all original and amended income tax return as applicable, and pay any taxes owed (including interest and penalties).  Under the IRS long-standing voluntary disclosure practice, taxpayers who voluntarily disclosed their foreign bank accounts under the voluntary program are able to avoid potential criminal prosecution.

On January 9, 2012, the IRS reopened the offshore voluntary disclosure program “to help people hiding offshore accounts get current with their taxes.”  The IRS announced that it received over 33,000 voluntary disclosures and collected more than $4.4 billion so far from the two previous voluntary disclosure programs.  Under the 2012 program, a single penalty of 27.5% of the highest aggregate balance in foreign bank accounts during the eight full tax years prior to the disclosure will apply, up from 25% in 2011.  Some taxpayers will be eligible for 5 or 12.5% penalties, same as 2011.

In addition, participants must file an original and amended tax return, pay back taxes and interest for up to eight years, and pay any applicable accuracy-related and/or delinquency penalties as applicable.  Unlike the 2011 program, there is no set deadline for people to apply, and the terms of the program (e.g., penalties may be increased for all or some taxpayers) could change at any time going forward.

Conclusion

Generally under the voluntary disclosure program, taxpayers can reasonably calculate the total cost of resolving all offshore tax issues and avoid potential criminal prosecution.  Taxpayers who do not make voluntary disclosure risk detection by the IRS, substantial penalties (including the civil fraud penalty and foreign information return penalties), and possible criminal prosecution.

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If you have any questions regarding FBAR reports or compliance, please do not hesitate to contact Joseph Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a consultation today.

How to Survive an IRS Audit

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Taxpayers in general have about a 1% chance of receiving an IRS audit each year.  You beat the odds and your tax return has been selected for an audit.  What does this mean and what do you do?

What is an IRS tax audit?

An IRS tax audit means that the IRS is examining your tax return carefully for the accuracy with intent to verify the correctness.  Your return may have been selected (i) based on the IRS’s computer program that scores returns based on certain red flags the IRS has identified (e.g., Schedule C filers, cash basis businesses, excessive deductions), (ii) based on information received from third-party documentation, such as Forms 1099 and W-2 that do not match the information reported on your return, or (iii) to address questionable treatment of an item and to study the behavior of similar taxpayers in that market segment in handling the tax issue.

It is helpful to understand the statute of limitation under which the IRS audit is conducted.  In most cases, the IRS has 3 years from the date the tax return is filed to assess any additional tax.  Typically, this means the IRS will issue an audit notice 12 to 18 months after the tax return is filed and have 1 to 2 years to complete the audit.  If the audit is not completed within the 3 year period and the IRS does not timely assess additional tax liability, the taxpayer is generally not liable for the additional tax.

However, if the taxpayer (is found to have) underreported income on the tax return by 25% or more, then the IRS has 6 years to audit and assess tax deficiency from the date the return is filed.  In the case of fraud, the IRS has unlimited time period to audit the tax return.

The Audit Process

The audit may be conducted by mail, in taxpayer’s place of business or preferably at its representative’s office (to minimize the IRS’s access to documents and information), or in the IRS offices.  The IRS will typically request information and documents to review, and may ask to interview the taxpayer.  The law requires you to retain records used to prepare your tax return, and generally you should keep them for three years from the date the tax return was filed.

During the audit process, taxpayers have certain rights:  (i) the right to professional and courteous treatment by the IRS employees, (ii) right to privacy and confidentiality about tax matters, (iii) right to know why the IRS is asking for information, how the IRS will use it and what will happen if the requested information is not provided, (iv) a right to representation by oneself or an authorized representative, and (v) right to appeal.

The audit may conclude with: (i) no change to the return because all of the items under review were substantiated, (ii) taxpayer agreeing with the IRS’s proposed changes to the tax liability, or (iii) taxpayer disagreeing with the IRS’s proposed changes.

Protesting IRS Proposed Changes

If you agree with the IRS proposed changes, you can sign the examination report, and if money is owed, several payment options may be available.

If you disagree with the IRS findings based on the tax law, a conference with a manager may be requested for further review of the issue.  In the case that an agreement cannot be reached with the examiner’s supervisor, the examiner will forward your case for processing and you will receive a letter (known as a 30-day letter) notifying you of your right to appeal the proposed changes within 30 days.

A formal written protest within 30-days is usually required to appeal the case to the IRS Appeals division.  The IRS Appeals division is separate and independent of the IRS Examination division which conducts the audit, and is designed to settle most disputes without going to court.  If is important to respond timely to the 30-day letter if you want to appeal your case.

If you do not respond to the 30-day letter (or if you do not reach an agreement with the IRS Appeals Officer), the IRS will send you a letter (known as a 90-day letter), notifying you of your right to file a petition with the United States Tax Court within 90 days.  Alternatively, you may take your case to the United States Court of Federal Claims or the United States District Courts.

Taking your Case to Court

Generally, the Tax Court hears your case before any tax has been assessed and paid.  If you do not file your Tax Court petition on time, the proposed tax will be assessed, a bill will be sent to you and you have to pay your taxes or collection can proceed.

The District Court and the Court of Federal Claims hear tax cases only after you have paid the tax and filed a claim for a credit or refund with the IRS on Form 1040X.  Generally, you must file a claim for a credit or refund within 3 years from the date you filed your original return or 2 years from the date you paid the tax, whichever is later.

If the IRS rejects your claim, you can file suit for a credit or refund in the District Court or in the Court of Federal Claims within 2 years from the date IRS rejects your claim.  You can also file suit for credit or refund if the IRS has not delivered a decision within 6 months since you filed a claim.

The IRS Appeals Office will normally consider any case petitioned to the United State Tax Court for settlement before the Tax Court hears the case.  You may be able to recover reasonable litigation or administrative expenses to defend your position with the IRS if you are the prevailing party, exhaust all administrative remedies within the IRS, your net worth is below certain limit and other requirements are met.

Potential Penalties

If you owe any additional taxes, you must pay interest on the additional tax, and interest is generally calculated from the due date of your return to the date of your payment.  Interest, however, may be suspended or abated under certain specific circumstances.

If you owe any additional taxes, various civil tax penalty provisions could apply, including the 20% accuracy related penalty on the total understatement of tax, failure to file penalty, failure to pay penalty, and civil fraud penalties equal to 75% of any federal tax due to fraud, plus interest on penalties.  Worst case, possible criminal charges (misdemeanors and felonies) could arise in applicable cases.

When faced with an IRS (or a state) audit, the goal is to limit the scope of the auditor’s review and limit your financial impact, and settle any disputes as early as possible during the examination or appeals process.  The first thing you should do is consult a tax counsel who can assist you, especially if you have complex or sensitive issues, since settlements of disputes often involve legal analysis of the tax law and an in-depth understanding of the tax procedure.  You should consult a tax counsel if you have potentially sensitive tax issues that might involve criminal tax matters.

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If you have any questions regarding IRS audits, or tax law in general, please do not hesitate to contact Joseph Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a consultation today.

Failure to Warn Case Against Generic Ibuprofen

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A federal appeals court has reinstated a lawsuit against the maker of a generic brand of ibuprofen. The lawsuit is on behalf of a child who suffered liver damage after taking the drug as prescribed after surgery. The case holds generic drug makers to the same labeling standard as makers of patented drugs. The case alleges failure to warn of ibuprofen risks by the drug maker. The court says the duty to warn applies to generic drug makers.

Drug Label Failed to Warn of Known Risk

Ibuprofen is a popular over-the-counter painkiller. The lawsuit says the drug is known to cause liver failure under some circumstances. The label contained no warnings about this potential side effect.

In 2009 the Supreme Court ruled drug makers can be sued for failing to warn of the risks of a medication even though the FDA has approved package or label warnings. This ruling makes clear the same standard applies to makers of the generic forms of the drug. Failure to warn is one of the main theories of product liability law.

By now everyone should be clear on the risks of liver damage associated with the two common aspirin alternatives. The FDA instructed drug makers to limit the amount of acetaminophen in prescription painkillers like oxycodone and hydrocodone. As this case shows, what you don’t know can hurt you.

By: Arthur Buono

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If you have any questions relating to a personal injury claim or would like to schedule a free consultation, please contact Joseph Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com.

Nightclub Owners Agree to $4.2 Million Settlement in Wrong-Way Crash Case

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Case Background

The parents of Connecticut College student Elizabeth Durante reached a settlement in their wrongful death lawsuit against the owners of the Ultra 88 nightclub at Mohegan Sun Thursday for $4.2 million.

Durante, a 20-year-old aspiring medical student, had recruited fellow students for a humanitarian mission to Uganda during spring break in March 2009 and was en route to the airport when she was killed in a wrong-way collision on Interstate 395 that was caused by an intoxicated nightclub patron Daniel Musser.

Durante’s parents, Keith and Kathleen Durante of Islip, N.Y., had sued the club’s Boston-based owners, Plan B LLC, and the Lyons Group, and its permittee, Patrick Lyons, claiming the nightclub had acted recklessly and negligently.

The Durantes and attorneys involved in the case agreed they would not comment publicly on the settlement, the details of which were put on the record Thursday afternoon by Hartford Superior Court Judge William H. Bright Jr.

The Settlement

The judge released a jury that had listened to two days of evidence in the case before the parties agreed to the $4.2 million figure. In reaching the settlement in state court, the Durantes also agreed to release the nightclub backers from a case that is pending in Mohegan tribal court, according to a court transcript.

New London attorneys Robert I. Reardon Jr. and Kelly E. Reardon represented the Durantes. Attorneys Scott Behman, Frank Ganz and Domenick Secundo from the Wallingford law firm Behman Hambelton represented the club and its backers.

Musser, then a sailor stationed at the Naval Submarine Base in Groton, had been drinking at Ultra 88 for several hours before he drove the wrong way out of the casino in the early morning hours of March 7, 2009. Musser’s car collided head-on near Exit 79A on I-395 with a van carrying Durante and seven other students to Logan Airport.

Pretrial Settlement Discussion

Pretrial settlement talks were unsuccessful, so the sides selected a jury and testimony began Tuesday in Hartford Superior Court. Bartender Sarah Webster, who sold Musser several drinks at the nightclub before calling security to eject him for lewd behavior, had been on the witness stand for several hours when the settlement talks resumed.

Musser, who had a 0.13 blood alcohol level following the crash and is serving a 75-month sentence for second-degree manslaughter, was slated to testify on Friday had the trial continued.

Three other students and the van driver had also sued Ultra 88 and had settled their lawsuits during jury selection. The Durantes had initially sued Mohegan tribal officials, but a judge ruled they had sovereign immunity.

In late 2009, following the deaths of Durante and two others that occurred after patrons left the casino under the influence of alcohol, the tribe said it was expanding its measures to prevent drunken driving.

By Karen Florin, theday.com

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If you have any questions relating an auto accident, wrongful death claim or would like to schedule a free consultation, please contact Joseph Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com.

Surviving Medical Malpractice

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It sometimes seems that friends and family are constantly in and out of doctor’s offices and hospitals.  We once went six months straight with a different friend in the hospital each month.  Hospitals are amazing places staffed by people whose job is to help you get better.  Unfortunately, that doesn’t always happen.  Sometimes people are beyond help.  Worse yet, sometimes the actions or inactions of the doctors or nurses can unnecessarily injure or kill a patient.  This happened to a friend of mine almost five years ago.  She is still paying off the medical bills from her hospitalization despite the fact that her doctor committed medical malpractice and she came within a few hours of dying.

So, what’s the problem, why is she paying off the bills, including the fees of the doctor that nearly killed her?  None of the attorneys she spoke to would take her case.  Why?  Because she lived.

Medical Malpractice Cases

That’s right.  If she had died they would have been happy to help her husband go after the people responsible, but because she lived they felt the damage wasn’t catastrophic enough.  Apparently weeks in the hospital, hundreds of thousands of dollars of medical bills that her insurance didn’t cover, and inability to work for about a year wasn’t catastrophic.  It was incomprehensible to me that medical professionals nearly killed her and then legal professionals did nothing to right the wrong.

I’ve done some research and discovered that my friend isn’t the only one who has been left out in the cold.  It turns out one of the reasons attorneys are so picky about the cases they accept is that it is very hard to win a medical malpractice case.  The things an attorney will consider in taking your case are:  liability, damages, and who would pay the damages.  If you think you have a potential medical malpractice claim, here are some things you should consider in deciding what to do next.

Do you live in a state that requires you to first try to work things out through mediation or arbitration? 

The process can vary from state to state so you may want to ask a legal professional in your state what to expect.

How long ago did this happen?

While there can be variants in different states’ statutes of limitations, if what happened was over two years ago you may find it hard to bring your claim now.  Seek the advice of a lawyer on this for your state’s particular rules and any factors that may extend the time you have to bring suit.

Was your doctor negligent? 

Negligence can come in many forms.  Common ones include: misdiagnosing a problem, failure to treat a problem correctly, giving the wrong medication, and failing to warn you of the risks of surgery or other procedures.  Of course, even if your doctor did misdiagnose you, that doesn’t automatically mean you can take him to court and win.  The question then becomes: was that a common enough misdiagnosis that other doctors would have made the same mistake?  That leads to the next question.

How would your doctor’s actions compare to those of other doctors? 

If the average practitioner would have done the exact same thing, you’re probably not going to be able to win a lawsuit.  Your doctor’s actions have to be judged in light of a standard of care observed by doctors.  This guarantees that you can’t go after a doctor just because he isn’t on the cutting edge of research or number one in his field.  If your doctor’s actions were in line with accepted medical practice, then he’s probably covered.  However, if other doctors are surprised or perplexed by the actions of the one who caused your injury, you might be able to bring a case against him.

What damages did you suffer? 

This is another one of those fuzzy areas.  Of course, some damages such as medical bills are obvious.  However, you also need to think in terms of loss of ability, pain and suffering and what the short and long term effects will be.  What makes this difficult is that this varies greatly from person to person.  For example, loss of a toe for a professional dancer could be much more catastrophic than for a banker.  The physical marring and the loss of balance could negatively impact a dancer’s work and income whereas a banker should be able to do his work just fine without the toe.

There are a lot of factors that affect a medical malpractice case.  If you think you have one, seek out an attorney as soon as possible.  Keep in mind the above list so you know what to ask and what to expect from the meeting.  Don’t be too shocked if the attorney refuses to take your case.  Do seek out a second opinion, just like you would from a doctor!

However, if multiple attorneys tell you the same thing then the best thing you can do for yourself is let it go.  Work on recovering physically and financially as fast as you can.  A lawyer can help you work out the details of your medical financial obligations and how to best handle them.  The important thing is to do what you can to minimize the impact and get on with the rest of your life and do your best to thrive, not just survive!

By: lawyers.com

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If you have any questions relating to a personal injury claim or would like to schedule a free consultation, please contact Joseph Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com.

‘Distracted Doctoring’ a Danger to Patients

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Distractions From Patient Care

A survey found that 55 percent of technicians monitoring bypass machines admitted to talking on cell phones during surgery. Half admitted to texting while in surgery. A widely read editorial in Anesthesiology News by Peter J. Papadakos, MD, says health care workers today are “fixated on computer screens” and rarely receive information directly from their patients. Papadakos referred to a study presented to the American Society of Anesthesiologists this year that said nurse anesthetists and residents were distracted by something other than patient care in 54 percent of cases. The study further cited surfing the Internet as the primary distraction. All of these distractions serve as a potential danger to patients.

Additionally, a report in The New York Times cited polls of medical professionals in which a majority of respondents admitted using cellphones during critical procedures. The Times cited a survey of medical technicians published in Perfusion, a journal about cardio-pulmonary bypass surgery, which found that 55 percent of technicians who monitor bypass machines acknowledged talking on cell phones during heart surgery and half said they had texted while in surgery.

“Why does anyone carry a cell phone into an operating room?” Patrick A. Salvi, managing equity partner of Salvi, Schostok & Pritchard P.C. in Chicago, asked. “The patient on the table deserves the undivided attention of everyone in that room.”

Malpractice of Healthcare Workers

Salvi, a medical malpractice attorney, expressed concern that healthcare workers’ increased reliance on electronic devices has become a distraction that has led to medical errors and injuries.

“We’re dismayed by reports that say doctors, nurses, technicians and others providing medical care are spending too much time focused on smartphones, computer screens and other devices when they should be paying attention to their patients.” “We’re not against the use of electronic devices for delivery of medical records or even personal communication, but it is absolutely crucial that a focus on the patient is not dropped from the accepted standards of medical care,” said Salvi.

Anyone believing their injuries or the injury or death of a loved one in a hospital or another medical setting may have been caused by medical errors resulting from distraction should contact an experienced medical malpractice attorney immediately.

By: Larry Bodine

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If you have any questions relating to a medical malpractice claims, medical negligence or injury, or a personal injury claim or would like to schedule a free consultation, please contact Joseph Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com.

State Lawmaker Involved in Car Accident Lawsuit Accused of Drunk Driving

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A personal injury lawsuit filed this week accuses Connecticut State Rep. Christina Ayala of fleeing the scene of an accident caused by her own drunk driving, according to a report from the Norwich Bulletin.

Sources say the lawsuit, filed by 26-year-old Krystal Valez, claims that Ayala was under the influence of alcohol when she ran her car into a vehicle driven by Valez. The lawsuit also alleges that Ayala fled the scene of the accident.

The accident in question occurred last August, when Ayala’s 2007 Nissan Sentra allegedly struck a 2002 Honda Accord being driven by Valez.

Ayala allegedly fled the scene of the accident, but a person who witnessed the crash followed her car and eventually forced her to pull over about six blocks from the location of the collision, according to sources.

When Ayala was questioned by officers after the accident, she claimed that she tried to check on Valez following the collision, but that she decided to leave the scene because she felt “scared” due to the presence of a man who was screaming at her.

Car Accident Lawsuit

Interestingly, when police took Ayala into custody, they did not test her for alcohol, because they claimed she did not appear to be intoxicated. Nevertheless, the lawsuit filed by Valez alleges that Ayala was drunk at the time of the crash.

The plaintiff claims that she suffered back injuries and a concussion as a result of the accident, and that her medical costs amount to roughly $11,000.

Valez, however, will have to refute the testimony of Ayala’s father, Alberto Ayala, who claims that his daughter had not been drinking before the accident, according a statement given to the Connecticut Post.

Of course, Alberto Ayala has every incentive to make this claim, because not only is he the driver’s father, he is also named as a defendant in the car accident lawsuit.

Unfortunately for Christina Ayala, a native of Bridgeport, Connecticut, the pending personal injury lawsuit is the least of her legal concerns.

Sources say Ayala, who is serving her first term in the state legislature, was officially charged with failing to renew her driver’s registration, failing to obey a traffic signal, and evading responsibility.

During her latest court hearing, Ayala was told by her judge that she could accept a plea bargain offered by prosecutors or stand trial for her criminal counts.

Under the plea deal, Ayala would receive a suspended sentence and have an extended period of probation. Sources say Ayala has three weeks to make her choice.

By JClark, totalinjury.com

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If you have any questions relating to a personal injury claim or would like to schedule a free consultation, please contact Joseph Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com.

Woman Injured in Rail Crash Files Train Accident Lawsuit

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A 65-year-old woman who was injured in a dramatic train crash last month in Connecticut has filed a negligence lawsuit against Metro-North Railroad, according to a report from ABC News.

Sources say the woman, Elizabeth Sorenson, a resident of Bridgeport, Connecticut, suffered multiple bone fractures and remains in critical condition as doctors tend to a severe brain injury.

The lawsuit was the first claim filed by a victim of the crash that occurred on May 17. According to sources, the crash injured more than 70 people.

Sorenson’s personal injury attorney told sources that he filed the lawsuit in federal court in order to gain access to witnesses that observed the accident and to allow families of the victims to become involved in the investigation.

Sources expect more lawsuits to eventually be filed in the wake of the massive train accident, which happened at 6:10 p.m. on a weekday as the train carried 300 passengers from New York’s Grand Central Station to New Haven, Connecticut.

The train reportedly derailed near a highway overpass in the town of Bridgeport, and was then struck by a train holding 400 passengers that was headed the opposite direction.

The Damage Caused by the Accident

The damage caused by the accident was “absolutely staggering,” according to Connecticut Senator Richard Blumenthal, as he observed the scene. Sources say parts of the roof of some of the train cars had been torn off, and that some of the tracks were noticeably twisted.

Three people remain in critical condition after the accident, and the National Transportation Safety Board has launched a full investigation into the wreck.

Thus far, investigators have yet to isolate the cause of the accident, but the impact was so severe, some passengers initially thought it may have been caused by a bomb.

“We came to a sudden halt. We were jerked. There was smoke. People were screaming; people were really nervous. We were pretty shaken up. They had to smash a window to get us out,” said one passenger traveling from New York.

Another passenger told local sources that they “went flying” and reported that “one entire compartment was completely ripped open.”

Most of the 70 passengers who were injured received prompt treatment at the site of the accident, but three victims are still in critical condition, according to reports.

According to report from train officials, the tracks involved in the collision suffered “extensive infrastructure damage,” and the train involved in the accident will “need to be removed by crane” following a thorough investigation.

By JClark, totalinjury.com

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If you have any questions relating to a personal injury claim or would like to schedule a free consultation, please contact Joseph Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com.

$825,000 Verdict for Injuries from Truck Accident

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In a personal injury trial in the Stamford Superior Court a woman received $825,000 for injuries to her head and neck suffered in a collision with a large truck.

Case Details

The case involved a motor vehicle accident whereby, the plaintiff, Mrs. Hutter, was hit from behind by a large beer truck owned by DiChello Distributors. As a result of the collision, Mrs. Hutter sustained a number of serious injuries including injuries to her head and neck. She also sustained a mild traumatic brain injury.

During the course of a three week trial, the plaintiff presented a substantial number of witnesses to establish the significance of the impact and the extent of the injuries. The experts included an accident reconstruction expert from Maryland, a bio-mechanical expert from Virginia, a neurologist, a psychiatrist and a neuropsychologist.

In addition to the various expert witness, Mrs. Hutter also presented testimony from her friends who knew her before the time of the accident and were able to explain to the jury the significant change in Mrs. Hutter that occurred as a result of the incident.

The Verdict

After three weeks of evidence, the jury deliberated for two and one-half days and then rendered a verdict in favor of Mrs. Hutter in the amount of $825,000 including over $500,000 for compensation for her pain and suffering.

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If you have any questions relating to a personal injury claim or would like to schedule a consultation, please contact Joseph Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com.

Rear-Ended Farmington Woman Awarded $22,143 in Damages for Automobile Injury

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In an auto injury case decided on March 21, 2013, the jury awarded plaintiff Beth Mason $22,143.18 stemming from an automobile accident with defendant Douglas Robinson.[1]

On June 20, 2010, Ms. Mason was traveling east in the left lane of Farmington Avenue at the intersection of Town Farm Road in Farmington. The defendant, Douglas Robinson, who had been driving directly behind Ms. Mason, collided with her car rear-ending her.  As a result of the accident Ms. Mason suffered a concussion and received medical treatment for persistent headaches.

After a two day trial, the jury awarded Mason $12,143 in economic damages and $10,000 in noneconomic damages.

Economic vs. Noneconomic Damages

Under Connecticut law, ‘Economic Damages’ means “compensation determined by the trier of fact for pecuniary losses including, but not limited to, the cost of reasonable and necessary medical care, rehabilitative services, custodial care and loss of earnings or earning capacity excluding any noneconomic damages.”

‘Noneconomic Damages’ means “compensation determined by the trier of fact for all non-pecuniary losses including, but not limited to, physical pain and suffering and mental and emotional suffering …”[2]

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If you have any questions relating to a motor vehicle accident or a personal injury claim or would like to schedule a free consultation, please contact Joseph Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com.

[1] Mason v. Robinson, HHDCV116018804, 2013 WL 2278984 (Conn. Super. Ct. May 2, 2013)

[2] General Statute § 52-572h(a)