Contact the personal injury attorneys at Maya Murphy, P.C. today. We can help you get the just compensation you deserve for your injuries or those of a loved one. For a free initial consultation, call 203-221-3100 or email JMaya@Mayalaw.com.

In the personal injury action where defendant had admitted to being careless and reckless in causing the accident, the estate administrator, pursuant to Conn. Gen. Stat. § 52-278d, was awarded a prejudgment remedy in the amount of $ 1,750,000. The trial court found probable cause that there would be a judgment in favor of the administrator.

The decedent was a passenger in a vehicle being operated by defendant, who was driving drunk. Defendant lost control of the vehicle, and the resulting accident cost the decedent his life. Defendant admitted in court that she was careless and reckless. The administrator sought compensatory damages, double or treble damages, and punitive damages. While defendant was insured at the time of the accident, the insurer had disclaimed coverage. Thus, a question remained as to whether insurance coverage would be available. The administrator claimed lost earning capacity of $ 670,000. The trial court noted fluctuations in the decedent's income, likely based on his substance and alcohol abuse. The decedent's income was $ 76,200 in 2000, $ 40,000 in 2001, and zero in 2002. The trial court found that it could not be said that the decedent would not have been able to restore his earning capacity had he not passed away. Proof of earning capacity only needed to be sufficient for a trier to make a fair and reasonable estimate. Pursuant to Conn. Gen. Stat. § 52-278d, the trial court found probable cause that there would be a judgment in favor of the administrator. The application was granted in the amount of $ 1,750,000.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.

Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source: Bruneau v. Pickens, 2006 Conn. Super. LEXIS 2270 (Conn. Super. Ct. July 13, 2006)