Articles Archives - Bellenot & Boufford, LLC

What Happens After You’re Served with a Lawsuit?

Don’t Panic—But Don’t Ignore It.

Few things are more unsettling than having a state marshal hand you legal papers or finding a lawsuit delivered to your home or business. Whether the lawsuit involves a debt, a business dispute, a contract, personal injury, landlord-tenant matter, or another legal issue, your response during the first few weeks can significantly affect the outcome of your case.

At Bellenot & Boufford, LLC, we frequently help individuals and businesses navigate this process. Understanding what happens next can help you protect your rights.

Step 1: Read the Papers Carefully

The documents you receive generally include:

A Summons notifying you that a lawsuit has been filed.
A Complaint explaining the claims being made against you.
Other court documents containing important deadlines and procedural information.

Even if you believe the lawsuit is completely without merit, do not assume it will simply go away.

Step 2: Pay Attention to Deadlines

One of the biggest mistakes people make is waiting too long to respond.

In Connecticut, strict court deadlines apply after service of process. Missing these deadlines can result in:

A default judgment against you.
Loss of important legal defenses.
Wage executions or bank executions.
Judgment liens.
Difficulty opening the judgment later.

The sooner you consult an attorney, the more options may be available.

Step 3: Preserve Important Evidence

Do not throw away documents, emails, text messages, photographs, contracts, invoices, or electronic records related to the dispute.

These materials may become critical evidence in defending your case.

Likewise, avoid deleting electronic communications or social media posts that may relate to the lawsuit.

Step 4: Don’t Contact the Other Side Without Advice

Many people believe they can simply “explain their side” to the opposing party.

Unfortunately, statements made after a lawsuit is filed can sometimes be used against you.

Before communicating with the plaintiff or the plaintiff’s attorney, speak with your own attorney about the best strategy.

Step 5: Notify Your Insurance Company

Many lawsuits may be covered by insurance.

Depending on the nature of the claim, coverage may exist under:

Homeowner’s insurance
Automobile insurance
Commercial general liability insurance
Professional liability insurance
Umbrella insurance
Directors and officers insurance

Failing to promptly notify your insurance carrier could jeopardize available coverage.

Step 6: Meet with an Attorney

An experienced attorney can determine:

Whether the lawsuit has legal merit.
Whether important defenses exist.
Whether the plaintiff followed proper procedures.
Whether insurance coverage is available.
Whether the matter can be resolved through negotiation.
Whether counterclaims should be filed.
The likely costs and risks of litigation.

Sometimes an early resolution is in everyone’s best interest. In other cases, aggressively defending the lawsuit is the appropriate course.

What Happens Next?

Every lawsuit is different, but most civil cases follow a similar path:

The defendant files an appearance and responsive pleadings.
The parties exchange documents and information during discovery.
Depositions and written discovery may occur.
Motions may be filed asking the court to decide legal issues.
Settlement discussions or mediation often take place.
If the case is not resolved, it proceeds to trial.

Many cases settle before trial, but preparation from the beginning is essential.

Common Mistakes to Avoid

If you’ve been served with a lawsuit, avoid these common errors:

Ignoring the lawsuit.
Missing court deadlines.
Posting about the case on social media.
Contacting the opposing party without legal advice.
Destroying documents or electronic records.
Assuming the lawsuit is too minor to matter.
Waiting until after a default judgment has entered before seeking legal help.

Business Legal Insight Newsletter – Structuring Your LLC Properly

Is Your LLC Actually Protecting You?

Forming an LLC is only the first step. Real protection depends on how you operate your business daily. Courts may disregard an LLC if formalities are not followed, exposing personal assets.

Common Mistakes

Mixing personal and business funds
• Paying personal expenses from business accounts
• No operating agreement
• Signing contracts personally

Best Practices

Maintain separate bank accounts
• Use an Operating Agreement
• Document key decisions
• Sign contracts in the LLC name

Real-World Risk

If an LLC is treated as an ‘alter ego,’ courts may allow creditors to pursue the owner’s personal assets.

Legal Tip

Review your last three contracts. If signed individually, you may have assumed personal liability.

Contact

Schedule a consultation to assess your risk.

Law Offices of Bellenot & Boufford LLC
www.bbesq.com
Law@BBesq.com

GRATITUDE AFTER DIVORCE – Finding Emotional Closure

OK, let’s get the humor out of the way: many of my clients are grateful for the divorce. And that’s understandable. The circumstances leading up to a divorce are difficult and the process of divorce is often difficult. But this is not the gratitude I’m referring to here. I’m referencing something deeper than the circumstances of time and place; rather, an awareness that life is precious, that struggles are an opportunity for growth, that the world is much bigger than ourselves and that our words and actions do make a difference.

Life is Precious: Most of us, me included, go about our day without even thinking about our bodies unless something is not functioning correctly. But how often is everything working right? We are amazing. And our natural world is amazing. We all recognize it when we stop and think about it or observe it. The trouble is, we don’t do that enough. Who has time to do it at all during divorce? It takes all your mental energy just to take the steps to make it to the next day. Now is the time to stop and acknowledge your wonderful self – no matter how many emotional bumps and bruises you’ve acquired. You survived one of the most stressful events that can happen to someone.

Life is good even when it is not: Life is full of ups and downs. It’s easy to feel grateful at the peaks and harder when in the valleys. But we can be grateful, regardless. Being grateful is a state of mind, not just an emotion. It takes effort and practice, but it is possible. One must look beyond the immediate hardship. There is always something profoundly positive to acknowledge: health, a friendship, a fond memory, laughter, a stranger’s random act of kindness, a child’s love, a song, a piece of chocolate, the sunshine, the sound of the ocean, a pleasant aroma, a comfortable bed, a full stomach, among others. And there is courage in facing struggles with an open heart. We too often try to avoid hardship, but it is during hardship that our true abilities must rise to the challenge. We are forced out of our comfort zone. We are tested. Even in failure we learn and grow. But only if we are willing to accept the lesson.

We are but a small part of a big world: Divorce affects so much of one’s life that it is only natural to focus solely inward, making ourselves central. It is here that we can get caught up into thinking ourselves too important, taking credit for too much or blaming ourselves too much, often trying to control too much out of fear. But being thankful requires looking outward and acknowledging that we are often not in control of much our overall life. This results in grace towards not just us, but also towards others.

Affirmative words and actions: Those who practice gratitude not only recognize blessings but affirmatively acknowledge them and act on them. This creates and strengthens social bonds, integrates us with the greater community and makes us part of the positive force helping others.

If you look for good, you will often find it. If you project positivity, you will often receive it. Divorce hinders the ability to do either of these. Often, those involved in a divorce are doing just the opposite and reaping the negative consequences. Changing your mindset can change your life. Try the following to start:

Focus on and acknowledge the good from your prior relationship.
Identify decisions or things you did during the divorce that you are proud of and thank yourself.
Identify decisions or things you could have done better during the divorce and learn from it. Give yourself credit for that insight and for striving to be better.
Identify some friends and family members who helped you through your divorce. Write them a thank you letter or take them out for coffee/lunch and thank them in person. Focus your communication on how they helped you through a difficult time and how appreciative you are. Make it about them, not your divorce.
Keep a daily journal or notes on your phone or pictures of things that bring you joy or comfort. Refer back to them on difficult days and before you go to bed each night.

More tips on achieving peace and happiness following divorce can be found in the book, Divorce Matters, by Attorney Kathy Boufford, available at Amazon, Barnes and Noble and other on-line book providers.

DIVIDING HOLIDAYS DURING AND AFTER DIVORCE: Tips for Peaceful Parenting*

Holidays can be stressful enough without having to negotiate parenting time. While dividing time between each parent requires some planning and effort, it does not have to be a struggle. Here are some tips to ease the process:

Start early! It is so much easier to focus on creating a child-centered plan when you don’t have the calendar bearing down on you and your time and energy are not already sapped by other holiday to-do’s. Setting up something early also allows advanced communication of the schedule to other family members, thereby reducing the chance of conflicts and hurt feelings.
Focus more on how each parent can best celebrate the holiday than on what day it actually falls on. Many, if not most, holidays are actually celebrated over several days. Independence Day is July 4^th but celebrations are often held throughout the week and especially on the weekends before and after if it falls on a weekday. Some communities celebrate Halloween on October 31^st, but many others have their celebrations on a nearby Saturday or Sunday. This is in addition to the many trunk-or-treats and other opportunities offered by civic and private organizations. Thanksgiving is on Thursday but the Friday and Saturday immediately following are wonderful and customary alternatives to the traditional Thursday dinner. Just because one parent is getting the holiday does not mean that the other parent cannot also have their own celebration with the children.
Although it is common to alternate the actual holidays and then rotate each year, do what is best for your family. Many couples have different preferences as to which holidays are celebrated. An example of this is where one parent’s extended family always has a big gathering on Christmas Eve and the other parent’s extended family does Christmas Day. Another example is one parent who prefers to go away to ski over the President’s Day weekend and the other who would rather travel to warmer weather or visit grandparents during the school Spring Break. These parents may care more about creating yearly traditions with the children than alternating these times. It’s OK.
Do your best to support and compliment each other’s holiday parenting time. It’s not a contest. Your children should be happy to be with each parent without feeling guilty.
Put your agreement, the holiday schedule, in writing. It won’t prevent a parent from disrupting it, but it is likely to minimize conflict and any possible misunderstanding. Include starting and ending times and who is responsible for transportation.

In the end, the best holiday gifts you and your co-parent can give your children is certainty surrounding their holiday schedule and peace between their parents.

*More detailed information on parenting plans can be found in Divorce Matters, a legal guidebook written by Attorney Kathy Boufford available at Amazon, Barnes and Noble and other on-line book providers.

The Emotional Toll of a Workers Compensation Injury

Any injury is bothersome for obvious reasons. Significant injuries are more than bothersome. The lasting effects of significant injuries have a greater negative impact on many areas of life than many people realize.

They include:

Loss of work: Not having a daily routine or sense of purpose is difficult for most people, especially those who have worked all their lives and whose occupation is a strong part of their identity. Being out of work also leads to feelings of isolation, loss of community and being “out-of-touch”.
Loss of income: Most people are not prepared to withstand a long period of reduced earnings (and sometimes no earnings if a claim is contested) as is the case when someone is receiving workers’ compensation benefits. Any savings are quickly depleted and then expenses have to be cut. If there are other wage earners in the family, pressure is on them to increase their earnings to make up for the injured worker’s loss of earnings. Guilt and resentment may lead to strains in relationships. Financial pressure is a leading cause of divorce.
Pain and Limitation: When something hurts, really hurts, it is debilitating in and of itself. Pain can be all consuming, not allowing one to focus on anything else. Experiencing on-going pain is mentally exhausting. Pain often interferes with good sleep which is so important. Limitation can be caused by pain or by the physical effects of an injury. Either way, one’s ability to complete day to day activities becomes compromised. You really don’t realize how dependent you are on the proper functioning of your body to complete even simple tasks until you are not functioning properly. It is often necessary for injured workers to require assistance from others because of their limitations.
Loss of physical activities: Gardening, woodworking, playing sports, hunting, hiking, motorcycle riding, boating, and skiing are just some of the common hobbies that those with significant injuries are unable to enjoy. Not only is the pleasure from these activities lost, but also the health benefits and socialization that often accompanies them.
Loss of health insurance: If an injured worker is out of work long enough, their employer may discontinue their healthcare coverage. In this case, the worker either has to pay for continued coverage, secure other coverage or go without coverage. This not only negatively affects the injured worker, but any family members that were also covered under the employer’s policy.
Litigation: Employers are required to carry workers’ compensation insurance for their employees. Workers injured during and in the course of employment may make a claim for workers’ compensation benefits. These include medical treatment and partial compensation for lost earnings, among others. Some claims are accepted by the workers’ compensation insurance company in a timely manner and proceed relatively smoothly. Many don’t. It is often the case that claims are denied while an investigation takes place. This causes a delay in medical treatment and the receipt of monetary benefits. Injured workers often have to go through many hoops even when their cases are accepted by the workers’ compensation insurance company, including obtaining/filling out copious amounts of documentation, attending medical evaluations and attending hearings. Many find this process frustrating and stressful. Long delays are often detrimental to both financial and medical outcomes.

Some injured workers develop depression or other mental health issues as a result of their workers’ compensation injury. In my experience, these symptoms are not often reported. Many workers are embarrassed to talk about their feelings or think it is not important enough to
mention. It is important. Mental health needs to be cared for just as much, if not more than, physical health. The attorney who represents the injured worker should be told. Doctors should be made aware of any symptoms so the issue can be evaluated. This can be the doctor that sees
the injured worker for the work injury or their primary care doctor. If any mental medical diagnosis is made and found to be related to the work injury directly, then treatment will normally be required to be paid for by the workers’ compensation insurance company. If any mental medical diagnosis is made and found to be related to something other than the work injury, say the frustration over the litigation process or relationship issues, then treatment will normally not be required to be paid for by the workers’ compensation insurance company. In this case the worker will have to pursue treatment under other insurance coverage or out of pocket. Regardless, the condition should be acknowledged and treated.

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