Eagan, Donohue, Van Dyke & Falsey, LLP handles personal injury, estate planning, probate, real estate, commercial law, consumer class actions, criminal/motor vehicle, workers compensation, and landlord/tenant matters throughout Connecticut. We have attorneys licensed to practice in Connecticut and Massachusetts, and we handle cases in both state and federal court.
Our approach to the practice of law is simple. We are more than just lawyers, we are also counselors at law. We are conscious of the fact that clients come to us to solve problems, not to create them. The size of our firm is one of our biggest assets, allowing us to be highly responsive to our client's needs, while still remaining cost-efficient.
We understand that each client's situation - whether it involves injury or death of a loved one, a business issue, or a criminal event - is unique. And we believe that whatever your issue, you deserve personal, convenient, compassionate, trusted, experienced, and confidential legal counsel. Eagan, Donohue, Van Dyke & Falsey, LLP is big enough to perform, but small enough to care.
Personal Injury and Wrongful Death
Eagan, Donohue, Van Dyke & Falsey, LLP's attorneys have handled numerous wrongful death matters, and represented many individuals injured in automobile and motorcycle accidents, as the result of a fall, from a dog bite, and those otherwise injured as the result of someone's negligence. Representative injuries include scarring, knee, back, neck, collarbone, bone and joint, eye, orthopaedic, spinal cord, brain, head and other injuries. We handle catastrophic and life-altering injuries, as well as soft tissue injuries resulting from low impact accidents.
Prior to and after filing a lawsuit, Eagan, Donohue, Van Dyke & Falsey, LLP thoroughly investigates personal injury claims, obtains information relating to culpable parties, the injuries, and, ultimately, case value. Our staff meets to discuss case value, including the results of other similar cases that have been taken to a verdict by our firm as well as by other attorneys. The information is then used to determine the fair value of a matter. We also analyze the facts of other similar cases to identify trends and issues resulting in favourable, and unfavourable, verdicts. Our research allows us to either present a case to the jury from a position of strength or engage in serious pre-trial settlement discussions. Eagan, Donohue, Van Dyke & Falsey, LLP handles cases in both state and federal court.
Eagan, Donohue, Van Dyke & Falsey, LLP often attempts to obtain fair value for a case prior to filing a lawsuit. A settlement may occur just months after an initial consultation, or could take a number or years. If appropriate, we recommend and participate in early Alternative Dispute Resolution (ADR) such as mediation and/or arbitration, to facilitate settlement. If a choice is made not to settle, we will file suit and prepare for a jury trial to obtain the best possible result for our clients.
Eagan, Donohue, Van Dyke & Falsey, LLP also looks into the various insurance policies covering individuals. If the person responsible for the accident does not have adequate insurance, an injured party may be able to collect under their own insurance policy, the policy of a relative they reside with, or even insurance from both divorced parents living apart from one another. These claims result from contractual obligations in the company's Under Insured Motorists/Uninsured Motorists (UIM) provisions in the policy.
For more information on jury verdicts and settled wrongful death and personal injury cases, please visit www.connecticutaccidentinjurylawyer.com.
Eagan, Donohue, Van Dyke & Falsey, LLP attorneys have been serving the Probate and Estate needs of individual clients for many years. We help plan and prepare so those special individuals in our lives are appropriately taken care of. After the passing of a love one or dear friend, we assist fiduciaries, executors, administrators or others with the administration of the Estate in Probate Court.
In order to distribute assets to heirs or beneficiaries, an Estate must be opened in the appropriate Probate Court. Connecticut Probate Courts have a specific process and require filings that each case must comply with prior to the distribution of assets. Our attorneys can assist with this process from start to finish, or as special litigation counsel in contested matters.
We offer our services to fiduciaries in charge of an estate, and also offer our services as the fiduciary. An appointed fiduciary (executor or administrator) often retains a lawyer to assist with the complexities of administration in Probate Court. Our services may include initiating the probate matter, gathering information as to the assets for an inventory, as to debts and creditors for the return of claims, information for tax returns, and, ultimately, information to facilitate distribution. We frequently work and coordinate with family accountants who have been involved in the financial matters over the years to efficiently move an Estate through Probate and navigate tax issues.
We are often retained as litigation counsel by fiduciaries, beneficiaries, or creditors. We assist with litigation aspects of Probate Administration to resolve claims against, or in favour of, the Estate in the most efficient manner. Eagan, Donohue, Van Dyke & Falsey, LLP prides itself on being a litigation law firm handling a large variety of complex litigation matters. Our significant litigation experience allows us to quickly assess claims, identify issues facing both sides, and better prepare us to negotiate beneficial settlements and facilitate agreements. In the event a settlement agreement is not reached, we look forward to representing fiduciaries, beneficiaries, or creditors in Probate Court, the Connecticut Superior Court, and in any subsequent appeal.
We also represent those seeking to challenge a will they feel was inappropriately drafted and/or executed, those seeking to admit a will they feel is appropriate, or those seeking to challenge, or defend, asset transfers made during a loved one's lifetime. The considerable litigation and trial court experience of our attorneys is a significant asset to clients under these extreme circumstances.
We recognize that there are estates requiring different levels of attorney involvement, and that there are problems requiring unique approaches for a successful resolution. We offer consultations to determine how we may be able to help you, and we look forward to providing any assistance to you.
Eagan, Donohue, Van Dyke & Falsey, LLP attorneys have been serving the Estate needs of individual clients for many years. We help plan and prepare so those special individuals in our lives are appropriately taken care of.
As indispensable parts of estate planning, we recommend a will, living will, and power of attorney. A will is the most essential document. A will permits you to, among many other things, make specific gifts, appoint guardians and create trusts for children, minimize taxes, and appoint an executor and trustee to manage all these matters. A living will provides medical direction for your care regarding life support. A power of attorney appoints someone else as your agent with authority to manage your affairs during your lifetime.
In addition to these essential documents, we assist our clients by creating a complete estate plan to help preserve assets. A complete estate plan may include various forms of trusts, including irrevocable or revocable trusts, intervivos or testamentary trusts, a crummy trust, life insurance trusts, trusts for children, and other wealth management tools. In many matters, a trust may not be necessary, and effective estate planning may be conducted through lifetime gift planning.
Eagan, Donohue, Van Dyke & Falsey, LLP represents individuals refinancing, purchasing, or selling single and multifamily homes, condominiums, new construction, and vacant land. We also represent creditors seeking to foreclose on delinquent debtors, and represent landlords needing assistance with tenants.
Eagan, Donohue, Van Dyke & Falsey, LLP realizes that the purchase or sale of a home is a significant financial undertaking and a major life event. We have been protecting the interests of clients during real estate transactions for many years. We understand there is much at stake and are dedicated to providing thorough explanations and timely service to simplify this process. We strive to efficiently resolve problems and provide appropriate protections for clients.
Eagan, Donohue, Van Dyke & Falsey, LLP offers guidance to buyers and sellers beginning with the initial stages of the offer, deposit and home inspection. The offer should contain necessary contingencies, such as mortgage and inspection, so buyers are adequately protected. The inspection may alert both the buyer and seller to items needing costly repairs or zoning approval. In this event, the buyer and seller may seek to negotiate adjustments.
For buyers, Eagan, Donohue, Van Dyke & Falsey, LLP assists with the title search and title insurance. We discuss documents relating to the mortgage with clients to ensure the terms are accurate, and that there are no unwanted conditions. We also review a title search to confirm ownership.
Eagan, Donohue, Van Dyke & Falsey, LLP provides full services for most lenders so that an additional attorney for the bank is not required. The firm assists lenders in connection with the closing by obtaining and reviewing a title search, providing the lender title insurance, preparing the HUD-1 settlement statement, receiving and paying funds, recording the new mortgage, facilitating the payoff of the old mortgage, and preparing all mortgage related documents.
Finally, Eagan, Donohue, Van Dyke & Falsey, LLP prepares all documents necessary for the closing. The firm resolves any differences that may arise out of the final walkthrough inspection and in the HUD-1 settlement statement. Once all issues are resolved, the documents and funds are exchanged and ownership transferred.
In the unlikely event one party has failed to live up to his or her obligations during this process, Eagan, Donohue, Van Dyke & Falsey, LLP can move quickly to file a lawsuit in Superior Court seeking damages. Eagan, Donohue, Van Dyke & Falsey, LLP prides itself on maintaining an excellent group of trial lawyers. The litigation background of the firm is a significant asset to clients under these extreme circumstances.
Business Formation & Planning
Starting a business requires careful planning. Eagan, Donohue, Van Dyke & Falsey, LLP's attorneys have extensive experience helping entrepreneurs choose the proper legal structure for their business. During the initial consultation, we learn about your business goals and explain the benefits and limitations of C Corporations, S Corporations, Limited Liability Companies, Limited Liability Partnerships, General Partnerships, 501(c)(3) Non-Profit Organizations, and Sole Proprietorships. For most of these business entities, we offer a fixed-fee package.
After forming your business, we will advise and assist you with:
• Maintaining proper corporate formalities;
• Complying with applicable state and federal licensing requirements;
• Preparing and reviewing commercial real estate leases, shareholder agreements, employment contracts, non-compete agreements, and confidentiality agreements;
• Purchase, sale and succession planning; and
• Business dissolutions
In addition to our business formation and planning experience, Eagan, Donohue, Van Dyke & Falsey, LLP prides itself on being a commercial litigation law firm handling both plaintiff and defence cases all the way to a jury verdict, and through any subsequent appeal. We handle cases in both state and federal court. This unique dual experience provides Eagan, Donohue, Van Dyke & Falsey, LLP's attorneys with a strong grasp of the issues and needs facing both sides, and better prepares them to negotiate beneficial settlements and facilitate workouts. In the event settlement discussions are unsuccessful, we look forward to representing plaintiffs or defendants at trial.
Consumer Class Actions
Peter M. Van Dyke, Partner at Eagan, Donohue, Van Dyke & Falsey, LLP, has successfully litigated numerous consumer class actions, and has been appointed by state and federal courts to serve as class counsel. Representative cases include excessive and undisclosed late fees, retail sales overcharges, penalty clauses, data and privacy breaches, deceptive and unfair trade practices, and violations of state consumer protection laws. Eagan, Donohue, Van Dyke & Falsey, LLP prides itself on being a litigation law firm handling cases all the way to a jury verdict, and through any subsequent appeal. We handle cases in both state and federal court.
What is a Class Action?
A class action is a type of lawsuit where one or more named plaintiffs bring a lawsuit on behalf of all members of a similarly situated group to recover damages for the entire group. The members of this group are called the "class." The class action procedure allows all claims that would not otherwise be economical to pursue to be brought in one lawsuit. The resolution of a class action lawsuit determines the rights of the entire class, except for those class members who choose to exclude themselves from the class. Those class members who do not exclude themselves will be bound by any judgment entered in the case, whether favourable or adverse.
• Babies R Us
• Coldwater Creek, Inc.
• Mothers Work, Inc. (Motherhood ®, Motherhood Maternity ®, Motherhood Nursing wear ®, Mimi Maternity ®, A Pea In The Pod ®, Maternity Mall ®, Destination Maternity TM, and iMaternity ®)
• Rent-A-Center, Inc.
• Rent-Way, Inc.
• Target Corporation
• Toys R Us
• Pep Boys
• Bank of America
• Carrier IQ
• LA Fitness
• Rite Aid
• Lane Bryant
For more information on class actions, settled cases, and current cases, please visit www.connecticutclassactionlawyer.com.
Eagan, Donohue, Van Dyke & Falsey, LLP's attorneys believe that every person deserves experienced, compassionate legal counsel. When the government arrests you, state and federal prosecutors have the resources to convince a jury that you are guilty. We are committed to defending your case and keeping you out of jail.
Not everyone who commits a crime is a bad person. Sometimes, a bad decision is made at the wrong time. That is precisely why we look for ways to minimize the effects of a criminal conviction by using, when possible:
• Special Sessions (Community Court; Domestic Violence Docket; and Drug Intervention Program); and
• Diversionary Programs (Accelerated Rehabilitation; Alcohol Education System; Drug Education Program; Family Violence Education; Community Service Labor Program; School Violence Prevention; Suspended Prosecution for Illegal Sale, Delivery, or Transfer of Pistols or Revolvers; Youthful Offender Program; Treatment of Drug or Alcohol Dependent Offenders in Lieu of Prosecution).
Eagan, Donohue, Van Dyke & Falsey, LLP represents clients facing a wide range of charges including:
• DUI/DWI and DMV cases, and other traffic cases;
• Abuse cases such as assault and battery, spousal abuse, or child abuse;
• Theft cases such as petty theft, embezzlement, and shoplifting;
• White collar crimes such as tax fraud, embezzlement and other white collar crimes;
• Juvenile law including underage drinking (minor in possession), drug-related offenses, vandalism, violence, and sex crime cases;
• Sex Crimes involving allegations of child molestation or prostitution
Eagan, Donohue, Van Dyke & Falsey, LLP represents individuals that have been injured at work to obtain the full range of workers' compensation benefits available to them. These injuries include on-the-job injuries due to a specific event, and injuries that occur over time due to repetitive physical stress, such as carpal tunnel syndrome and leg problems. Injuries also include other work-related illnesses such as hypertension, heart disease, breathing problems or exposure to toxic chemicals or fumes.
In Connecticut, employers are required to carry Workers' Compensation insurance, or qualify for self-insurance to cover such injuries. This may cover benefits for lost earnings during recovery from an injury, reimbursement of medical expenses, and compensation for any permanent impairment or disability. Determining your eligibility and compensation can give rise to complex issues which may lead to disputes. Eagan, Donohue, Van Dyke & Falsey, LLP's lawyers advocate for you to make sure you receive fair payment and medical care for your injuries.
Sometimes workplace injuries involve a third party - someone other than your employer. Eagan, Donohue, Van Dyke & Falsey, LLP's attorneys have handled numerous wrongful death matters, and represented many individuals injured in automobile and motorcycle accidents, as the result of a fall, from a dog bite, and those otherwise injured as the result of someone's negligence. Representative injuries include scarring, knee, back, neck, collarbone, bone and joint, eye, orthopaedic, spinal cord, brain, head and other injuries. We handle catastrophic and life-altering injuries, as well as soft tissue injuries resulting from low impact accidents. This experience allows us to coordinate third-party cases, ensuring you the best possible outcome. Eagan, Donohue, Van Dyke & Falsey, LLP handles cases in both state and federal court.
Owning and managing residential and commercial rental property can provide steady income and profits. Along with this income source, however, comes certain risks - non-paying tenants, damage to the property, rule violations, and disputes.
Eagan, Donohue, Van Dyke & Falsey, LLP represents landlords in a wide variety of areas including:
• Dispute resolution with problem tenants using a variety of techniques both inside and outside of court;
• Preparing, negotiating, and reviewing contracts and leases;
• Advising landlords regarding compliance with Connecticut law on security deposits, repairs and maintenance, landlord access and tenant privacy, tenant screening and rental applications, and other state and federal laws, ordinances and fair housing issues.
In the event a tenant has failed to live up to his or her obligations, or has damaged the property, Eagan, Donohue, Van Dyke & Falsey, LLP can move quickly to file a lawsuit in Superior Court or Small Claims Court seeking damages. Eagan, Donohue, Van Dyke & Falsey, LLP prides itself in maintaining an excellent group of trial lawyers. The litigation background of the firm is a significant asset to clients under these extreme circumstances.
So that landlords can accurately perform a cost/benefit analysis with respect to the proper course of action, Eagan, Donohue, Van Dyke & Falsey, LLP generally offer a fixed fee schedule for landlord/tenant matters.
Consultations in your home or at our West Hartford office.