Our Injury Lawyer Manchester NH Gives an Overview of Depositions

Our Injury Lawyer Manchester NH Gives an Overview of Depositions

Injury Lawyer Manchester NH girl with back and neck painA deposition is the first time that you will give your testimony about your case, and you will probably meet at the office of your injury lawyer Manchester NH, or at the office of opposing counsel. You will be placed under oath, and the other lawyer will question you about your injuries and the accident and ask other relevant information about you. A court reporter will document what you say as testimony that can possibly be used later at a trial. The lawyers, claims adjuster, and others at the insurance company will all be able to access your testimony.

Involvement in a Deposition

Even if you do not want to have your deposition taken, you do not have a say in the matter. If opposing counsel asks you to be submit to a deposition, you must comply as requested. The other party or parties who are responsible might also go through a deposition as well, depending on the decision of your injury lawyer Manchester NH. However, he or she might not think that the other party should be deposed.

The Importance of a Deposition

Your deposition is important for various reasons. Opposing counsel will assess you and your statement. If you are a strong witness, the chances for a settlement will probably increase. In addition, the deposition allows you to get a feel of what it is like to take the stand should your case go to trial. If you are called to testify in court, you will have some experience. However, if you are dishonest during a deposition, your testimony might be used against you.

Contact Our Injury Lawyer Manchester NH

The legal professionals at the Law Office of Manning & Zimmerman PLLC understand how to use a deposition to your advantage in order to prepare you for court. For more information, you can reach our injury lawyer Manchester NH at (603) 624-7200.

Jackie, a workers’ compensation client

The fight of my life!

It has been one heck of a tough journey and thanks to attorney Maureen Raiche Manning, I have successfully prevailed on round one! Maureen has kept me informed every step of the way and has also aided in preparing me for what was to come during this challenging situation. I am about to have to face an appeal process since I was successful the first time around, but I feel confident that Maureen will see me through to victory once again. It has been an extremely emotional and difficult time in my life, not only because I am physically never going to be able to do the job I have loved for 18 years, but essentially because my employer has not seen how much I gave to be the employee I have always striven to be. Maureen has listened to all of my worries and concerns and has taken the medical information provided to help get the justice that I deserve!

NH MEDICAL MALPRACTICE ATTORNEY DISCUSSES FAILURE TO DIAGNOSE

nh medical malpractice attorney

It is unfortunate but, at times, doctors may misdiagnose a person’s illness (wrong diagnosis), diagnose an illness too late (delayed diagnosis), or fail to diagnose an illness. The cost of such mistakes is high and may result in permanent injury or death. A doctor’s failure to properly take steps to determine the nature of a patient’s medical problem may be medical malpractice.

Is It Medical Malpractice?

For a diagnosis-type mistake to be considered medical malpractice, a NH medical malpractice attorney at the Law Office of Manning & Zimmerman, PLLC would show:

  • There existed a doctor-patient relationship, so the doctor had a legal duty of care that required him/her to have the medical knowledge and skills that a reasonably competent physician would have who practices the same type of medicine.
  • The doctor broke (breached) that duty when he/she made the diagnosis mistake regarding the patient’s medical condition.
  • The patient suffered a harm or injury, e.g. worsened medical condition.
  • The doctor’s mistake caused the patient’s harm or injury.

A NH medical malpractice attorney at the Law Office of Manning & Zimmerman, PLLC would review the facts and circumstances of your treatment and, if appropriate, argue that the doctor was negligent by failing to ask specific questions or perform certain tests and had the doctor properly diagnosed the patient, the harm would not have occurred or the patient would not have suffered as serious a harm. There must be a showing that if the standard of care – also known as the patient safety rules – was followed, the doctor would have recognized the patient’s medical problem and diagnosed and treated the patient accordingly.

 

Contact an Experienced NH Medical Malpractice Attorney for a Free Consultation

Injured parties generally have three years (there are exceptions) to file a medical malpractice lawsuit or the claim is extinguished.  If you or a loved one believe you may be the victim of medical malpractice, contact a NH medical malpractice attorney at the Law Office of Manning & Zimmerman, PLLC for a free consultation at (603) 624-7200. It is essential that you have competent legal representation from the onset of your case through litigation. Big insurance companies have lawyers looking out for their interests and you should too!

For a free consultation, contact the Manchester injury attorneys at the Law Office of Manning & Zimmerman PLLC. We may be reached at (603) 239-2315, by email at info@MZLawNH.com, or by using the “contact us” or chat feature on our website.

Experienced.  Knowledgeable.  Personally Committed to Justice.

nh car accident lawyers

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NH Disability Attorneys

NH Disability Attorneys: What is SSDI?

What is Social Security Disability Insurance?

Social Security Disability Insurance (SSDI) is a program that pays monthly benefits to those who have become disabled before reaching retirement age and are no longer able to work. According to the NH disability attorneys at the Law Office of Manning & Zimmerman, PLLC, in order to qualify for SSDI benefits, you must have worked a certain number of years in a job where you paid Social Security (FICA) taxes. Specifically, you need to have earned a certain number of work credits; you can earn up to four work credits per year. If you haven’t worked long enough when you become disabled, and have low income and assets, you can apply for Supplemental Security Income (SSI) instead – please ask about our article about SSI.

Work Credits

How many work credits you need to qualify for SSDI benefits depends on your age when you became disabled. For example, if you are 50 years old when you become disabled, you need 28 work credits, or to have worked for seven years (and at least five of those years must have been within the last 10 years).

Medical Eligibility

You also must have a medical condition that meets the SSA’s definition of disability. SSDI benefits are eligible only to those with a severe, long-term, total disability. Severe means that your condition must interfere with basic work-related activities. Long-term means that your condition has lasted, or is expected to last, for at least 12 months. Total disability means that you aren’t able to perform “substantial gainful activity” (SGA) for at least one year. If you are currently working and earn above a certain amount ($1,090 per month in 2015), the SSA will find that you’re performing SGA and that you are not disabled enough to qualify for SSDI benefits.

Approval for Disability Benefits

If you are approved for disability benefits, you won’t receive SSDI benefits until you have been disabled for five months. If you are approved right away (for example, because you have been diagnosed with terminal cancer or you just had a liver transplant), you would have to wait five months for your checks to start. However, it’s more likely you wouldn’t be approved for about six months to a year (after at least one level of appeal). In that case, when you finally get approved, you would be paid disability back pay starting with the sixth month after your disability began (known as your disability onset date). After you receive any back pay, you would get a disability benefit check each month. If your household income is over a certain amount, you will have to pay taxes on your disability benefits. Your dependents may also be eligible for a partial monthly benefit. You can keep receiving SSDI as long as your medical condition prevents you from working. The SSA may perform a continuing disability review (CDR) on your file every one to three years to determine if your condition has improved.

Denial of Disability Benefits

If your application for disability benefits is denied (most initial applications are), you have the right to file an appeal and request a hearing before an Administrative Law Judge, but you must do so within 60 days of receiving the denial letter. If your claim for disability benefits has been denied, the NH disability attorneys at the Law Office of Manning & Zimmerman, PLLC would be pleased to review the denial with you to determine if they can assist you with the filing of an appeal.

The NH disability attorneys at the Law Office of Manning & Zimmerman, PLLC handle cases in all areas of personal injury law, workers’ compensation, medical malpractice, divorce/family law and disability. Please call our office at (603) 624-7200 or complete the form on this page to schedule a free initial consultation. Evening and weekend appointments are available.

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Important Information From NH Motorcycle Injury Lawyers

Information Concerning Motorcycle Accidents

NH motorcycle injury lawyersWhile passenger vehicles have protection from the sides and top due to the vehicle’s body, motorcyclists do not have these protections. Therefore, the NH motorcycle injury lawyers at the Law Office of Manning & Zimmerman, PLLC often see that motorcyclists and their passengers suffer from more serious injuries than those involved in motor vehicle accidents. The NH motorcycle injury lawyers at the Law Office of Manning & Zimmerman, PLLC can explain that more significant personal injuries may result in higher potential compensation that the victim may be able to receive.

Cause of Motorcycle Accidents

While the NH motorcycle injury lawyers at the Law Office of Manning & Zimmerman, PLLC can explain that every motorcycle accident is different, there are some common trends. Approximately 75 percent of motorcycle accidents are caused by passenger vehicles. This may be because motorcycles are more difficult for passenger vehicle drivers to observe. Therefore, in most cases, the fault of the accident is on the driver of the passenger vehicle and not on the motorcyclist. According to a study by the University of Minnesota, among fatalities in two vehicle crashes involving motorcycles and passenger vehicles, 98% of the fatalities were the motorcycle riders, while only two percent were passenger vehicle occupants.

The most common legal theory involved in motorcycle accidents is negligence. The NH motorcycle injury lawyers at the Law Office of Manning & Zimmerman, PLLC can explain that this theory rests on the idea that every motorist has the duty to drive in a reasonable manner to avoid causing harm to another individual. This legal duty includes the obligation to drive in a sensible and cautious manner, to obey the speed limit and not run stop signs or stoplights, and to generally follow the Rules of the Road. If an individual fails to meet this burden, he or she may be found to have committed negligence. A negligence claim commonly alleges that a driver did not exercise due care while driving, causing another individual to sustain an injury. However, in order for a victim to prevail with such a claim, he or she must prove that the motorist’s breach of duty caused the actual injury.

Passenger Suits

Even though the vast majority of motorcycle accidents are caused by motorists in passenger vehicles, some accidents are caused by the negligent acts or omissions of the motorcyclist. For example, the motorcyclist may weave in and out of traffic, cut off a passenger vehicle, turn at a high speed or be drinking and driving. If an accident happens under these scenarios, the motorcyclist’s passenger and any passengers in the other vehicle(s) may be able to sue the motorcyclist.

Statutes of Limitation

Every NH personal injury case has a specified time limit in which a person can make a claim. Motorcycle accidents are no exception. New Hampshire imposes a three-year statute of limitations on personal injury claims.

Legal Assistance

Because every motorcycle accident is different and involves different facts and circumstances, a personal injury victim should consult a personal injury lawyer for assistance. For help with your motorcycle accident case, contact the NH motorcycle injury lawyers at the Law Office of Manning & Zimmerman, PLLC at (603) 624-7200 or toll-free at (800) 984-3151.

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NH Personal Injury Attorneys: Faulty Products Put Patients at Risk

Some Medical Devices Escape Scrutiny

NH Personal Injury Attorneys X-Ray of HipIn this month’s “You Should Know” newsletter presented by the NH personal injury attorneys at the Law Office of Manning & Zimmerman, we discuss how countless patients around the world depend on advanced medical devices to improve their quality of life. As the $110 billion ($133 billion by 2016) medical device industry cranks out thousands of products every year, eye-opening reports continue to surface detailing faulty devices, repeat surgeries and massive recalls. The Food and Drug Administration (FDA), the agency charged with ensuring food and drug safety, argues that patients need access to life-saving devices quickly. However, a speedy approval process means some risky devices are cleared without clinical testing, and once they are on the market they receive limited oversight. You should know the risks and realities of medical devices before one is put in your body!

The FDA posts consumer information about the most serious medical device recalls. These products are on the list because there is a reasonable chance that they could cause serious health problems or death. Click here to see a list of medical devices that have been recalled by the FDA.

Notable examples of defective medical devices that have caused injury to patients include:

*  Knee and Hip Replacements

* Transvaginal Mesh

* Heart Defibrillators

Our civil justice system provides for victims of negligence to recover full, fair and adequate compensation for their injuries. The NH personal injury attorneys at the Law Office of Manning & Zimmerman handle cases in all areas of personal injury law, and we work diligently to ensure that our clients receive compensation for their injuries. Please call our office at (603) 624-7200 or complete the form on this page to schedule a free initial consultation. Evening and weekend appointments are available.

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How Your Manchester Auto Accident Lawyer Will Investigate Your Case

How Your Manchester Auto Accident Lawyer Will Investigate Your Case

Manchester Auto Accident LawyerAfter your Manchester auto accident lawyer agrees to take your case, he or she will begin an investigation into your personal injury claim. Based on the basic facts and information you have provided, your lawyer will want to explore and review the facts in more depth. This will usually mean that your Manchester auto accident lawyer will want to obtain the following:

  • Witness statements from any witnesses from the car accident.
  • Police reports from the accident.
  • All of your relevant medical reports and records relating to your injuries from the accident.
  • Any medical bills you have incurred from the accident. Your lawyer may also want to hire an investigator to dig deeper into details of the incident that are unclear, and will contact the insurance company of the person or party who was responsible for your injuries (if that person had insurance).

Your Responsibilities

Once investigation into your claim begins, you will have certain responsibilities that will make it easier for both you and your lawyer to continue litigating your claim.

  • Continue to see your treating physician regularly and follow all recommended treatments, whether physical therapy, medication, or other. It is important that you do what you can to recover from your injuries quickly.
  • Keep ongoing records of any loss of income related to your injuries, for example, from having to take time off work.
  • Keep track of any medical bills you incur and other expenses related to your injury. These will be used to calculate your expected damages.
  • Keep track of people you know can act as witnesses to your injuries.

Contact a Manchester Auto Accident Lawyer

For more information on what you can do to pursue a personal injury claim, contact a Manchester auto accident lawyer at the Law Office of Manning & Zimmerman PLLC. Call (603) 624-7200.

 

NH Truck Crash Attorney: What Happens When you Get Hit By a Company Truck?

Truck Crashes

NH truck crash attorney Semi-Truck Crashing into CarWhat happens when you get hit by someone who is driving a company truck? Who is responsible? The fact is that anyone who is injured as the result of the employee driver’s negligence may sue the driver’s employer. According to NH truck crash attorney Maureen Manning, the ability to do so is based on the principle of law known as “respondent superior,” which makes employers responsible for the acts of their agents if the injury is caused while the agents were acting within the scope of their employment. This rule, also known as the “Master-Servant Rule,” may not apply, however, if an employee is on his or her way home from work. At that point, an employee is usually acting on his or her own.

Our civil justice system provides for a victim of negligence to recover full, fair and adequate compensation for their injuries from the wrong doer. Often there is insurance to cover this compensation. The Law Office of Manning & Zimmerman handles cases in all areas of personal injury law, and work diligently to ensure our clients receive full and fair compensation for their injuries. Please call our office at (603) 624-7200 to schedule a free initial consultation. Evening and weekend appointments are available.

HINT: The doctrine of respondent superior (let the one in the superior position be responsible) underlies the form of liability known as “vicarious liability.”

 

Jury awards damages in Jeep explosion case

Three years ago, a 4 year-old Georgia boy was killed when a Jeep exploded after being rear-ended by a pickup truck. The personal injury attorney handling the case, a member of the American Association for Justice, successfully advocated for the child’s family, holding Chrysler accountable. He argued that “…Chrysler placed the gas tank in a “crush zone” behind the rear axle and knew the location was dangerous, and that the company failed to protect the gas tank against rupturing.”

The verdict comes nearly two years after Chrysler compromised with a federal safety agency and agreed to a scaled-down recall of some older-model Jeeps with the rear-mounted tanks. The tanks have little structure to protect them if struck from behind, making them susceptible to punctures and fires.

Federal documents show that at least 75 people have died in post-crash fires because of the rear-mounted fuel tanks.

Although the verdict is large, it isn’t the largest judgment ever against an automaker in a personal injury case. In 1999, a California jury ordered General Motors Co. to pay $4.9 billion after a Chevrolet Malibu was rear-ended and burst into flames. In that case, four children in the back seat were severely injured. The amount was reduced on appeal to $1.2 billion.

The Manchester, NH Law Office of Manning & Zimmerman, PLLC provides legal representation for injured victims. Those who have suffered injuries through no fault of their own are encouraged to consult with the NH personal injury attorneys at the Law Office of Manning & Zimmerman, PLLC at (603) 624-7200.