Manchester Spinal Cord Injuries Attorney Explains How Back Injury Claims Are Valued

Manchester Spinal Cord Injuries Attorney: How Are Back Injury Claims Valued?

A Manchester spinal cord injuries attorney at the Law Office of Manning & Zimmerman PLLC will help clients value their back injury claims before deciding whether an offered settlement is one that should be accepted or turned down. Your back injury may have occurred in several different ways, such as a car crash or a fall. Your injuries may include back strains, sprains, paralysis, spinal cord injuries, or herniated disks. Since there are so many different types of back injuries, every claim is evaluated on an individual basis. There are a number of factors that are common across back injury cases that will apply in your case’s valuation.

Compensatory Damages and the Claim Value

The value of your back injury claim will be based upon the damages that can be compensated. Compensation is based on a valuation of both the economic and non-economic losses you have suffered in several different sub-categories of each type. All together, these damages are grouped together and called your compensatory damages. Your Manchester spinal cord injuries attorney will evaluate your losses in all of these categories to arrive at a total of what you should be offered in settlement for your claim.

  1. Economic Damages.Your economic damages are the actual financial losses you have experienced due to your back injury. These can include both your past and future medical expenses. Consequently, your damages in this category will depend on how severe your back injury is. While minor back injuries may have medical expense damages in the low thousands, catastrophic injuries, such as paralysis, may be valued in the millions of dollars due to potential ongoing medical treatment needs. If your back injury also meant you have been unable to work, either temporarily or permanently, you may also have economic damages in the form of lost past and future income. This includes compensation for any income you have already lost due to your injury, as well as income you would have otherwise received in the future if your accident had not occurred. You may be entitled to compensation for this reduced earning capacity. To determine this, your Manchester spinal cord injuries attorney at the Law Office of Manning & Zimmerman PLLC will calculate how your particular back injury will impact your ability to work in the future.
  2. Non-Economic Damages. Non-economic damages are losses that you have suffered that are more intangible. These are losses that are difficult on which to place a dollar value but are often the greatest losses suffered.  Examples of non-economic damages include pain and suffering you have experienced as a result of your back injury, any emotional distress you have experienced, and any loss of consortium. In many cases, it is common for people to experience emotional distress because of their injuries and the change to the quality of their lives. While some states do not recognize the negligent infliction of emotional distress as a recoverable category of non-economic damages, the courts in New Hampshire do. This type of distress goes beyond simple stress and often must be supported by medical documentation of its existence. Your attorney will likely speak to your medical professionals for help in valuing this category of non-economic damages. Loss of consortium occurs when your injury has negatively impacted your relationship with your spouse. This category especially occurs in cases of paralysis. Under New Hampshire law, a spouse may recover damages for loss of consortium (loss of care, comfort, and support).

manchester spinal cord injuries attorney

Other Possible Factors

After your Manchester spinal cord injuries attorney at the Law Office of Manning & Zimmerman PLLC has valued your potential compensatory damages, they will then look at two other factors that could come into play to reduce the total. In New Hampshire, if some of your negligence contributed to your injury, your portion of the negligence will be determined. New Hampshire uses a modified comparative fault approach. If any portion of the accident was caused by you, that percentage is taken away from your total damages. For example, if you were 20 percent at fault, you would only collect 80 percent of the damages. If you are more than 50 percent at fault, you will not recover.

Failing to mitigate your damages is another way your recovery may be reduced. After you have an accident, you are expected to take reasonable steps to minimize your own injuries and losses. This can include failing to follow a doctor’s instructions or to take prescribed medications. It is thus important for you to mitigate your damages by doing what is reasonable to try and recover.

Contact an Experienced Manchester Spinal Cord Injuries Attorney for a Free Consultation

Have you or a loved one been injured by another person’s careless acts? If so, 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 spinal cord injuries 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.

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Manchester Personal Injury Attorneys: A Few Key Facts Every Plaintiff Should Know

Have you been injured in a car crash in New Hampshire? If so, it is wise to contact the Manchester personal injury attorneys at the Law Office of Manning & Zimmerman PLLC. Our attorneys will advise you on filing a claim to receive compensation for your injuries. While many personal injury cases typically go straight to the settlement phase, it is possible for a personal injury case to go to trial. If that happens, the Manchester personal injury attorneys at Manning & Zimmerman Law will prepare you for what might happen.

You have the right to reject any settlement offer that is presented to you. Your Manchester personal injury attorneys cannot settle a case without your consent. If you feel the amount is not fair, then you can ask for your case to be brought to a trial where a jury will decide what is fair. The defendant also has a right to take the case to a trial. No one can be forced to settle and both parties have the option of allowing a jury to settle the case for them. Allow your Manchester personal injury attorneys to work the settlement for you.

Manchester Personal Injury Attorneys

Don’t appear too anxious to settle. You may end up with a lower amount than you could have settled for. If your case goes to trial, you may be asked to testify on your own behalf. You will need to tell the judge and jury what happened during the accident. Witnesses for both parties will be allowed to testify as well. Based on the testimony, the jury will make a decision in the case. While your Manchester personal injury attorneys will fight hard for your rights, there is no guarantee of winning your case. However, if you do win, the defendant will be required to pay the amount that the jury decides upon. After the trial, either side may attempt to appeal the verdict.

Contact Manchester Personal Injury Attorneys Today

For an experienced professional, contact the Manchester personal injury attorneys at the Law Office of Manning & Zimmerman PLLC at (603) 624-7200. Our attorneys can help you navigate through a personal injury claim. They will help you fight for what you deserve.

Contact Experienced Manchester Personal Injury Attorneys for a Free Consultation

Have you or a loved one been injured by another person’s careless acts? If so, 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 personal 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.

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A Manchester Personal Injury Lawyer Discusses What to Do If You Slip and Fall

Manchester Personal Injury LawyerSlip and falls can result in serious injury. As an experienced Manchester personal injury lawyer at the Law Office of Manning & Zimmerman, PLLC can explain, a person who falls often fails to report the incident. One reason is embarrassment; another can be that injuries are not necessarily immediately apparent. However, it is important to know what to do if you fall on another person’s property.

The Concept of Duty

A cause of action based on a slip and fall is a form of negligence. To prove a defendant was negligent, your Manchester personal injury lawyer must show that the defendant had a duty to you, the injured plaintiff, that this duty was breached, and that the breach was the cause of your fall. In slip and fall cases, which entity is responsible for the property and why you were on the property, among other issues, are variables.

Commercial Property

If you fall in a retail store, for example, it must be determined which entity was responsible for the condition that caused the fall; liability typically lies with either the owner of the property or the business that leases the property.

Private Party

Different standards exist regarding the property owner’s responsibility. If you fell and were injured, considerations include:

  • Were you an invited guest?
  • Were you on the property conducting business, such as making a delivery?
  • Were you a trespasser?

Government Entity

Under some circumstances, government entities have immunity, and in many cases there is less time to bring a claim against a public defendant than a private defendant, and additional procedural requirements may apply as well.

Facts Are Important

A fall resulting in an injury alone is not sufficient to establish a cause of action. An initial consideration is if the party responsible for the property created the dangerous condition. If not, was that party aware of the situation and failed to remedy the danger? Reasonableness also becomes an issue; should the party have been aware of the danger? Would a reasonable inspection of the property have revealed the danger? Were you, the injured party, also aware of the condition and/or somehow partially responsible for your own harm?

Contact a Manchester Personal Injury Lawyer for Legal Advice

Slip and fall cases require immediate investigation to preserve the evidence. If you have fallen, protect your rights. Call an experienced Manchester personal injury lawyer at the Law Office of Manning & Zimmerman, PLLC at (603) 624-7200.

 

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Manning & Zimmerman: Tips for Keeping Loved Ones Safe at Home

Most Homes Are Not Designed to Prevent Injury to Older Americans

 

Falls are the leading cause of injury for older Americans. See these prevention tips.

In 2013, there were 44.7 million Americans age 65 and older. As the baby boomer generation ages, that number will spike upwards to 56.4 million in 2020, 82.3 million in 2040 and 98.2 million in 2060. Most baby boomers will live longer on average than previous generations, and will hope to remain independent and age gracefully, which makes “aging in place” (living at home as long as possible) an attractive option. But several studies suggest that most homes aren’t designed to minimize safety risks for people over age 65.

Install grab rails near the toilet and in showers.

Tips for Keeping Loved Ones Safe at Home

Five Tips for Keeping Loved Ones Safe at Home

Independent living and safety are not mutually exclusive. In fact, aging itself isn’t necessarily a hazard; rather it’s often the living space that needs to be updated. Here are five tips from the American Geriatrics Society’s Health in Aging Foundation to protect loved ones from home hazards:

1. Keep Emergency Numbers Handy. Always keep a list of emergency numbers by each phone and write them big enough to read easily if in a hurry or frightened. Be sure to include numbers for the poison control center, fire and police departments, family members and the family doctor.

2. Prevent Falls. The Centers for Disease Control and Prevention reports that falls are the leading cause of injury for older Americans. Every 13 seconds a fall-related injury is treated in an emergency room and every 20 minutes someone dies from a fall.

To prevent falls, make sure all hallways, stairs and paths are well-lit and clear of objects, use rails and banisters when taking the stairs, and tape all area rugs and cords to the floor so they don’t move. Also consider a wearable alert system that allows a senior who has fallen to summon emergency personnel. Download this step-by-step fall prevention checklist.

3. Protect Against Fire and Related Dangers. Older adults are at greater risk of dying in a home fire. They may move more slowly or have trouble hearing a smoke alarm. Smoking is the leading cause of fire deaths, so try to smoke outside and never in bed. Make sure there is a LOUD, working smoke alarm on every level of the house, in bedrooms and outside of sleeping areas. Download this tip sheet from the U.S. Fire Administration for additional information.

Medicine CabinetsStorage areas for medications should be well-lit and labels printed in oversized type.

 

4. Avoid Bathroom Hazards. Bathrooms are especially hazardous for older adults, accounting for 80 percent of all falls according to the National Institute on Aging. They have slippery and unforgiving floor surfaces, and few sturdy handholds. Install grab bars in the shower and near the toilet. Put rubber mats in the bathtub. And consider setting the water heater thermostat no higher than 120 F to prevent scalding. Consumer Affairs has a number of additional tips for making bathrooms safe for seniors.

5. Prevent Poisoning. The risk for a medication mistake increases as we age. According to 2014 Medicare records, there are more than half a million drug-related injuries that occur at home every year. Mistakes can include taking too much medication, taking the wrong medication or incorrectly mixing two or more medications.

To prevent accidental poisoning, keep all medications in original containers to avoid mix-ups, and store medications in a well-lit room so the labels are easier to read. Ask the pharmacy to put large-print labels on prescriptions. And bring all pill bottles to doctor appointments to ensure medications are being taken correctly.

To contact the Law Office of Manning & Zimmerman PLLC, call (603) 624-7200 or send us a message to info@manningzimmermanlaw.com.

NH Car Accident Lawyer Explains What to Do If Your Case Does Not Settle

NH Car Accident Lawyer Explains What to Do If Your Case Does Not Settle

NH Car Accident LawyerIf the insurance company does not meet the settlement range you and your NH car accident lawyer have determined would be fair to compensate you for your losses, you may decide to proceed with litigation. However, there are different strategies your attorney may recommend based on the particular circumstances of your case.

Waiting to File

Your NH car accident lawyer at the Law Office of Manning & Zimmerman, PLLC may recommend that you wait before quickly pursuing a lawsuit against the responsible party. He or she may make such a recommendation for a variety of reasons, such as if you are about to have surgery and it is unclear what the full extent of your damages are going to be.

File Now

However, if your NH car accident lawyer and the insurance company are estimating the value of your claim at numbers that are in stark contrast to each other, litigation may be the only way to pursue a claim for the value you believe is fair. The lawsuit names the responsible party who was liable for the accident and caused your damages.

Factors Regarding Litigation

There are several reasons why a person may pursue litigation in a motor vehicle accident claim. For example, the insurance company may believe you were responsible for the accident, or at least partially responsible for the accident. Alternatively, the insurance company may believe you are exaggerating your injuries or asking for more money than your claim is worth. An internal company policy may resist paying on claims worth a certain value.

Legal Assistance from an Experienced NH Car Accident Lawyer

Have you or a loved one been injured by another person’s careless acts? If so, 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.

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New Hampshire Personal Injury Attorney Explains Claim Investigations

New Hampshire Personal Injury Attorney Explains Claim Investigations

The injury claims process can be complex, and an experienced New Hampshire personal injury attorney at the Law Office of Manning & Zimmerman PLLC can help.

Insurance Adjuster

The insurance adjuster is usually the first point of contact between the individual involved in the crash and the insurance company. He or she may call to set up a time to discuss the details of the crash with the individual. We suggest that you consult an attorney before meeting the insurance adjuster and before giving a recorded statement. Once he or she reviews the circumstances involved in the crash, he or she makes a determination whether the insurance coverage is applicable and the amount of coverage is available for the claim.

Documentation

In order to substantiate a certain amount of damages, you may be asked to provide documents regarding your losses. For example, your New Hampshire personal injury attorney may request that you provide medical records, medical bills, photographs of any car damage, the police report, etc.

Investigation

A New Hampshire personal injury attorney at the Law Office of Manning & Zimmerman PLLC can explain that there are times when an insurance company may conduct a formal investigation particularly if the crash involves multiple vehicles and potential liability between multiple parties. The claims adjuster will try to assess the distribution of fault based on the evidence.

Report of Fault

The claims adjuster may complete a formal report of fault. The amount of coverage that will apply and potential increases in premiums may be based on this report.

Disputes

Each party involved in the crash may have a different opinion regarding fault and liability. In fact, insurance companies have an incentive to minimize how much money they have to pay out on a claim. In addition to providing legal assistance to individuals who are asserting a claim against another driver with his or her own insurance policy, a New Hampshire personal injury attorney may help clients who have disputes with their own insurance companies due to not receiving proper coverage.

Contact an Experienced New Hampshire Personal Injury Attorney for a Free Consultation

Have you or a loved one been injured by another person’s careless acts? If so, 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) 624-7200, by email at info@MZLawNH.com, or by using the “contact us” or chat feature on our website.

Experienced.  Knowledgeable.  Personally Committed to Justice.

 

7 Factors Increase Your Risk Of A Whiplash Injury

whiplash

Whiplash is a common injury in rear-end collisions, but several factors may increase your risk. This checklist explains them.

 LIST-PI-02.-7-Risk-Factors-for-Whiplash

Our civil justice system provides for victims of negligence to recover full, fair and adequate compensation for their injuries. The 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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Free eBooklet: 11 Factors that Impact the Value of Your NH Injury Claim

NH Injury ClaimeBooklet is loaded with insight into your NH injury claim valuation.

— Quality of medical information.

To file a NH injury claim, the strongest type of medical information is a narrative report from a well-respected medical doctor explaining the nature of your injuries.  A narrative report is one in which the doctor uses his or her own words to tell (or “narrate”) the story of your injuries, including your diagnosis, treatment, and prognosis. The more detailed, fact-specific, and decisive a narrative it is, the more it will help your case. Broad generalizations or hedging (“maybe” “possibly”) will be less helpful. Detailed office notes, typed legibly, also add value to your personal injury claim, as do detailed hospital nurses’ notes.

— Type of defendant.

In most cases, you will be dealing with a “good” defendant who made a poor choice or who was not as careful as he or she should have been in that particular moment. Those defendants- e.g., the elderly driver; the mother distracted by her infant crying in the backseat; the neighborhood business owner who didn’t see the grape on the floor — tend to lower the value of your case because jurors will have some sympathy for their situation. In these cases, jurors may be hesitant to blame the defendant too harshly, reasoning “There, but for the grace of God . . . .”

— Insurance company.

Just like people, some insurance companies are more generous than others.  Large, national insurance companies tend to be very conservative (i.e., tightfisted) with their settlement dollars, especially in smaller cases. These carriers have the resources and the time to take a case to court, even if they know they will lose that particular case and dozens more like it. The cost to defend a minor auto accident case is usually low. Large insurance carriers are willing to pay this price to send a message to other injury victims and their lawyers.

DOWNLOAD THE EBOOKLET NOW

Want to Know More? Contact Our NH Injury Claim Attorneys

Have you been injured through no fault of your own? If so, 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! The experienced NH personal injury attorneys at the Law Office of Manning & Zimmerman, PLLC offer free initial consultations to NH injury victims. Call us at (603) 239-2489, complete a request for a consultation on our website, or send us an email.

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NH Personal Injury Claims Explained

How Do Insurance Companies Evaluate Claims?

At the Law Office of Manning & Zimmerman PLLC, we are often asked, “How can I convince the insurance company that my claim is valid?” The most important thing you can do is recover as quickly as possible from your injury. Regarding NH personal injury claims, insurance company personnel tend to believe those people who actively try to recover from their injuries.  You must cooperate with your doctor, physical therapist, and other medical staff who are trying to help you improve from your injury.

Secondly, insurance companies believe those people who can document their injuries through :

  • medical bills
  • credible medical reports
  • accurate lost wage information that is neither exaggerated nor subject to dispute and interpretation

Thirdly, insurance companies usually settle cases easier with those clients who have been in active contact and cooperation with their attorney.

It is important for you to try to get better, keep an accurate record of your expenses, and cooperate with your injury attorney and his/her staff.

The Law Office of Manning and Zimmerman PLLC has a great deal of experience handling NH personal injury claims. If you have been injured through no fault of your own, contact the Law Office of Manning and Zimmerman PLLC at (603) 624-7200 for a free consultation.

Helping Your NH Personal Injury Attorney Handle Your Case

Having a NH personal injury attorney at the Law Office of Manning & Zimmerman PLLC handling your case is one of the best steps you can take to increase your chances of success. Keep in mind that the most important factor in the success or failure of your case is your help and cooperation. Listed below are 7 steps that you can take to increase the strength of your case.

7 Ways To Help Your Attorney Successfully Handle Your Case

Contact an Experienced NH Personal Injury Attorney for a Free Consultation

Have you or a loved one been injured by another person’s careless acts? If so, 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

We invite you to subscribe to our newsletter. You can also follow us on Twitter.