All posts by M. Manning

NH bike accident lawyers

Bike Accident Claim

Bike Accident Claim

More and more people are using bicycles as an alternative means of transportation. Communities are investing in creating “Rail Trails” to promote bicycle riding. With more bicyclists on the roads, there has also been an increase in bike accidents and serious injuries to bicyclists, often caused by distracted drivers. The number of hospital admissions from bicycle trauma injuries more than doubled from 1998 to 2013. This increase has been primarily due to increased ridership and hospital admissions of people older than 45.

Under New Hampshire state law, the “Rules of the Road” mandate that every person riding a bicycle “shall have all of the rights and be subject to all of the duties applicable to the driver of any other vehicle.”

Injuries to bicyclists involved in accidents with vehicles are often serious and sometimes fatal. In June 2016, a bicyclist in Hudson, New Hampshire was making a left turn when a car failed to yield and struck the bicyclist. The bicyclist slammed into the windshield and front passenger side of the car. The bicyclist suffered injuries to his lower body and was transported by ambulance to the Southern New Hampshire Medical Center. In July 2016 the driver of a motor vehicle fled the scene after striking and killing a bicyclist  in Conway, New Hampshire, and in August 2016 another hit and run driver struck and injured a bicyclist in Wentworth, New Hampshire.

Human error is a factor in most bike accidents. Vehicles pulling out of driveways are a common cause of injuries to bicyclists. Under the New Hampshire Vehicle Code, the “driver of a vehicle about to enter or cross a way from a private road or driveway shall yield the right of way to all vehicles approaching on said way.” NH Rev Stat §265:32.

Comparative Negligence

New Hampshire law governs those situations in which both parties involved in a crash may have some degree of fault. In this instance, an injured person may still file a lawsuit so long as his/her negligence is not greater than the party causing the injury. Damages are reduced in proportion to the amount of fault attributed to the injured party. Bicyclists involved in an accident should review their case with the personal injury attorneys at the Law Office of Manning & Zimmerman who represent injured bike riders. Insurers will look for ways to place the fault for an accident on the person riding a bicycle. Thorough investigation and skilled representation are essential to obtaining a recovery for injuries suffered by a bicyclist.

The following safety tips for bicyclists will help keep you out of accidents, reduce your injuries if you are in one, and help if you decide to file a bike accident claim.

  • Obey the Rules of the Road
  • Ride with traffic
  • Wear a helmet
  • Do not ride your bicycle while under the influence of drugs or alcohol
  • Use reflectors
  • Equip your bicycle with a lamp emitting a white light visible from a distance of 300 feet in front of the bicycle, and with a red reflector on the rear also visible to a distance of 300 feet
  • Don’t carry bulky packages or bundles
  • Don’t use your cell phone while riding
  • Always do a bicycle safety check before riding
  • Make sure brakes are in working order
  • Don’t carry passengers
  • Expect the unexpected
  • Watch for hazards

If you have been injured on a bicycle through no fault of your own, contact the NH bike accident claim attorneys at the Law Office of Manning & Zimmerman at (603) 239-2451 for a free consultation.

How Do Your Medical Bills Get Paid?

How Your Medical Bills Get Paid

The injury attorneys at the Law Office of Manning & Zimmerman are frequently asked how medical bills are paid following a motor vehicle accident. Most importantly, if you have sustained an injury, you must seek appropriate medical treatment. Then your New Hampshire personal injury attorney will explain how the various medical bills will be paid.

Your Insurance

Let your New Hampshire personal injury attorney at the Law Office of Manning & Zimmerman, PLLC know about any health insurance coverage you have through your employer, spouse, parents, or individual coverage. Your health insurance may be responsible for the medical bills you incur. If you were the driver in an accident, your car insurance may cover medical costs.

New Hampshire Personal Injury Attorney

Other Insurance

If you were a passenger in a car accident, his/her insurance will likely be responsible for your medical bills. Your New Hampshire personal injury attorney at the Law Office of Manning & Zimmerman, PLLC will explain that workers’ compensation insurance will cover the cost of treatment for work injuries. Liability insurance carried by the party who caused your injuries will pay your medical bills at the time of settlement if the injury occurred on that party’s property.

Other Sources

If there is no insurance option available, your New Hampshire personal injury attorney will discuss what other sources may be used to pay your medical bills. Unfortunately, this may mean paying the bills out of pocket yourself. Usually, if you are unable to stay current with payments, your injury attorney can negotiate with the providers so that you are not accountable for payment until your case has settled.

Contact a New Hampshire Personal Injury Attorney

Proper treatment is essential for any injuries you’ve sustained. Speak to a New Hampshire personal injury attorney about any billing concerns you have. For a free initial consultation, call the Law Office of Manning & Zimmerman, PLLC at (603) 239-2315 .

New Hampshire motor vehicle accident attorneys

Elements of a New Hampshire Personal Injury Claim

What are the Elements of a New Hampshire Personal Injury Claim?

What exactly is negligence and how is it proven in a New Hampshire personal injury claim? First, someone must owe you a duty to act or refrain from acting in a certain way. For example, when anyone drives a motor vehicle, they have a duty to drive in a prudent and safe manner, observing what are known as the Rules of the Road. They have a duty to avoid causing collisions that can lead to a New Hampshire personal injury claim.

Second, someone must breach one of those duties owed to you. For a property owner, that could mean they have failed to clean up a spill or repair a portion of their property they know will cause a hazard to you and other people entering the property. Proving that someone owed you a duty and breached that duty is often the biggest hurdle in filing a New Hampshire personal injury claim.

Third, the breach of the duty owed to you must cause some kind of damage to you, whether to your person or your property. Damages must be proven in a court of law through testimony, documents and/or expert witnesses. At the end of the trial, the jury will decide how much your New Hampshire personal injury claim is worth.

Valuation and Proof

It is difficult to estimate what kind of verdict a jury will return based on these three elements of negligence. At best, your attorney might be able to provide you with an estimated range that might be close to what the jury decides.

What may seem like clear negligence to you may not be as clear to the jury. An experienced New Hampshire personal injury claim attorney at the Law Office of Manning & Zimmerman will identify problems with convincing a jury, and will explain the specific challenges in your case before you enter the courtroom.

With a New Hampshire personal injury claim, you will be the plaintiff suing the defendant. The defendant is the person who caused your injuries. The defendant will be allowed, just like you, to present evidence and witnesses, and can even testify themselves. Experienced personal injury attorneys are used to hearing defendants tell a completely different story than the plaintiff. It is the jury’s job to listen to you and the defendant, your attorney, the defendant’s attorney, any eyewitness or other witnesses, and expert testimony, as well as review evidence submitted to the court.

An experienced New Hampshire personal injury claim attorney at the Law Office of Manning & Zimmerman will prepare you with regard to what to expect when testifying in court. They will have carefully gathered all relevant evidence well before trial. As a plaintiff in a negligence action, you and your attorney are responsible for proving to the jury that the defendant was negligent and directly caused you harm or damage as a result of his/her negligence.

Two Types of Damages

There are two main types of damages — special and general damages. Special damages are damages that can be proven down to the exact penny. They include medical bills, prescription receipts, repair bills, and credit card receipts. They also include lost wages shown by tax returns or pay stubs, etc. General damages are considered items that cannot be assigned a dollar value easily. General damages include, past, present, and future pain and suffering, permanent injury, loss of a normal life, etc. In many cases, the general damages suffered are far greater than the special damages.

An experienced attorney can readily secure documents proving your special damages. An experienced attorney will also know to talk to witnesses about your general damages. Some of the best witnesses to prove your general damages are family members and close friends. People close to you will able to testify about how your life has changed. They can give the jury an idea of how you’ve suffered as a result of the negligence of the defendant.

Once our attorneys have submitted evidence and called witnesses to testify for your case, the defendant’s attorney may choose to present evidence and call witnesses. In some personal injury actions, the defendant may not submit any evidence or call any witnesses. However, that does not mean the jury will render a verdict in your favor. As the plaintiff, you and your attorney bear the “burden of proof.” What this means is that if there is not enough evidence showing that the defendant owed you a duty, breached that duty, and caused you damages that can be proven in a court of law, the jury will not award you anything. Even though the defendant and their attorney did not present any evidence or witnesses.

Trial Experience

It is important that you select an injury attorney experienced in settling personal injury claims and with trial experience. The New Hampshire personal injury attorneys at Manning & Zimmerman have many years of trial experience in both federal and New Hampshire courts.

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, or by using the “contact us” or chat feature on our website.

Experienced.  Knowledgeable.  Personally Committed to Justice.

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How to Prove a Wrongful Death Claim

The death of a spouse or a family member through the action of another is one of the most stressful and traumatic events that can occur in a person’s life.

wrongful death claim attorneys

Wrongful death statutes allow the representative of a deceased person (usually the decedent’s estate or a surviving spouse) to file a lawsuit against the party legally responsible for the death.  If you have lost a loved one through the wrongful act of a third party, you have rights against the wrongdoer and could have a right to a substantial monetary recovery.  This is an overview of how a wrongful death claim can be proven, and the damages you can reasonably expect in a successful case.

A wrongful death claim is appropriate when there is either an intentional act or negligence of a third party that causes the victim’s death.  That is, when a victim who would have otherwise had a personal injury claim is killed through the intentional act or negligence of a third party, a wrongful death claim is substituted for a personal injury claim.

These are some examples of situations can give rise to a wrongful death claim.

  • A victim is intentionally killed by a third party. An example would be when a third party takes a gun and shoots and kills a person without mitigating circumstances.  Another example would be when a person hits a pedestrian with their car intentionally and the pedestrian is killed
  • A victim dies as a result of medical malpractice. This refers to situations in which a treating health care professional provides substandard medical care, or fails to diagnose or takes other negligent action during the course of providing medical care to the decedent which caused their death.  An example would be if a physician fails to properly administer medication in a timely manner which causes the death of their patient.
  • A victim dies in an auto accident involving negligence. This would be any situation in which a vehicle driver’s negligence caused the death of the victim.  An example would be if the driver of a vehicle runs a red light, hits a car, and kills the driver or passenger.
  • A victim dies in an auto accident involving a drunk driver. If a drunk driver hits and kills a pedestrian or the driver of a vehicle, this could give rise to a wrongful death claim.  This would be in addition to any criminal action, fines, and penalties.

In order to be successful in a wrongful death claim, you will have to prove the same elements as you would have in a personal injury claim if the victim had lived.  These are some examples of what a claimant would have to prove in a personal injury case.

  • An intentional or reckless tort or act. This refers to a situation where a third party acts either with the intent to harm another or acts so recklessly that it is likely to harm another.  An example would be if the wrongdoer throws a bomb into an office building intending to harm the owner of the building.  A guest is in the office at the time and is injured or killed along with the owner.  Even though the bomb thrower did not know that there was a guest in the building it is reasonably foreseeable that the owner of a building would have a guest now and again.  Thus, the bomb thrower would be liable for any injuries to the owner of the building and the owner’s guest or their deaths.
  • Medical malpractice. A successful medical malpractice claim can be proved with evidence that the treating health care professional was negligent in providing medical care to the victim and that negligence caused the decedent’s injuries.  For example, if a doctor improperly treated a patient while the doctor was intoxicated and the patient died as a result of the improper treatment and would have otherwise have lived but for the inadequate medical care, then this would probably be a successful medical malpractice claim and wrongful death case.
  • Auto accident involving negligence. This refers to a situation where the driver of a vehicle is negligent in the operation of a vehicle which causes an injury to another.  An example would be if the driver of a vehicle is driving 30 miles over the speed limit, does not stop in time, rear ends another vehicle, and kills the driver or passenger.  This would be the negligent operation of a motor vehicle and likely result in liability.
  • Auto accident involving a drunk driver. This refers to any situation in which the driver of a vehicle has an illegal blood alcohol level, drives the vehicle anyway, and kills a third party.  In this situation, the injured party or wrongful death claimant would likely have a strong wrongful death case.

These are the types of damages which a wrongful death plaintiff can reasonably expect to recover in a wrongful death claim.

  • Reasonable medical expenses and funeral expenses for the decedent.
  • The compensation that the deceased would have earned or could have reasonably been expected to earn if the deceased had lived. This is based on actuarial tables and may require an expert to prove the decedent’s life expectancy and estimated earnings.
  • Pain and suffering endured by the deceased before death.
  • Unlike many states, in most situations New Hampshire law does not allow for punitive damages – which are designed to not only compensate the victim but to punish the defendant. However, New Hampshire does provide for “enhanced compensatory damages” when the negligence was particularly severe.
  • For the surviving spouse, damages are available for the loss of care, comfort, companionship, and guidance of the deceased.
  • For surviving children under the age of 18, damages are available for the loss of a familial relationship.



Attorney Anna Zimmerman New President of Justice Association

Attorney Anna Zimmerman: President of New Hampshire Association for Justice

The Law Office of Manning & Zimmerman, PLLC is proud to announce that Attorney Anna Zimmerman was installed as President of the New Hampshire Association for Justice (NHAJ) before a full house at the association’s 39th Annual Awards Dinner on Thursday, June 23rd at the Derryfield Restaurant in Manchester.

Attorney Anna Zimmerman

About the NH Association for Justice

The NHAJ is a statewide professional association of trial attorneys working to protect constitutional rights and to ensure that people have a fair chance to receive justice through the legal system when they have been harmed by the acts of others. NHAJ is dedicated to keeping the scales of justice in balance, ensuring a voice for consumers, protecting access to the courts, and helping its members obtain justice for their clients. Attorney Zimmerman’s law partner, Attorney Maureen Raiche Manning, served as President of NHAJ from 2011-2012.

About Attorney Anna Zimmerman

Attorney Anna Zimmerman focuses her practice on personal injury, medical malpractice, wrongful death, workers’ compensation, and family law/divorce matters. She recognizes that people are coming to her at one of the most difficult times in their lives, when they need an expert and caring professional to assist them through the process to protect their rights and interests. After law school, Anna joined a Texas law firm and focused her practice on personal injury litigation until returning to New England in 2007. During her years in Texas, Anna handled complex personal injury cases involving death, catastrophic injury, medical malpractice, and sexual assaults.

Anna has also gained a great deal of experience in military matters, having practiced near Fort Hood in Texas. Anna has put this experience to use in family law cases where one or more of the parties is, or was, a member of the military. Anna is the author of “Divorce in the Trenches,” a guide to military divorces, published in the Bar Journal of the New Hampshire Bar Association.

If you would like to speak with Attorney Zimmerman regarding your matter,  call the Law Office of Manning & Zimmerman, PLLC today at (603) 624-7200 or by email to

nh truck crash lawyers

Employer Liability in Manchester Car Accidents

Manchester car accidents often happen while an employee is operating a vehicle on the job or during the course of their employment.  If you are injured in a car accident while an employee is on the clock doing something for their employer, then the employer may be liable.  Whether an employer is responsible for an auto accident caused by their employee depends on whether there is some legal reason to assign liability to the employer.

This is a summary of the ways in which an employer can be held liable for an employee’s operation of a motor vehicle and the types of damages that you can reasonably expect to recover in a settlement or at trial.

There are two ways in which an employer can be held liable for the acts of their employee.  Those are negligence by the employer and vicarious liability.

Employer Negligence 

Employer negligence refers to situations in which the employer either knew or should have known about a substandard employee or that an employee was not doing their job competently or properly.  If the employer knew or should have known about an employee’s failure or inability to perform their job duties and the employee was involved in Manchester car accidents, then the employer may be liable for the acts of its employee.  These are some common situations in which employer negligence could occur.

  • A substance abuse problem with an employee. Substance abuse problems are unfortunately very common. If an employer knows or has reason to believe that an employee has a drug or alcohol problem, for example, and does not do anything about it, then the employer will likely be liable if that employee is involved in an auto accident at work.  As an example, if an employee has an alcohol problem and often comes to work hung over or still intoxicated, the employer would be considered negligent to allow that employee to operate a motor vehicle for any reason.
  • Negligent entrustment. If the employer knows that their employees are going to be operating motor vehicles on a regular basis, then that employer has a duty or responsibility to ensure that those employees are competent drivers and abide by the Rules of the Road.  For example, if an employer knows that an employee has poor night vision, has them drive at night anyway, and that employee gets into Manchester car accidents, that employer could be liable for the plaintiff’s (your) injuries.
  • Negligent hiring and retention. This refers to a situation where an employer hires an employee who will drive as part of their job and is either not qualified to do the job or turns out to be unable to operate a motor vehicle competently. If this is the case, and that employee is involved in an auto accident, then the employee could be liable since it is reasonably foreseeable that a substandard or unsafe driver could be involved in an auto accident.
  • Negligent supervision. This refers to situations where an employer fails to properly supervise an employee and to make sure that proper safety policies and procedures are in place and followed.  If the employee fails to implement those safety policies and procedures for employee drivers and the employee is careless and causes an accident, then the employer could be liable.  An example would be a commercial truck driver who routinely overloads their vehicle or a situation where employer knows that this truck driver routinely disregards vehicle safety laws.  If that truck driver is involved in Manchester car accidents that cause injuries to the plaintiff, then the employer could be liable.

Vicarious Liability

This is also known as the doctrine of respondeat superior.  That is, the employer is liable for the acts of its employee because the employee committed a wrong or injured a third party during the course of their employment.  To establish vicarious liability, the plaintiff must prove that (1) an employer/employee relationship existed and (2) that the employee was acting within the course of their duties or incidental to their employment duties when the injury occurred.  In these situations, the employer does not have to actually do anything wrong. Rather, the employee is considered an agent of the employer and the employee’s wrongful act causes the employer to incur liability.

These are some examples of situations in which an employer could be vicariously liable for the acts of its employee (or agent).

  • An employer sends its employee on an errand to get lunch for everyone in the office. The employee drives to a nearby deli to pick up lunch and gets into an accident, thus injuring the plaintiff. The employer could be liable for any damages from that accident since the employee was acting at the employer’s direction.
  • A commercial truck driver is sent to transport goods to another city. The commercial truck driver is an employee of a trucking company and is involved in an auto accident while transporting goods.  The employer could be liable for the employee’s acts since it was during the course of their employment.

If you are injured in an auto accident and an employer is found to be liable under any of these legal theories, you could have the right to recover medical costs, lost wages and earning capacity, incidental and actual damages, pain and suffering, loss of enjoyment of life, emotional distress, and enhanced compensatory damages depending on the circumstances of your case.

For more information, contact the experienced Manchester car accidents attorneys at the Law Office of Manning & Zimmerman, PLLC at (603) 624-7200.




NH nursing home abuse attorneys

How to Prove a NH Nursing Home Liability Claim

According to the Centers for Disease Control and Prevention, by the year 2030, three million Americans age 65 and over will live in nursing homes. Elderly residents in nursing homes and assisted care facilities need more care than most. As a result, they are more dependent on good quality care and professionals working in those facilities are held to a higher standard of care.  Though most facilities meet this higher standard of care, many others do not, sometimes with tragic results. According to Masters in Health Care, more than 30% of all nursing homes experience some form of resident abuse, including sexual abuse of the elderly.

Standard of Care for NH Nursing Home Liability Claims

When a health care professional fails to meet the standard of care and an elderly resident is injured, that facility may be the subject of a NH nursing home liability claim. This is an overview of how NH nursing home liability claims work and how a nursing home or assisted care facility may be liable for injuries sustained by an elderly loved one.

To prevail in a NH nursing home liability case, you must prove the following:

  • That a duty of care was owed to the elderly resident. Any liability that is incurred must involve some duty of care.  This is relatively easy to prove if the elderly resident was a patient or resident at a particular facility.
  • There was a breach of that duty of care. Essentially this requires a showing that the care provided to the elderly resident was not up to the standards established by the medical care profession and standards for elder care.  Evidence that can be used, for example, would be testimony from doctors or health care providers in similar facilities as to standard practices and procedures that should be employed to care for an elderly resident. For example, if an employee was not properly supervising an elderly resident with dementia and that resident wandered off the premises and was injured, then the facility providing that resident’s care could be subject to a NH nursing home liability claim for those injuries.
  • Causation (the but for factor). This requires that the plaintiff (the injured person) prove that their injuries would not have happened but for the care provider’s negligence.  It is the cause and effect part of the case.  For example, if a health care provider allows an elderly person to walk unassisted on a wet floor and that elderly person falls and breaks their hip, liability is likely.  Conversely, if an elderly person is at home visiting family for the weekend and is injured, the health care provider and facility would not likely be liable unless there was a medication error or some other negligence that contributed to the elderly person’s injury.
  • Plaintiff’s (the injured person’s) damages. This refers to the actual damages incurred as a result of the health care provider’s breach of their duty of care to the elderly resident. For example, an elderly person slips and falls on a wet floor in a nursing home while walking unassisted.  If that elderly person sustains injuries, such as a broken bone, the nursing home would be liable.   However, if the elderly person was not injured at all from the fall, there would be no damages.  In some cases, emotional distress and punitive damages are available to successful plaintiffs.

These are some instances in which nursing home and assisted care facilities could incur liability if they are negligent or do not otherwise provide health care to an elderly resident at an appropriate standard of care.

  • Negligent supervision. This refers to a situation where the facility failed to exercise proper supervision of an elderly resident and the elderly resident was injured. Some examples of negligent supervision are improper hygiene resulting in infection, an elderly patient with dementia wandering off the premises, ignoring financial and physical abuse, improper feeding procedures, and slip and falls either due to improperly maintained premises.
  • Negligent supervision of employees. Each facility has a duty to properly supervise its employees.  If the failure to do so results in an injury to an elderly resident, the facility could be liable.  Some examples would be mistreatment of an elderly resident, financial and physical abuse, leaving an elderly resident unattended, or failing to provide prescribed medications in a timely manner.
  • Medication errors. This refers to a situation where a nursing home or assisted living facility makes a mistake on an elderly resident’s medication which results in injury.  Some examples are administering improper medications, over-medicating a patient or failing to administer medication in a timely manner.
  • Abuse. These are situations where the elderly resident is being abused by a staff member at the nursing home or facility.  Some examples include sexual abuse, financial abuse, physical abuse, and sexual harassment.
  • Wrongful death. This occurs when an elderly resident dies as a result of the assisted care facility’s negligence.
  • Failure to properly maintain the premises. These are situations where the premises are not maintained according to medical and established practices.  For example, if the premises are not kept clean and up to the hygiene standards established by the medical profession and other state laws and an elderly resident becomes ill because of it, then the nursing home or assisted care facility would be liable.

These are just some of the signs to look for if you have good reason to believe that a loved one in an assisted care facility is not being cared for properly.

  • Poor hygiene.
  • Infections, wounds, bruises, or broken bones.
  • Signs of fear, distress, disorientation, or other discomfort with the elder care facility.
  • Any changes in the elderly person’s emotional or physical well-being.
  • Loss of contact with the elderly person whom you once communicated with regularly.
  • Depleted bank accounts or changes in spending habits such as taking out new credit cards or unexplained charges or large amounts of cash being withdrawn from accounts.
  • Changes in mood or behavior. For example, if an elderly person who once trusted family members now starts accusing a family member or others of stealing or other inappropriate behavior when there is no basis for it, it could be a sign that the elderly person is being manipulated or otherwise abused.

If you need help bringing a NH nursing home liability claim, or have any questions about a nursing home requiring the signing of a forced arbitration clause, we are available to help.

Manning Zimmerman 7th Amendment Scholarship Recipients Announced

Manning Zimmerman 7th Amendment Scholarships

Manning Zimmerman Scholarship

The response to the Manning Zimmerman 7th Amendment scholarship program was tremendous! Following the May 1st deadline, we carefully considered each entry and are pleased to announce that the 2016 recipients of the two $1,000 Manning & Zimmerman 7th Amendment scholarships for 2016 are Hannah Waris  of Milford High School and Shaunna Knight of Timberlane High School. Hannah submitted a written essay and Shaunna presented a video with each of these young women displaying a depth of knowledge of the 7th Amendment and the importance of every American citizen’s right to a trial by jury. Congratulations Hannah and Shaunna!

nh personal injury attorney

NH Personal Injury Attorney: Overcoming Common Tort Defenses

Common Defenses in Injury Claims

If you are suing a defendant for personal injury or medical malpractice, the defendant will likely try to derail your case by raising one or more defenses. It is important that you have an experienced NH personal injury attorney at Manning & Zimmerman to assist you in overcoming common defenses, and recovering fair compensation for your losses.

Defendants Attempt to Avoid Liability

A defendant may try to avoid liability by arguing that you are at fault for your own injuries, a legal doctrine known as comparative fault. In a negligence case, the defense may try to argue that the plaintiff is at least partially at fault for his or her own injuries. For example, if you sued a defendant for negligence after you were injured by a car driven by the defendant, the defendant may claim that you are at least partially at fault for your injuries because you failed to notice the defendant’s car or because you were driving above the speed limit.

Defendants Claim That Plaintiff Assumed Risk

Similarly, a defendant may raise the defense of assumption of risk. If you sued a defendant for negligence after you were injured as a pedestrian by the defendant’s car, the defendant may argue that you assumed the risk of being hit by a car by walking outside of the crosswalk. A seasoned NH personal injury attorney will be able to assist you in addressing these defenses, and admitting if you do have some percentage of fault which contributed to the collision. A skilled NH personal injury attorney will utilize legal processes, such as depositions, to develop a record of strong evidence and even obtain the defendant’s admission of liability.

Defendants Minimize the Plaintiff’s Injuries

Despite your daily pain and suffering, a defendant may try to argue that your injuries are non-existent or insufficient to warrant any compensation. For example, if you suffered from severe back pain after slipping and falling on the defendant’s premises, the defendant may argue that you should not be compensated for your injuries because you did not break or fracture any bones.

Defendants Argue Failure to Mitigate Damages

A defendant may also raise the defense that you failed to mitigate your damages. Generally, a person who is injured by the actions of another person has the responsibility to lessen the effects and loss related to his or her injuries. For example, if you were injured by a defendant but delayed medical treatment for your injuries, the defendant may argue that you failed to mitigate your damages and should not be compensated (conversely, in some cases where there is no delay, the defendant will argue that you should have just given your injuries some time to resolve on their own).

Defendants Claim Injuries Pre-Existed Accident

A defendant may also try to avoid liability by arguing that your injuries pre-existed the accident. For example, if you sustained a herniated disc after a collision with the defendant’s car, the defendant may argue that your back pain was caused by an unrelated slip-and-fall that occurred prior to the accident. An experienced NH personal injury attorney will help gather and present any medical evidence that supports you claim.

Defendants Claims Sovereign Immunity

If you are suing a state employee or agency for your injuries, the state may raise the defense of sovereign immunity. State officials and employees are immune from liability under certain circumstances. There are several rules that apply to claims against state, municipalities, and employees of these entities. A skilled NH personal injury attorney will be able to guide you through the complex rules governing claims against the governmental entities.

Call Manning & Zimmerman For a Free Consultation

Despite a defendant’s attempt to avoid responsibility, if you were injured by a defendant’s negligence or fault, you deserve to be properly compensated. An experienced NH personal injury attorney at Manning & Zimmerman will prepare your case and respond to unfounded arguments being presented by the defendant in an effort to avoid accepting responsibility.

How Much Is My Motorcycle Injury Case Worth?

motorcycle injury caseWith Spring finally arriving in New Hampshire, the weather is warmer and the days are longer – and motorcyclists are taking to our state’s roadways. All motorists are reminded to safely “Share the Road” with motorcycles, to be extra alert to help keep motorcyclists and their passengers safe, and to avoid causing a motorcycle injury case.

According to the Insurance Institute for Highway Safety, motorcycles are less stable and less visible than cars and often have high performance capabilities. When motorcycles crash, their riders lack the protection of an enclosed vehicle, so they’re more likely to be injured or killed. The National Highway Safety Administration estimates that per mile traveled in 2013, the number of deaths on motorcycles was over 26 times the number in cars.

Before setting off on what should be a fun and safe ride,  be sure to take the time  to educate yourself about how to avoid a motorcycle accident in the first place. There are plenty of things you can do to educate yourself on how to avoid motorcycle accidents and we are pleased to share this article from the folks at Best Motorcycle Jackets.

What are the factors you should consider when evaluating what your motorcycle accident case is worth?

Motorcycle accidents are unique and results will depend on the facts of your case, but here are the most influential factors.  Your personal injury lawyer in Manchester NH at the Law Office of Manning & Zimmerman, PLLC can also be an excellent source of valuation information.

Actual costs

Actual costs are the real costs that you incur as a result of your motorcycle injury.  These are similar to car accident damages.  Damages such as lost wages or earning capacity, reasonable value of medical bills, vehicle damage, and related expenses are certain damages which are relatively easy to prove.  Make sure that you have all of your paperwork to prove your damages.

Subjective costs

Subjective costs refer to damages, such as pain and suffering, and are harder to quantify for purposes of settlement.  A motorcycle injury case attorney at the Law Office of Manning & Zimmerman, PLLC can help give you a range of pain and suffering damages so that you have an understanding of what your case is worth.  It is important when detailing your pain and suffering damages, that you give a clear picture of how your life was affected.  For example, if you were an active person before the accident and are no longer able to be physically active because of the limitations from your motorcycle injury, details as to your loss of enjoyment of life and your life before and after the accident can help you obtain a bigger settlement.

Evidence of the defendant’s fault in a motorcycle injury case

Whether you can prove that the defendant was at fault in your motorcycle injury case will significantly increase your chances of a higher monetary recovery.  For example, if you have evidence that the defendant was driving too fast or ran a red light or was otherwise not observing traffic laws, establishing liability becomes much easier and the chances of a larger monetary recovery increase.  Evidence such as witness statements, police reports, and traffic cams can be used to prove a defendant’s fault in your motorcycle injury case.

Whether the defendant can afford to pay on a jury award

Whether the defendant can afford to pay the total a jury may award is another consideration when deciding whether to accept a settlement offer.  If the defendant has no assets or ability to pay on a judgment, then your attorney may advise you to accept an offer from their insurance within policy limits.  Conversely, if the defendant has assets which you can collect upon, it may increase a settlement offer or your chances with a jury.  Your attorney can advise you as to whether it is worth collecting against a defendant’s assets and how long it would take to collect on a judgment as opposed to accepting an insurance company’s settlement offer.

How your case will look to a jury

Juries are comprised of human beings, each with their own ideas about motorcycle accidents, perceptions of trials and litigants, and values.  How you will present to a jury, how the defendant will present to the jury, and how the facts of your case will present to a jury can factor into what a jury will award you and whether the defendant’s or the insurance company’s settlement offer is the best choice for you.  Your personal injury lawyer is your best choice for guidance in this area.  An experienced personal injury lawyer in Manchester NH can value your case and give you a realistic idea of what to expect with a jury and how that can help your case.

Do you want to have your case tried before a jury?

When deciding whether to accept a settlement offer in your motorcycle injury case, you do have to ask yourself whether you really want to go to trial and whether this is something that you can handle.  Some personal injury claimants relish the idea of taking their chances in court while other claimants would not want to go to trial under any circumstances.  Ask yourself honestly whether you want to go through the trial process.  There is no right or wrong answer.

Jury verdicts and settlements in your courthouse

There is a considerable amount of motorcycle injury case data available on jury verdicts and settlements in New Hampshire.  It is worth reviewing those jury verdicts and settlements to get an accurate understanding of what juries tend to award in a motorcycle injury case. Your personal injury attorney can give you a reasonable, well-researched idea of what to expect from jury verdicts and settlements in New Hampshire.

Call Experienced Motorcycle Injury Case Attorneys

Big companies have lawyers looking out for their interests and you should too. If you feel that you have been treated unfairly by an insurance company, the NH personal injury attorneys at the Law Office of Manning & Zimmerman, PLLC can help. When representing injured victims, we are only paid for our services when we successfully recover damages from the responsible party. For a free consultation, call (603) 239-2459, email us at, or contact us by using the “contact us” form or chat feature on our website.

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