All posts by Donald Manning

nh injury attorneys

Falls Affect People of All Ages, Not Just the Elderly

Every Person, Regardless of Age, is Susceptible to Unintentional Falls

Falls Increase
Deaths from falls in the U.S. have dramatically increased since 2000.

According to the NH injury attorneys at Manning & Zimmerman Law, every year millions of Americans suffer from a preventable fall injury.  More than 800,000 of these result in a visit to the emergency room with a fracture or head injury. According to the American Academy of Orthopedic Surgeons, falls are the most common cause of nonfatal unintentional injuries and are responsible for slightly more than three in 10 injuries overall. Deaths because of a fall have also skyrocketed since 2000, from 13,322 to 34,673. Half of all accidental deaths in the home are caused by a fall.

Surprising Facts About Falls

  • Most fall injuries in the home happen at ground level, not from an elevation.
  • Falls are also one of the most common causes of fatalities in the workplace [download report].
  • The most common victim of a fall is a person over age 65, but other common age groups are women ages 20-30 and children under three. Some researchers suggest that because young women in their child-bearing years more often provide childcare and perform household chores compared to their male partners, they are more susceptible to falls.
  • Bunk beds made for children are required to pass federal safety rules, but these requirements don’t apply to institutional beds found in places like college dorms. For college students, it’s up to them and not the school to ensure their beds are safe.
  • Falls are the most common cause of traumatic brain injuries.
  • Falls account for about 38 percent of worker fatalities in construction accidents.

Safety Starts in the Home

nh injury attorneys
Approximately 3,000 stair-related injuries happen every day in the United States, which averages out to one injury every 30 seconds.

Falls can occur in businesses and at the workplace, but the statistics still show that most falls occur at home. Prevent accidental injuries at home by following these guidelines:

Stairs and Steps
  • Have light switches at the top and bottom of the stairs, and provide enough light to see each step and landing.
  • Install handrails on stairways and be sure to use them.
  • If you have bare-wood steps, put nonslip treads on each step.
  • Do not use patterned, dark, or thick carpeting on stairs. Solid colors show the edges of steps more clearly.
  • Do not leave objects on the stairs.
Bathroom
  • Install grab bars on the bathroom walls near the toilet and along the bathtub or shower if needed.
  • Place a slip-resistant rug next to the bathtub for safe exit and entry.
  • Use nonskid adhesive textured strips or mats on the bathtub/shower floor.
Bedroom
  • Place a lamp and flashlight near your bed.
  • Sleep on a bed that is easy to get into and out of.
  • Make sure your route from the bedroom to the bathroom is well lit.
Living Areas
  • Arrange furniture to create clear pathways between rooms.
  • Clear clutter from the floor.
  • Install easy-access light switches at entrances to rooms.
  • Secure loose area rugs with double-sided tape or slip-resistant backing.
  • Keep electric, appliance and telephone cords out of your pathways.
  • Repair loose flooring immediately.
  • Throw away wobbly chairs, ladders and tables.
Kitchen
  • Immediately clean up any liquid, grease or food spilled on the floor.
  • Use a step stool with an attached handrail to reach upper cabinets.

Contact NH Injury Attorneys

If your uninsured motorist claim is denied, you may need the help of an injury attorney to make your case. Don’t leave such decisions to the insurance company’s discretion. For a free consultation, contact the NH injury attorneys at the Law Office of Manning & Zimmerman PLLC. We may be reached at (603) 605-0547 or by email at info@MZLawNH.com. We may also be contacted by using the “contact us” or chat feature on our website.

Experienced.  Knowledgeable.  Personally Committed to Justice.

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The NH injury attorneys at Manning & Zimmerman Law invite you to subscribe to our newsletter. You can also follow us on Twitter.

Car Accident Traumatic Injuries: The Lasting Impacts

Car Accident Traumatic Injuries: The Lasting Impacts

Have you been in a car crash that was no fault of your own? Not only are car accidents an incredibly stressful event, but the injuries that could result from them can be severe and long-lasting. Injuries can vary from minor to serious. It is important to note that all injuries should be documented from the time of the accident, through the following weeks, and until you are fully recovered. Not all injuries will present themselves at the scene of the crash or upon impact. For instance, whiplash can take several days for its symptoms to arise. If injuries begin to arise after the accident these should be treated in a timely manner. The following information are common injuries and symptoms that may occur after a car accident.

Physical Injuries

Physical effects from your accident can be both visible and invisible. Because of this it is important to be examined by a medical professional if you have been injured or think you might be injured. Most common injuries resulting from a car accident can include the following:

  • Neck and Back Injuries: these injuries are the result of your head neck and back being thrown at high speeds resulting in what is often referred to as whiplash. When the neck, head, and back are whipped in such an aggressive manner, it can result in severe inflammation and tissue damage and can even result in disc problems.
  • Head Injuries: these injuries in car accidents can be among  the most severe. These injuries can vary from minor concussions to serious brain traumas. The traumas and injuries can follow a victim for the rest of his/her life. Head injury symptoms include, but are not limited to, headaches, loss of vision and hearing, memory loss, changes in personality and mood swings, loss of cognitive function, speech difficulties, and a disruption in sleep patterns. Sometimes your loved ones notice these changes before the actual victim. Take it seriously and talk to your doctor if family members or friends say you are acting differently or forgetting things.
  • Muscular Injuries: like whiplash, when your body is thrown at high speeds the way in which your body can contort results in serious injury. Common muscular injuries can affect the neck, back, hands, hips, shoulder, and knees. Injury to muscles resulting from a car accident can affect your abilities to work, play sports, or participate in everyday activities.
  • Broken Bones: high-speed impacts can result in broken bone or fractures. Depending on the severity this can leave you out of work or immobile. Broken bones and fractures can have an effect on your everyday life and normal activities.

Emotional Damages

Car crashes do not just affect an individual physically. The emotional impacts can be just as severe as physical impacts. Following a car crash many individuals experience anxiety related stress that can affect personal and work lives. Because of that it is important to watch for these symptoms following your accident. These symptoms might include:

  • Intrusive thoughts: Involuntary, distressing thoughts, or recurrent nightmares.
  • Negative mood: Inability to experience positive emotions.
  • Dissociative symptoms: Time slows down, you feel numb, or you’re in a daze.
  • Avoidance: An inability or refusal to think about anything associated with the trauma.
  • Arousal symptoms: Trouble falling asleep, irritable behavior, and concentration issues.
  • A fear of driving or the actions that other drivers around you might take.

Above all, if these feelings continue, be sure to inform both your doctors and attorneys as these might be a result of your accident.

Contact Experienced New Hampshire Car Accident Attorneys for a Free Consultation

If you have been injured by another person’s careless acts, contact the experienced NH car crash attorneys at the Law Office of Manning & Zimmerman PLLC. We may be reached at (603) 605-0547 and by email at info@MZLawNH.com. You may also use the “contact us” or chat feature on our website.

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!

Experienced.  Knowledgeable.  Personally Committed to Justice.

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New Hampshire workers' compensation

New Hampshire Workers’ Compensation: Third-Party Claims

In the New Hampshire workers’ compensation system, employees are prohibited from suing their employers or co-workers for their workplace injuries. However, an injured worker may be able to bring a lawsuit against a third-party wrongdoer. These are non-employees (known as “third parties”) who, at least in part, may have contributed to the employee’s injuries. Below is a list of issues that the New Hampshire workers’ compensation attorneys at Manning & Zimmerman Law consider when handling work injury claims:

Was a third-party potentially responsible for the injuries?

The best time to examine the possibility of a third-party claim is during your first meeting with a New Hampshire workers’ compensation attorney. The reason for this is two-fold: 1) The existence of a third-party claim could substantially impact the value of your case. 2) There may be a different statute of limitations for the two claims.

If your work injury lawyer decides to open both claims, best practices include opening a separate file for each claim. This is done to keep track of each statute of limitations independently. Ideally, your injury attorney would handle both the workers’ compensation and third-party liability claims. However, if that is not possible, the attorneys should communicate regularly. This ensures that neither attorney takes an action that would negatively impact their mutual client’s other claim. It also reduces the amount of duplicative work.

Scrutinize asserted New Hampshire workers’ compensation lien amounts

When there is a third-party liability claim, New Hampshire workers’ compensation insurance carriers are, by law, entitled to liens for payments previously made, and for future payments made on your behalf, either through settlement or judgment. There is no need for the insurance carrier to intervene in the third-party suit to protect its lien. The lien arises by operation of law. The insurance carrier’s lien rights are divided into two separate and distinct rights – its right to recoupment and it’s right to a “holiday” or “offset” against future payments. The carrier may waive one right while retaining the other.

These liens can be negotiated by the New Hampshire workers’ compensation lawyers at Manning & Zimmerman Law. First off, per the lien statute, the lien must be reduced by the carrier’s pro rata share of expenses and costs for bringing the third-party claim. Additionally, certain expenses incurred by the insurance carrier are prohibited from inclusion in any lien but may appear in the itemization of amounts paid provided by the insurance carrier. For example, administrative claims costs, vocational rehabilitation expenses, and interest cannot be recovered and, accordingly, should be removed from the calculation of a lien amount. In addition, work injury lawyers should consider negotiating an even lower repayment or holiday if, in your third-party claim, you have limited insurance available, there are significant liability problems, or the claim would be expensive to pursue.

If the insurance carrier refuses to negotiate or appropriately reduce its lien, your New Hampshire workers’ compensation attorney at Manning & Zimmerman Law  can request a hearing on the equitable repayment of the lien before the Superior Court.

Hearing at Department of Labor

During the litigation of your claim, the insurance carrier may deny coverage of one or more of your medical bills. In order to get that bill paid, a hearing on payment before the Department of Labor would normally be requested. Before you do so, however, if you have a third-party liability claim, your injury attorney should take time to consider the effect of a Department of Labor decision upholding the carrier’s decision to deny payment of that particular bill(s) on your future ability to present that bill as evidence of an injury-related medical expense in any hearing or trial regarding your third-party claim. A negative decision from the Department of Labor will be binding. Also, the potential detriment of requesting a hearing on a particular bill may outweigh the potential benefit under certain circumstances.

Third-party claim settlements must be approved

The New Hampshire workers’ compensation attorneys at Manning & Zimmerman Law know that no settlement by an employee against a third-party is binding until approved by the Labor Commissioner. Actions that have already commenced are subject to approval by the court or arbitration proceeding where the action is pending. The purpose of this process is to protect the lien rights of the workers’ compensation insurance carrier. Accordingly, the documents submitted to the Labor Commissioner upon settlement, or the Court through a Petition to Approve the Settlement, require that the amount of the lien be provided. Also, a portion of the settlement funds must be paid to the insurance carrier in satisfaction of its statutory lien.

Contact Experienced New Hampshire Workers’ Compensation Attorneys

Workers are often worried about how they are going to pay for an attorney. Attorneys in the NH workers’ compensation system  are generally paid on a contingency fee basis (percentage of any future recovery). They may alternatively be paid by the insurance company after a successful hearing. Thus, in most cases, workers do not need to pay any fees up-front.

At Manning & Zimmerman Law, we are proud to fight for the rights of workers who have suffered workplace injuries. It is essential that you have experienced 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 with our NH workers’ compensation attorneys, call (603) 671-3156, send us an email to info@MZLawNH.com, or use the “contact us” or chat feature on our website.

Experienced.  Knowledgeable.  Personally Committed to Justice.

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NH Injury Attorneys: Celebrating a Safer, More Just America

People Who Make a Difference

The NH injury attorneys at Manning & Zimmerman Law are pleased to present the 2018 Justice Served Awards. These recognitions honor each of these nominees for their commitment to a safer, more just America.

Martina Vendenberg
Martina Vandenberg helps lawyers fight human trafficking
Holding Human Traffickers Accountable For Their Crimes

Martina E. Vandenberg is the founder and president of The Human Trafficking Legal Center (HT Legal), a pro bono legal organization that trains lawyers to provide legal support to human trafficking victims. Vandenberg and HT Legal hope to decrease human trafficking, estimated to affect more than 400,000 people in the United States, through three objectives:

  1. Hold the U.S. government accountable. The government rarely prosecutes human trafficking cases, and even when it does, victims often are denied financial restitution. HT Legal conducts research to expose failures in the system, reach out to prosecutors and drive legal reform.
  2. Deter human traffickers by forcing them to pay compensation to victims. Even if traffickers are not prosecuted for criminal charges, there is another option for victims: civil litigation. HT Legal trains attorneys willing to represent victims at no cost and seek damages from traffickers and third parties that benefit from trafficking.
  3. Challenge impunity through strategic litigation. HT Legal and its partners use strategic litigation as a catalyst for this change by forcing government action, driving legal reform, punishing perpetrators and compelling companies to end or prevent abuses in their business practices.

Through HT Legal, Vandenberg has trained more than 3,200 pro bono attorneys nationwide to handle human trafficking cases.

Mike Moore
Mike Moore held Big Tobacco accountable and is now taking on Big Pharma
Stemming the Tide of Opioid Abuse Through Litigation

Mike Moore is a lawyer and former attorney general for Mississippi. In 1994, Moore was the first state attorney general to sue the tobacco industry for lying about nicotine addiction and to hold companies accountable for the cost to the public of treating sick smokers. He persuaded lawyers and other AGs from across the country to take on Big Tobacco, resulting in a $246 billion settlement, still the largest in U.S. history.

Last year, Moore decided to turn his sights on Big Pharma and the opioid abuse epidemic. Deaths from prescription opioids – drugs like oxycodone, hydrocodone, and methadone – have quadrupled since 1999. Moore and his colleagues argue that the original marketing for OxyContin (by drugmaker Purdue) as non-addictive was based on questionable research. Since then, more than 400 cities, counties and Native American tribes have filed lawsuits against pharmaceutical manufacturers, distributors and pharmacy chains. As with the settlement from Big Tobacco, Moore hopes to take any damages awarded and put it toward opioid abuse education and prevention.

Gretchen Carlson
Gretchen Carlson advocates against mandatory arbitration clauses in employment contracts
Protecting Employees Victimized by Sexual Assault

Forced arbitration clauses, which are now used by a wide range of companies, are now found in over 55 percent of employment contracts. Instead of going to court, employees must settle the dispute in secret arbitrations, usually by an arbitrator chosen by the defendant. In cases of sexual assault or harassment, these forced arbitration clauses can protect harassers from public consequences, opening the door to serial and long-term harassment.

Forced arbitration clauses not only protect abusers from a court of law, but also silence employees from speaking publicly once through arbitration. Gretchen Carlson, a former Fox News anchor, sued Fox News after she was fired for allegedly refusing sexual advances from Fox News Chairman Roger Ailes. Fox attempted to have her claims adjudicated in closed-door mandatory arbitration instead of court, effectively requiring that the details of her case be legally hidden from the public. Since settling her lawsuit with Fox News, Gretchen Carlson has been an advocate for legislation that prohibits forced arbitration clauses in employment and consumer contracts.

Sevonne Huang
Sevonne Huang is taking on Tesla after her husband died in a crash
Wife of Husband Killed in Tesla Wreck Hopes to Prevent More Deaths

Walter Huang died on March 23 after his Tesla Model X, which had engaged its Autopilot system, crashed head-on into a barrier on Highway 101 in California. Walter was a 38-year-old engineer, husband, and father of two young children. When Walter’s wife, Sevonne, saw the crash on the news, she knew right away it was her husband. Sevonne said she not only recognized his car, but knew that her husband was involved when she saw where the crash occurred. Walter had previously complained about the car moving toward that same barrier while on autopilot before the crash.

Despite settling a class-action lawsuit with several Model X and Model S customers, which alleged that the assisted-driving Autopilot system was “essentially unusable and demonstrably dangerous,” Tesla still blamed Walter Huang for the crash in a statement. Sevonne has hired a firm to sue Tesla in an effort to bring them to justice and prevent future crashes. “I just want this tragedy not to happen again to another family,” she said.

About the Justice Served Awards

The Justice Served Awards celebrate the stories of injured people, their families, and advocates who make a difference in protecting the health, safety, and legal rights of others by helping to:

  • Uncover negligence or other irresponsible behavior by organizations that put their interests ahead of the public interest;
  • Prompt government action by shedding new light on defective products, services or other practices;
  • Trigger manufacturing and quality assurance practices that lead to safer products and services; and
  • Increase public awareness that helps prevent additional injuries and protect an individual’s right to civil justice in a court of law.

Contact Experienced NH Injury Attorneys for a Free Consultation

Have you or a loved one been injured due to another person’s careless acts? If so, it is essential that you have the competent legal representation of NH injury attorneys 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 NH injury attorneys at the Law Office of Manning & Zimmerman PLLC. We may be reached at (603) 605-0547 or by email at info@MZLawNH.com. We may also be contacted by using the “contact us” or chat feature on our website.

Experienced.  Knowledgeable.  Personally Committed to Justice.

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The NH injury attorneys at Manning & Zimmerman Law invite you to subscribe to our newsletter. You can also follow us on Twitter.

 

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Commercial Truck Collisions

Manchester Truck Crash Lawyers Discuss Common Causes of Truck Crashes

Did you know that commercial trucks are six times the length of an average vehicle and nearly 20 times their weight? It seems like every day that we see a story about one of these trucks being involved in a collision. Passenger cars share the roadways with commercial trucks, and when a collision occurs, drivers and their passengers often sustain extensive damages and injuries, sometimes with tragic results.

Driving a truck for a living requires skill, patience, and the ability to react quickly. Commercial vehicles of all sizes need to be aware of their surroundings at all times. Passenger vehicles must also use caution when driving near these vehicles.

The following issues are the most common causes of truck-related collisions:

  • The driver was inadequately trained to operate the vehicle
  • The driver was operating the vehicle for more hours than allowable by law
  • Unrealistic schedules caused the driver to operate the vehicle recklessly
  • The trailer was packed incorrectly, causing the trailer to shift while moving
  • Proper maintenance was not performed on the truck, causing mechanical failure
  • Falling asleep while driving or using medications that make an operator drowsy

manchester truck crash lawyersHowever, it should be noted that these are not the only truck driver related issues that cause serious collisions. The Truck Safety Coalition provides an abundance of information on trucking crashes and is a good resource. The Federal Motor Carrier Safety Administration also provides helpful information.

Contact Experienced Manchester Truck Crash Lawyers for a Free Consultation

Have you or a loved one been injured in a truck-related collision? 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 truck crash lawyers at the Law Office of Manning & Zimmerman PLLC. We may be reached at (603) 605-0547 or by email at info@MZLawNH.com. We may also be contacted by using the “contact us” or chat feature on our website.

Experienced.  Knowledgeable.  Personally Committed to Justice.

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The NH injury attorneys at Manning & Zimmerman Law invite you to subscribe to our newsletter. You can also follow us on Twitter.

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Compensation for Victims of a Distracted Driver

New Hampshire Car Crash Attorneys Discuss Distracted Driving Cases

New Hampshire Car Crash AttorneysThe New Hampshire car crash attorneys at the Law Office of Manning & Zimmerman see it all the time. A driver is making their way down the road, carefully, responsibly, and obeying all the Rules of the Road. Suddenly, and seemingly out of nowhere, another vehicle causes a collision.

If you have been the victim of a car crash, you rightly want to know how that other driver didn’t see you. How did they not see the red light or the stop sign? What could they possibly have been doing that they drove so carelessly, endangering your life and the lives of other drivers, and pedestrians as well?  Who would drive like that? Why would they drive like that?

Distracted Driving on the Rise

We live in an age of ever-increasing distraction. We see people walking down the street all the time with their head down looking at their smartphone. Checking email and texts. Dialing a phone number. Doing all kinds of things except the most important thing; paying attention to what they are doing!

Now take the scenario above and place the person as the driver of a car.  Talking. Checking email. Texting. Making a music selection. Again, doing all kinds of things except the most important thing; paying attention that what they are doing!

Study after study has shown that, despite knowing how dangerous it is to engage in distracted driving, people do it anyway. Teenagers acting like teenagers – while operating a several thousand pound piece of machinery at high rates of speed! Workers stressed out about running late for an appointment. And yes, parents, who despite knowing that they are endangering the lives of their children, do it anyway.

New Hampshire’s Distracted Driving Law

In response to the overwhelming evidence that distracted driving was on the rise, the New Hampshire Legislature passed a law in 2015 banning the use of any hand-held electronic devices while driving. The law took effect after a lengthy public education campaign. It warned New Hampshire drivers about the dangers of, and penalties for, driving while distracted.

Restrictions

The ban includes the use of hand-held devices even when drivers are stopped at a red light. This means that if you have stopped for any reason without pulling off the roadway, you may not use a hand-held device. Restricted devices include cell phones used for emailing, calling, and texting, as well as GPS systems. Hands-free cellphone operation is permitted. These regulations are stricter than the prior law that only restricted texting while driving. Additionally, all similarly distracting activities are prohibited. The law also bans all minor drivers from any cell phone usage while operating a vehicle, even if they are using hands-free technology. Emergency calls are still allowed.

Penalties for Violations

The first offense results in a fine of $100 for those found to be in violation of the law. The second offense results in a $250 fine, and the third offense within two years results in a $500 fine. Additional penalties may be assessed in addition to the monetary fines.

Contact our New Hampshire Car Crash Attorneys

If you have been injured by a distracted driver and would like more information on filing a personal injury lawsuit, contact the New Hampshire car crash attorneys at the Law Office of Manning & Zimmerman. We may be reached at (603) 605-0547 or by email at info@MZLawNH.com.  Stricter distracted driving laws may enable victims of negligent drivers to receive compensation for their injuries. This includes medical expenses and compensation for lost wages.

Experienced.  Knowledgeable.  Personally Committed to Justice.

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NH Injury Attorneys Discuss Defective Medical Devices

Defective Medical Devices Can Hurt More Than Help

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From Nov. 2002 to Dec. 2012, 41 percent of all recalled devices from 20 companies were orthopedic.

According to the NH injury attorneys at Manning & Zimmerman Law, the United States Census Bureau has reported that the U.S. population will reach a turning point in 2030. That is the year when every surviving member of the baby boomer generation will be 65 or older. Seniors will outnumber children for the first time in U.S. history and will make up one-fifth of the American population.

This rise in the geriatric population has coincided with expanded medical technology. This includes the manufacture and sale of implanted devices. Diagnoses for arthritis and other orthopedic diseases and injuries are predicted to rise as the baby boomer population ages. Meanwhile, implanted devices for orthopedic injuries are already causing complications on a grand scale.

Devices Injure Patients and Add Millions to Medical Bills

Medical devices are often not scrutinized or regulated at the same level as drugs. This can cause severe injuries or death when they do not work properly. Most devices are not tested independently. They go through testing that is financed by the device manufacturer, so results are often skewed in their favor. The U.S. Food and Drug Administration (FDA) even has a controversial “fast track” 510(k) program. This program quickly approves more than 3,000 new devices each year because they are similar to old devices. One study has shown that orthopedic devices approved by the 510(k) program, instead of the much more comprehensive Premarket Approval (PMA) program, are 11.5 percent more likely to be recalled. Yet the FDA currently plans to expand this program.

The approval of these devices means big money for manufacturers, with a global orthopedic market estimated at around $4 billion. The race to get these implants out onto the market is putting profits over patients.

Some stories of defective implants that have injured patients:

  • Hip Implants: Tissue death, bone erosion, and extreme pain are some of the problems caused by the defective DePuy hip implant. In November 2017, six patients were awarded $247 million after a jury found that DePuy parent company Johnson & Johnson lied about the Pinnacle hip implant. In 2013, The New York Times reported that Johnson & Johnson knew an all-metal hip implant would fail within five years in nearly 40 percent of patients who had the surgery.
  • Knee Implants: DePuy was back in the news earlier this year when a man sued after his Attune knee replacement failed, causing severe pain and two follow-up surgeries. This followed a 2017 study by the Journal of Knee Surgerywhich found that the Attune knee arthroplasty system experiences an “unusually high” rate of early failure of its tibial components. Patients complained of pain, loss of motion and effusion of body fluids.

Signs and Symptoms of Implant Failure

There are many adverse effects of orthopedic device failure. If you’re worried about a potentially faulty device, here are some signs to look for:

nh injury attorneys
  • Pain and/or swelling at the location of the implant
  • Numbness
  • Impaired mobility
  • Loosening of the implant
  • Fracture in the surrounding areas
  • Symptoms associated with metal poisoning if your implant is metal-on-metal: Skin rash, cardiomyopathy, sudden neurological or psychological changes, impairment of renal function, thyroid dysfunction

If you have any type of medical device in your body, be sure to check if it has been recalled by the FDA. Finally, if a faulty orthopedic implant has affected you or someone you love, don’t hesitate to consider legal advice. Painful complications, surgeries, and excessive medical bills should not be the price you pay for the mistakes of device makers.

Contact Experienced NH Injury Attorneys for a Free Consultation

Have you or a loved one been injured due to 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 NH injury attorneys at the Law Office of Manning & Zimmerman PLLC. We may be reached at (603) 605-0547 or by email at info@MZLawNH.com. We may also be contacted by using the “contact us” or chat feature on our website.

Experienced.  Knowledgeable.  Personally Committed to Justice.

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The NH injury attorneys at Manning & Zimmerman Law invite you to subscribe to our newsletter. You can also follow us on Twitter.

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NH Injury Lawyers Offer Post-Crash Advice

What to Do Following a Car Crash

Immediately following a car crash, people are often rattled and unsure of what to do. The experienced NH injury lawyers at Manning & Zimmerman Law know that by taking a few simple steps, you can protect your legal rights. Most importantly, if you are injured, seek medical treatment right away. Immediate medical treatment offers the best opportunity to avoid additional harm and to make a full recovery.

Important Steps to Help Protect Your Legal Rights

    • Immediately following a crash, call the police to have them come to the scene and complete a crash report. NH requires that any crash with a minimum of $1,000 dollars in damages be reported to the police. If the police did not come to the scene, you can contact them later to file a report. However, they will likely not do their own investigation or talk to witnesses.
    • Do not move your car until the police tell you to. Unless the cars are creating a safety hazard, wait until the police arrive on the scene to move your car. Allowing the police to document the location of the cars will help if a reconstruction expert is needed.
    • If the police do not come to the scene, be sure to collect insurance information. Write down the other party’s insurance information, including the insurance company’s name and the policy number.
    • If possible, get the names, addresses, and phone numbers of any potential witnesses before they leave the scene. Witnesses sometimes leave before the police arrive, so it is helpful for you if you can get their contact information.
    • Take pictures of the damage to the vehicles. It is also useful to take photos of the injuries sustained in the crash.
    • In addition to pictures, save any other evidence. Was your vehicle totaled, or was any type of malfunction responsible for the crash? If so, you should have your vehicle stored until you can speak with the experienced NH injury lawyers at Manning & Zimmerman Law. This will allow the damages and any problems with the vehicle to be documented.
    • Finally, notify your insurance carrier about the crash. You may be assigned up to three insurance adjustors. One adjustor will likely deal with the damage to your car, one for medical payments coverage, and one for your potential bodily injury claim.
    • The insurance company will likely ask you to sign medical records authorizations and give a “recorded statement” about the crash. We recommend that before you sign any releases or give a statement, be sure to speak with a New Hampshire injury attorney at Manning & Zimmerman Law.

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Contact Experienced NH Injury Lawyers for a Free Consultation

Have you or a loved one been injured due to 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 NH injury lawyers at the Law Office of Manning & Zimmerman PLLC. We may be reached at (603) 605-0547 or by email at info@MZLawNH.com. We may also be contacted by using the “contact us” or chat feature on our website.

Experienced.  Knowledgeable.  Personally Committed to Justice.

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The NH injury attorneys at Manning & Zimmerman Law invite you to subscribe to our newsletter. You can also follow us on Twitter.

 

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Courts Wrestle with Damages When Pets are Injured

New Hampshire Injury Attorneys
Discuss Pet Injuries

The New Hampshire injury attorneys at Manning and Zimmerman Law know that furry, scaly, or feathered companions are nearly a given in most American homes (including ours). It is estimated that 68 percent of all American households own pets, and in 2017 these households spent over $69 billion on food, vet care, and more for their beloved companions. Clearly, an injury to a pet can be traumatic and expensive for owners, especially if it was caused by the negligence of another party. Consider these legal options:

Criminal and Civil Actions

Criminal charges: There are criminal laws against animal cruelty in all 50 states. If you believe there was willful and malicious intent to injure or kill your pet, the New Hampshire animal cruelty laws might apply. Immediately file a complaint with local law enforcement and provide as much detail as possible. If charged and found guilty, perpetrators of animal abuse can serve jail time and be held responsible for damages.

Civil action: According to the New Hampshire injury attorneys at Manning and Zimmerman Law, you may also be entitled to monetary damages in civil court if someone negligently injures or kills your animal companion, regardless of whether it was intentional or accidental. In these cases, you are generally entitled to the “market value” of your pet. Pets are considered property, and a market value is assigned based on a number of factors, including but not limited to:

  • Pedigree
  • Purchase price
  • Special abilities, training, or awards
  • Age and general health

You may also recover the veterinary costs incurred while caring for your pet after the injury.

Emotional Distress

Legal descriptions aside, we all know that pets are not mere personal property. They become beloved friends, companions, and part of the family. Over the years, pet owners and animal advocacy groups have pushed the courts to recognize emotional distress after a pet is negligently injured or killed. One recent case of note involved a 2012 lawsuit filed by a family in California after a neighbor attacked the family dog with a baseball bat. The injuries were so severe that surgery was required. The family was awarded veterinary costs as well as damages for emotional distress.

However, most courts have followed years of precedent and ruled against recognizing emotion-based damages in animal injury cases. In the recent case of a dog that was accidentally euthanized, the Supreme Court of Texas said: “We acknowledge the grief of those whose companions are negligently killed. Relational attachment is unquestionable. But it is also uncompensable. We reaffirm our long-settled rule … Pets are property in the eyes of the law, and we decline to permit non-economic damages rooted solely in an owner’s subjective feelings.”

Visit the Animal Legal Defense Fund for more information on what to do if your companion animal has been wrongly injured or killed.

10 Steps to Follow After a Pet Injury

Aside from the pain, an injured pet will most likely be confused or scared. Take these 10 steps immediately after your pet is hurt:

  • First and foremost, be aware that injured pets may bite or scratch even their owner. Pain and fear can make your pet unpredictable.
  • Perform an examination slowly and gently. Stop if the pet becomes more agitated.
  • If necessary, muzzle your pet – but NOT if it is vomiting.
  • Call your veterinarian or emergency vet clinic before you arrive so they can prepare.
  • Stabilize any injuries if you can with splints, bandages, etc.
  • Transport the animal in a carrier to prevent additional injuries.
  • Keep your pet’s medical records accessible and bring them with you. Take copies on vacation as well.
  • If your animal has been mistakenly or deliberately injured or killed, take pictures. Include wide shots of where they were found and close-ups of injuries. Ask your veterinarian to document all injuries.
  • Following your veterinary visit, contact law enforcement. Report the incident and ask them to come to the scene. Get contact information for any and all witnesses.
  • If your animal has been killed, ask your veterinarian to perform a necropsy to determine the cause of death.

This comprehensive Pet First Aid brochure from the American Veterinary Medical Association can be printed, filled out, and kept with your pet’s medical records in the event of an injury.

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Contact New Hampshire Injury Attorneys for a Free Consultation

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 New Hampshire injury attorneys at the Law Office of Manning & Zimmerman PLLC. We may be reached at (603) 239-2315 or by email at info@MZLawNH.com. We may also be contacted by using the “contact us” or chat feature on our website.

Experienced.  Knowledgeable.  Personally Committed to Justice.

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The New Hampshire injury attorneys at Manning & Zimmerman Law invite you to subscribe to our newsletter. You can also follow us on Twitter.

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Civil Litigation Could Help End Human Trafficking

Human trafficking is a form of modern-day slavery. Traffickers use force, fraud, or coercion to control victims for the purpose of commercial exploitation. This can encompass sexual exploitation, indentured servitude, forced labor, forced marriage, or even organ harvesting. Human trafficking is a silent and insidious industry that affects an estimated 45 million people worldwide, including an estimated 57,700 right here in the United States.

Human Trafficking Types
2012 global estimate of forced labor, International Labour Organization

MYTHSex trafficking is the only form of human trafficking. FACTLabor trafficking – a form of modern-day slavery – is much more common but rarely prosecuted. According to the International Labour Organization, 68 percent of human trafficking worldwide (and a majority in the U.S.) involves forced labor, 10 percent state-imposed labor and 22 percent forced prostitution.

MYTH: Human trafficking occurs only on the black market. FACT: Human trafficking touches many legitimate industries, including agriculture, mining, hospitality, restaurant and food services, domestic and home services, health care, the garment industry and more. In fact, most consumers here in America and throughout the world have likely benefited at some point from low-cost products or services made possible by men, women, and children who are forced into slave labor.

“On the Cusp of a New Movement”

Very few perpetrators are ever brought to justice through criminal proceedings. In the United States, for example, only 208 federal indictments were handed down for human trafficking in 2014, and only 18 of those were for alleged forced labor. Many reasons are cited for this failure, from corruption to insufficient resources for law enforcement to lack of political will. But as pointed out in a recent report by The Human Trafficking Pro Bono Legal Center, “a number of landmark cases heard by civil courts, as well as by regional and international human rights bodies, have resulted in significant verdicts.”

human trafficking
Men hired after hurricanes Katrina and Rita were held in forced labor by a U.S. company.

In one recent case, a U.S. maritime services corporation paid corrupt brokers for hundreds of skilled workers from India to help repair damage from Hurricane Katrina. After several workers sued, a jury found the company held the men in forced labor, awarding the workers $20 million. Meanwhile, food giants Nestlé, Cargill and Archer Daniels Midland are facing lawsuits in the U.S. for the alleged use of child slaves in cocoa farming in the Ivory Coast.

How Civil Litigation Could Help End Modern-Day Slavery

Civil litigation hits companies where it hurts, both in the bottom line and in the court of public opinion. Government leaders and rights advocates are beginning to push for more scrutiny of global supply chains, as exemplified by the California Transparency in Supply Chains Act, which was written “to ensure that large retailers and manufacturers provide consumers with information regarding their efforts to eradicate slavery and human trafficking from their supply chains…”

According to the Human Trafficking Pro Bono Legal Center, “Slowly, victims held in modern-day slavery are learning that they can bring their own suits for damages against the perpetrators. We are on the cusp of a new movement: accountability litigation to end modern-day slavery.”

How You Can Identify and Support Victims of Human Trafficking

Most victims of human trafficking are fearful of physical or legal retaliation for attempts to escape their situation. They are also manipulated and exploited into complacency. There are, however, many federal, state and local protections in place to help these people come forward. This is true even if they are in this country illegally or are involved in forced illegal activity. Be alert to these signs of human trafficking:

  • High-security measures in living areas
  • Large debts that can’t be paid off
  • Excessively long or unusual hours
  • Is not paid, paid very little or paid only through tips
  • Fearful, anxious, or submissive, especially if law enforcement is mentioned
  • Avoids eye contact
  • Poor physical health, including signs of abuse or malnourishment
  • Has no possessions, is not in control of money or identification
  • No knowledge of whereabouts or inability to provide a home address

For more details, click here.

If you suspect trafficking or are a victim or survivor yourself, contact the National Human Trafficking Hotline. Call toll-free from anywhere in the country 24-7, text, or chat online with a volunteer. You can also send an email or submit anonymous tips. Assistance is available in more than 200 languages.

Experienced.  Knowledgeable.  Personally Committed to Justice.

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The NH injury attorneys at Manning & Zimmerman Law invite you to subscribe to our newsletter. You can also follow us on Twitter.