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New Hampshire injury lawyers

New Hampshire Injury Lawyers: Protecting Civil Justice

Profit Motive Fuels Attack on Civil Justice Protections in 2017

Advocates for individual rights, including the New Hampshire injury lawyers at Manning & Zimmerman Law,  might someday call 2017 The Year of Reversal for an unprecedented number of attacks on America’s civil justice system. Pick your poison, for examples:

      • The rollback of restrictions on forced arbitration
      • Passage of legislation that will weaken protections against medical malpractice and nursing home abuse
      • A slew of proposed “tort reform” measures

      At the root of these initiatives is corporate profits rather than the safety and legal rights of all Americans. Here’s a closer look:

      Forced Arbitration Is Forced Injustice

      New Hampshire personal injury lawyers

      Forced arbitration clauses, now used in a wide range of product, service, and employment contracts, prevent a wronged party from bringing a case to court. Instead, the dispute must be settled in secret arbitrations, usually by an arbitrator chosen by the defendant. These clauses often ban class-action lawsuits as well. Such lawsuits are used by thousands of consumers to hold major companies accountable for illegal or deceitful behavior. Think Wells Fargo charging millions of customers for accounts they didn’t open, for example. Or the recent Equifax data breach that exposed 143 million people to identity theft and fraud.

      Following a comprehensive, multiyear study, the Consumer Financial Protection Bureau (CFPB) issued a rule banning financial institutions like credit card companies and banks from adding forced arbitration clauses to customer contracts. However, in October the Senate voted to overturn this rule, giving big financial corporations the upper hand when customers are ripped off.

      Forced arbitration clauses buried in employment contracts also keep employees from suing, in some instances, for discrimination, sexual assault and harassment, and workplace safety concerns. An executive order called the Fair Pay and Safe Workplaces rule prohibited these clauses in federal contracts. But in March this rule was eliminated, compromising workplace protections and denying 28 million American workers their day in court if wronged on the job.

      Medical Malpractice Caps Penalize Injured Patients and Families

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      An estimated 200,000 to 400,000 people die each year from preventable medical errors. Patients are injured or killed by mistakes at hospitals, clinics, pharmacies, and nursing homes, or by faulty medical devices. Many victims of medical malpractice have little choice but to retain the New Hampshire injury lawyers at Manning & Zimmerman Law to take those responsible to court to receive some semblance of justice. But a bill introduced in the U.S. House of Representatives was passed earlier this year that will cap medical malpractice damages at $250,000. That’s a slap in the face for those who have suffered extreme trauma or loss. It makes it clear that some members of Congress will only protect insurance companies and negligent healthcare providers. They should instead protect injured people.

      “Tort Reform” Will Delay and Deny Justice

      NH lawyers

      Several other attacks on civil justice were launched this past year under the guise of “tort reform.” This is a phrase used by corporations and their allies to justify measures that would curtail access to the courts. It is also intended to reduce compensation to injury victims. One such bill, H.R. 725, would allow corporate defendants to move cases from qualified state courts into overburdened federal courts, resulting in delays and increased costs to plaintiffs and taxpayers. Another bill, H.R. 985, will “shield powerful corporations from being held accountable from scamming, injuring and discriminating against Americans” by limiting the ability of consumers and workers to join together in class action suits. One part of this bill even forces asbestos victims to add their private information to publicly accessible databases. This furthers their victimization and makes them vulnerable to identity theft and online trolls.

      According to the New Hampshire injury lawyers at Manning & Zimmerman Law, both of these anti-safety, anti-consumer bills passed the House and are now before the Senate.

      Contact Experienced New Hampshire Injury Lawyers 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

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What to Expect at Your First Meeting With a Personal Injury Attorney

1. Bring all relevant documents

These may include accident or incident reports, medical bills, medical records, witness statements and/or lists of potential witnesses. Also included are any papers or journals you have kept to describe your injuries, recovery, and limitations, etc.

2. Write things down before the meeting

It is important to have all information available that may help your attorney get you a fast and positive result. Remember, it’s a team effort. Make lists of potential witnesses, insurance companies covering your property damage and injuries, and healthcare providers, with contact information. Keep a journal listing your injuries, your limitations, your doctor visits, and how your injuries are progressing over time. A meeting (and a legal case) will always progress more smoothly if you come prepared.

3. Be prepared to fill out some paperwork

When a personal injury lawyer decides to take your case (and sometimes before taking the case), one of the first and most important things that will happen is the collection of medical records related to your injury. You will be asked to sign releases to allow the medical providers to send your records to your attorney for review and use in your case. If the attorney takes your case, he or she will mail these releases to everyone who has treated you, with
requests for your records.

Another thing that might happen is that the attorney will ask you to sign a contract for his or her services. In a personal injury case, this will usually mean that you agree that your attorney will receive a percentage of your compensation in the case of a courtroom victory or settlement. This is known as a contingency fee arrangement which is agreed upon instead of paying for legal services on an hourly basis.

The Importance of Being Thorough and Truthful with Your Attorney

4. Answer all your lawyer’s questions thoroughly

Your lawyer will need to gather as much information as possible to assess whether your case is worth pursuing and what the likely outcome of your case will be. Questions can include, among other things:

• The details of the accident;
• The details of your treatment;
• Which daily tasks you can and cannot do since becoming injured;
• How long will your recovery take;
• If a full recovery is possible;
• How the injury has impacted your personal and professional life;
• Your pain level; and
• Your medical bills and costs to date.

This is where journaling about your injuries and writing down the information about your accident and the health care providers can really come in handy! Lists of other people the attorney can talk to, like witnesses, insurance companies, and healthcare providers, are also useful at this stage. The more information you can provide, the
easier it will be for the attorney to decide how to move forward with your case.

5. The importance of being truthful with your attorney

In addition to providing all the necessary information, it is also important to be truthful with your personal injury attorney. Do not withhold details that you are concerned to talk about because they are too personal or even embarrassing. Your attorney has a duty of confidentiality. Your case will go more smoothly if your attorney has all the information about your case.

Be Sure to Listen to Your Personal Injury Attorney

6. Listen to your attorney: He or she will give you a preliminary opinion and explain what happens next

If you have been able to provide your attorney with a pretty thorough breakdown of your injuries, expenses, and limitations, the attorney will most likely be able to provide a preliminary opinion on your case at the initial consultation (though he or she may need to gather more information first).

You might find out if the attorney thinks you can win this case in court, whether it is best to settle your case outside of court, and what some of the parameters are for figuring out the compensation you should seek. Considered here are your medical and loss-of-work expenses, your long-term limitations, and the level of fault of the other party. Your attorney may decide to take your case or, in some cases, refer your case to another attorney who may be able to better assist you due to your particular circumstances.

The personal injury attorney representing you may also tell you that you should wait to begin your case until you have reached your maximum level of recovery from the injury.

Contact an Experienced New Hampshire Personal Injury Attorney

If you have been injured by another person’s careless acts, contact a personal injury attorney at the Law Office of Manning & Zimmerman PLLC at (603) 239-2489 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!

To subscribe to our newsletter, click here. We are also on Facebook and you can follow us on Twitter.

Experienced.  Knowledgeable.  Personally Committed to Justice.

© James Publishing

nh car crash attorneys

Bikers, Walkers Threatened By Increase In Distracted Driving

More Cars, More Walkers and Bikes, More Distractions = Higher Traffic Deaths

nh car crash attorneys
Use marked crosswalks: Eighty-two percent of pedestrian deaths occur outside the crosswalk.

According to the Governors Highway Safety Association (GHSA), almost 6,000 pedestrians were killed in 2016 in traffic accidents. In 2015, more than 800 bicyclists lost their lives in motor vehicle-involved crashes. Pedestrian deaths shot up 10 percent between 2014 and 2015, bicyclist deaths by 13 percent – both more than any other category of traffic-related fatalities, according to National Highway Traffic Safety Administration (NHTSA).

According to the NH car crash attorneys at the Law Office of Manning & Zimmerman, the cause of this deadly trend has been greatly debated, with different groups pointing to a stronger economy and hence more cars on the road, more people walking to work or for recreation, and distraction due to the skyrocketing use of smartphone technology. Meanwhile, most efforts to prevent distraction are focused on motor vehicle drivers and passengers rather than pedestrians and bicyclists.

Teens Account for 25 Percent Increase in Pedestrian Deaths Over Past Five Years

nh car crash attorneys
Bicycle fatalities have risen sharply for adults (especially men) 20 years or older since 1975. Click on graph to enlarge.

Even if a person is not behind a wheel, they can be at risk if walking while talking on a cell phone or listening to music through headphones. Among kids, teens account for 50 percent of all pedestrian deaths in the United States, and unintentional pedestrian traffic injuries are the fifth leading cause of fatalities for ages 5 to 19. Older teens have accounted for a staggering 25 percent increase in pedestrian injuries in the past five years. Over half of all adults have been involved in a distracted walking encounter.

Tips To Stay Safe

Walking or bicycling are healthy for both people and the environment. Perhaps that is why we’ve seen a 60 percent increase in commuter biking during the past decade. But while bicycle deaths among children have thankfully decreased by 88 percent since 1975, deaths among bicyclists age 20 and older have more than tripled. From the NH car crash attorneys at the Law Office of Manning & Zimmerman, here are a few safety tips to keep in mind that will increase your chances of arriving safely at your destination, whether on foot or by pedal!

* Look left, right and left again before crossing the street
* Make eye contact with drivers of oncoming vehicles to make sure they see you
* Be aware of drivers even when you’re in a crosswalk; vehicles have blind spots
* Don’t wear headphones while walking or biking
* Never use a cell phone or other electronic device while walking or biking
* If your view is blocked, move to a place where you can see oncoming traffic
* Never rely on a car to stop
* Only cross at designated crosswalks (82 percent of pedestrian fatalities occur outside crosswalks)
* Wear bright and/or reflective clothing, especially at night
* Always wear a helmet while biking
* Walk in groups, if possible
* Follow all traffic laws and road signs, and signal to turn

Contact Experienced NH Car Crash Attorneys Today

If you have been injured in a New Hampshire pedestrian accident and sustained any of the types of injuries discussed above, 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 New Hampshire personal injury attorneys at the Law Office of Manning & Zimmerman, PLLC offer free initial consultations to NH injury victims. Call (603) 239-2489, complete a request for a consultation on our website, or send us an email.

To subscribe to our newsletter, click here. We are also on Facebook and you can follow us on Twitter.

Experienced, Knowledgeable & Personally Committed to Justice

New Hampshire Personal Injury Law and Proportioning Fault

Negligence is the crux of a personal injury case.  In order to receive compensation for personal injuries, an injured person has the burden of proving negligence on the part the defendant – for example, the other driver. In order to prove negligence under New Hampshire personal injury law, an injured plaintiff must show that:

  • the defendant driver owed him or her a duty;
  • this duty was breached; and
  • breach of this duty factually and legally resulted in the plaintiff’s injuries and damages (including both economic and non-economic damages).

Duty and Breach

personal injury lawIn New Hampshire negligence cases, a defendant’s duty is measured by the standard of a reasonable person.  In the case of personal injuries sustained in a motor vehicle accident, the injured plaintiff must show that the defendant driver owed a duty to the injured plaintiff (and all other drivers on the roadway) to act as a reasonably prudent driver under the same or similar circumstances.  “Same or similar circumstances” means that a defendant driver’s duty is “fluid,” depending upon environmental circumstances like traffic volume, weather, and other external forces.  These factors are taken into consideration when determining whether or not a defendant driver breached the duty of care owed to the injured plaintiff and other drivers on the roadway.  The injured plaintiff must ordinarily be able to prove this breach to prevail in a personal injury case and receive monetary compensation.

In some cases where the defendant driver’s insurance company is not contesting fault (i.e. where the insurance company concedes that its driver caused the accident), it may “admit” to satisfying the duty and breach elements of negligence.  In many cases, a plaintiff’s lawyer will insist that the defense lawyer stipulate to this admission in writing – especially if the case has a good chance of proceeding to trial.

Causation and Damages

In New Hampshire, an injured plaintiff must ordinarily show that the defendant driver’s breach of duty was both the factual cause and legal (foreseeable) cause of the plaintiff’s injuries and damages.  Tort law sometimes refers to foreseeable cause as the “zone of danger” which the injured plaintiff must be in for negligence to exist.

In addition to causation, the plaintiff must have suffered damages – usually in the form of personal injuries.  These damages are classified into two main types:  economic and non-economic damages.  Economic damages are those damages that can be measured numerically – such as medical bills, physical therapy bills, and compensation for missed time from work (also known as lost wages).  The injured plaintiff must demonstrate that the treatment, bills, and lost wages are the proximate result of injuries sustained in the accident.

Non-economic damages include compensation for permanent injury, pain and suffering, aggravation and inconvenience, psychological and psychiatric harm, loss of earning capacity, and loss of companionship or consortium (i.e. spousal support).  Again, the injured plaintiff must demonstrate that these damages were proximately caused by the accident, and proving these types of damages often requires expert testimony at trial.

Plaintiff’s Comparative Negligence in New Hampshire

New Hampshire personal injury law penalizes personal injury plaintiffs when the evidence shows that they somehow caused or contributed to the accident in which they sustained their injuries.  Examples of contributing to an accident might include slightly exceeding the speed limit, violating a traffic law, or engaging in some type of distracted driving.

New Hampshire, like some other states in the country, uses a modified comparative negligence scheme – otherwise known as the “51% Rule.”  Under this rule, an injured plaintiff’s contributory negligence does not completely bar his or her recovery, so long as the plaintiff’s negligence was not greater than the defendant’s.  Under New Hampshire’s modified comparative negligence scheme, an injured plaintiff’s permissible damages are lessened in proportion to his or her amount of negligence.  For example, if a defendant driver was 75% at fault for the accident, and the injured plaintiff contributed 25% to the accident, then the injured plaintiff is only entitled to recover 75% of the available damages.  New Hampshire’s modified comparative negligence scheme is codified as part of the state statute.

Contact a New Hampshire Personal Injury Law Attorney Today

If you have been injured in a New Hampshire motor vehicle accident and sustained any of the types of injuries discussed above, 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 New Hampshire personal injury law attorneys at the Law Office of Manning & Zimmerman, PLLC are ready to represent you immediately.  Call (603) 624-7200 today for an initial consultation.

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Experienced, Knowledgeable & Personally Committed to Justice

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New Hampshire Lawyers Present Top 2016 Stories

New Hampshire Lawyers: Top Safety and Justice Stories of 2016

Are you making all those lists and checking them twice? Gifts? Holiday cards? Party invitations? New Year’s resolutions? From the New Hampshire lawyers at the Law Office of Manning & Zimmerman, here’s one more for you courtesy of the American civil justice system: safer products and services.

This past year we have been following several stories of dangerous products or unfair practices that threaten the health, safety and legal rights of all Americans. Think exploding batteries, lead-laced drinking water, forced arbitration or faulty medical devices, for example.

But thanks to the courage of citizens like you and the power of the civil justice system, New Hampshire lawyers are holding accountable many of those who put profit over public well-being. And that’s a list we can all be proud of, as these stories so richly illustrate.

Read More >>>

BY THE NUMBERS /

2x
Recalls
According to a recent study by the U.S. Food and Drug   Administration, medical device recalls doubled from 2003 to 2012. [Download report]
27,000
Children
Nearly 27,000 children were exposed to lead poisoning from the contaminated water supply in Flint, Michigan.
$1
Billion
After years of denying any link between repeated concussions and brain injury, the NFL settled a lawsuit that sets aside almost $1 billion for players suffering from chronic traumatic encephalopathy.

 

BOOKMARK FAVORITES /

400,000 Heart Defibrillators Subject of Recall

St. Jude Medical issued a recall for some of its 400,000 heart defibrillators after two people died when the batteries failed prematurely.   View video.

Inside Flint’s Lead Poisoning Disaster

Dr. Sanjay Gupta and CNN investigate the aftermath of massive lead poisoning in Flint, Michigan, which was initially denied by government officials. View video.

Five Facts – Samsung Galaxy Note 7 Recall

More than 1 million Samsung Galaxy Note 7s were recalled when users reported that the popular smartphone overheated or, in some cases, even exploded. Here are five vital facts about the recall.  View video.

 

What Concerns You the Most?

Browse the 2016 top safety and justice issues, and then tell us which one keeps you up at night. You could win an iPod shuffle for participating.

Add your thoughts here

Forced Arbitration: The Threat Continues

Forced arbitration continues to threaten the safety and legal rights of all Americans. Tia shares her story of sexual harassment and Circuit City.

Listen now

 

 

Have Soft Tissue Injuries? Talk to a Personal Injury Lawyer Manchester

Personal Injury Lawyer Manchester NHIf you suffered injuries in a motor vehicle collision, you should immediately seek medical attention and then contact a personal injury lawyer Manchester. The compensation you may be entitled to is dependent on the collision and your injuries. With millions of people commuting every day, vehicle collisions occur frequently. The following information from a personal injury lawyer Manchester discusses the most common type of injuries sustained in vehicle collisions – injuries to the body’s soft tissues. If you have any questions after reading the material, contact a personal injury lawyer Manchester at the Law Office of Manning & Zimmerman at (603) 624-7200 for a free initial consultation.

Injuries to the Soft Tissue

Soft tissue injuries are the most common injuries sustained in automobile collisions. Soft tissue injuries can include injuries to your muscles, ligaments, and tendons. The most common types of injuries to the soft tissues include:

  • Contusions or bruises
  • Strains caused by the overuse of a tendon or muscles
  • Sprains due to damage to a ligament an over-extension of a joint

Soft tissue injuries often leave injured victims in a lot of pain and discomfort. Symptoms from soft tissue injuries can include swelling, stiffness, bruising, and soreness in the injured area. The reason these injuries are so common in automobile collisions is due to the impact of the collision. This causes those in the vehicle to be jolted violently, depending on the severity of the impact.

Whiplash Personal Injury Lawyer Manchester

Whiplash is one of the most common injuries associated with automobile crashes and occurs when there is a cervical sprain or strain, or when you suffer from a hyper-extension of the area. This injury often happens to those involved in rear end collisions when the head is jerked forward and then backward in a violent motion. The most common symptoms associated with whiplash include:

  • Injuries to the back
  • Difficulties remembering or concentrating
  • Sharp pain in the neck

Those with stiffness in the neck will, in most cases, immediately notice some of these symptoms emerging when suffering from whiplash. However, it may take a few days for the symptoms to fully emerge after a collision. While whiplash symptoms may not seem severe, it is not an injury to take lightly as it can lead to chronic neck and back pain. Treatment for whiplash can include wearing a neck brace, going to physical therapy, and taking muscle relaxant medication.

Seek Medical Attention

Seeking medical attention following a collision is very important, whether injuries are apparent or not. As discussed above, soft tissue injuries are not always apparent immediately, nor do they show up on x-rays. A medical professional will be able help to diagnose any injuries. Injury victims will need to establish medical treatment following a crash and have their injuries documented by medical professionals. This will help to prove the damages that were sustained in the collision, as well as proof of injuries.

Schedule a Consultation with a Personal Injury Lawyer Manchester

Many personal injury victims are unsure of how to proceed in a litigation case – that is why you need an experienced professional by your side, a personal injury lawyer Manchester who has the skill, experience, and integrity to help with your case. Big companies have lawyers looking out for their interests and you should too.

If you feel you have been treated unfairly by an insurance company, the NH personal injury attorneys at the Law Office of Manning & Zimmerman, PLLC can help. We are only paid for our services when we successfully recover damages from the responsible party. For a free consultation with a personal injury lawyer Manchester, call (603) 624-7200, email us at info@manningzimmermanlaw.com, or contact us by using the “contact us” form or chat feature on our website.

To subscribe to our newsletter, click here. We are also on Facebook and you can follow us on Twitter.

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NH Injury Lawyers

Judy, a personal injury client

Judy, a personal injury client

“Dear Maureen and Anna – I wanted to say a big thank you to both of you for all of your help in the beginning of such a messy situation. It has been a difficult storm. However, we got through it and there were some good people by our side. I want to be sure that you know that I will always remember your kindness, sincerity, and advice.  Thank You!”

Contact Experienced NH Injury Lawyers for a Free Consultation

If you have been injured by another person’s careless acts, contact the NH personal injury attorneys at the Law Office of Manning & Zimmerman PLLC. We may be reached at (603) 210-4464, by email at info@MZLawNH.com, or by using 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!

The NH personal injury attorneys at Manning & Zimmerman Law invite you to subscribe to our newsletter. We are also on Facebook and you can follow us on Twitter.

Experienced.  Knowledgeable.  Personally Committed to Justice.

Insurance Claims for NH Car Crashes

Insurance Claims for NH Car Crashes

nh car crashes attorneysIt is very important to buy as much car insurance as you can afford to protect you and your family. Insurance is purchased to provide coverage and protection in the event that we harm someone else. Insurance can also protect you if you are injured by someone who has no insurance or insufficient insurance. In New Hampshire, insurance is not required for drivers unless that driver has already had an uninsured at-fault crash.

In the event that you are injured by an uninsured driver, your Uninsured Motorist Coverage will protect you and compensate you and your family for your losses and harms. If someone else causes a crash that results in injuries, you may have an insurance claim. You should ask the police officer or department for the other driver’s insurance information. You may have to request a copy of the police investigative report from the police department.

If the responsible driver has insurance, you will likely receive a phone call or a letter from them. We do not recommend that you give a recorded statement to the insurance adjuster before you speak with a New Hampshire injury attorney at Manning & Zimmerman Law. The insurance adjuster is trained to take statements that help them delay, deny and defend against compensating you for your harms and losses. We would be happy to talk with you about your car crash or other personal injury matter.

Contact Experienced NH Car Crashes Attorneys for a Free Consultation

If you have been injured by another person’s careless acts, contact the NH car crashes attorneys at the Law Office of Manning & Zimmerman PLLC. We may be reached at (603) 210-4464 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!

The NH car crashes attorneys at Manning & Zimmerman Law invite you to subscribe to our newsletter. We are also on Facebook and you can follow us on Twitter.

Experienced.  Knowledgeable.  Personally Committed to Justice.