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Manchester Injury Attorneys

Manchester Injury Attorneys Discuss Healthcare Marketing

Unethical Practices Taint Some Healthcare Marketing

Ad spending by drug companies has doubled in the past four years

The Manchester injury attorneys at Manning & Zimmerman Law know that when a doctor writes a prescription, most of us assume we’ll walk out of the pharmacy with the drug best suited for the diagnosis. But what if the doctor chose a new drug based on a big marketing push by the manufacturer? Or maybe it’s the other way around. Patients often request a particular brand-name drug after seeing hundreds of television ads. These ads often have actors or well-known celebrities vouching for its effectiveness.

So far in 2018, pharmaceutical companies have shelled out $2.8 billion to run direct-to-consumer television ads touting the benefits of about 70 prescription drugs. Between 2012 and 2016, the number of television ads for medications grew 65 percent as companies increasingly target the exploding and lucrative baby boomer market.

The drug companies are not alone in playing the healthcare advertising sweepstakes. Hospitals are spending more than ever on advertising and, as with other products, that advertising is filled with lots of promises, according to a professor of marketing at Northwestern University. “So a hospital can go out and say, ‘This is where miracles happen. And here’s Joe. Joe was about to die. And now Joe is going to live forever.’ ”

Pushing the Ethical Boundaries

Some healthcare marketing and advertising crosses the line. Patient advocates both inside and outside the healthcare industry believe this distorts the truth about risk and effectiveness. Before pushing for a new medication advertised on television, consider the following:

Some celebrities endorse drugs or treatments without always saying they were paid to do so
  • Where are you getting your information? Glossy ads can be tempting. Online forums can be full of disinformation. Choose your sources carefully. For example, a 2014 study in the Journal of the American Osteopathic Association found that 90 percent of Wikipedia articles concerning the 10 costliest medical conditions contained inaccurate data. Keep in mind that Wikipedia articles can be edited by anyone, including people working for healthcare companies.
  • Who is selling you a medication or medical device? Celebrity endorsements are all the rage these days, from beauty products to insurance to – you guessed it – medications and remedies. A friendly and famous face may say he or she is promoting a new drug or treatment because of personal conviction, but what they might not be saying is they are often getting paid big bucks to do so. Truth in Advertising (TINA), a nonprofit that works to protect consumers from false advertising, filed formal complaints against GOOP, a lifestyle company run by Gwyneth Paltrow. They cite 51 examples of what they consider unsafe treatments, and argue that GOOP “does not possess the competent and reliable scientific evidence required by law to make such claims.”
  • Are the promises you hear vague or overly positive? Patients of difficult and even fatal diseases criticize what they see as overly positive ads for medications and treatments. These advertisements often feature happy, healed patients and their families with stories of miraculous recovery. But many patients say the ads spread false hope, or worse yet, make them feel as though they are still sick because of their own failings rather than the reality of their illnesses.
  • Is that new medication really necessary? When new drugs are patented and hit the market, they can only be sold exclusively for limited periods of time. Once a generic version is available, the price drops dramatically. This means that the manufacturers of brand-name medications need to push the new drug as aggressively as possible. They do this to recoup their investment and hit earnings targets. It also means that some companies create new medications that studies show are really not that different than existing medications. This is done so they can slap on a new name and start the brand-name marketing cycle all over again.
  • Is your doctor receiving money or perks from pharmaceutical companies? A ProPublica study revealed that doctors who receive money or meals from drug and device makers – even just small gifts – prescribe a higher percentage of brand-name drugs overall than doctors who don’t. Check out Dollars for Docs, a website that tracks payments made to healthcare professionals and facilities.

Cutting Through the Advertising Clutter

Our Manchester injury attorneys recommend asking, “Who can be trusted for good information about various healthcare treatments and medications?”

Talk to your doctor first. Ask about the side effects of a particular medication. Also ask if there is a generic available, and if they have experience with the recommended medication or treatment. Don’t be afraid to advocate for yourself if you feel as though you are being pushed into something unnecessary. That might also mean getting a second opinion. See more questions for your doctor here.

Do some of your own research as well, starting with the U.S. Food and Drug Administration (FDA). Click here to check approvals and to see if a medication has been recalled. Then instead of a random Google search, look for healthcare websites that have a reputation for independence and trusted information. Examples include WebMD or Mayo Clinic.

Major news organizations will often run investigative stories about drugs or treatments with a suspicious background. They also investigate questionable relationships between those advocating a particular medication and the manufacturers.

And finally, the Manchester injury attorneys at Manning & Zimmerman Law  recommend that you be skeptical about the promises you hear made in healthcare advertising and marketing. As an executive director of Breast Cancer Action put it: “It’s the basics of marketing. In order to sell products and services, you have to sell hope.” In other words, buyer beware.

Contact Experienced Manchester Injury Attorneys for a Free Consultation

If you have been injured by another person’s careless acts, contact the experienced Manchester injury attorneys at the Law Office of Manning & Zimmerman PLLC. We may be reached at (603) 232-7278 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.

Manchester injury attorneys

NH Injury Attorneys Discuss Rise in Elder Abuse

As U.S. Population Ages, Reports of Nursing Home Abuse on the Rise

National data on cases of elder abuse in America’s 15,600-plus nursing homes and other elder-care programs is hard to come by. But several recent studies by government investigators, advocacy groups and the news media have chilling implications.

Elder Abuse
Protect the elderly in your life by learning the signs of elder abuse

According to the National Ombudsman Reporting System (NORS), 14,258 (7.6 percent) of approximately 188,599 complaints reported to state ombudsman programs in 2014 involved abuse, gross neglect or exploitation. Another study of nursing home staff throughout the country found that 36 percent had witnessed at least one incident of physical abuse of an elderly patient in the previous year, 10 percent committed at least one act of physical abuse and 40 percent admitted to committing psychological abuse. It gets worse: A CNN special investigation in February of 2017 found that the federal government cited more than 1,000 nursing homes for mishandling or failing to prevent alleged cases of sexual assault and abuse from 2013 to 2016.

Given that 1.4 million aging adults already live in nursing homes and that the number of Americans 65-plus will double between 2010 to 2050, this issue will only become more pressing.

Keep a Watchful Eye

Nursing Home Abuse
Financial abuse is often overlooked, costing older Americans more than $36 billion a year

Elder abuse can encompass a wide range of behaviors, including physical, mental, emotional, sexual, and financial abuse and neglect. Beyond the physical scars left by abuse, neglect and mistreatment have dangerous effects on the quality of life left to an aging person. Elders who have been abused have a higher risk of early death compared to those who have not been mistreated. If your loved ones are in a nursing home or other elder care program, watch for these warning signs:

  • Broken bones or fractures
  • Bruising, cuts or welts
  • Bedsores
  • Frequent infections
  • Signs of dehydration
  • Mood swings and emotional outbursts or unusual depression
  • Reclusiveness or refusal to speak
  • Refusal to eat or take medications
  • Unexplained weight loss
  • Poor physical appearance or lack of cleanliness
  • Caregivers not wanting patients to be left alone with others
  • Sudden changes in financial situation or missing personal items

Protect Your Most Vulnerable Loved Ones

For a family member or caregiver choosing a care facility, the risk of abuse can be overwhelming and traumatic. The best way to prevent elder abuse is to choose the right care facility, which is not always easy given location or financial constraints. Nevertheless, here are factors to consider:

  • Talk to residents or other patients. Observe their physical well-being and behavior. Also visit with residents’ families if possible, and learn whether they have experienced problems with the facility.
  • Avoid facilities that have restricted access.
  • Meet with key personnel (nurses, aides, social workers, administrators and doctors).
  • Read contracts carefully before signing and look for a forced arbitration clause. The rights of your loved one may be denied even if they are abused. Ask that the forced arbitration clause be removed or consider another facility.
  • Visit frequently. Vary your visits to different times of the day and evening to assess the care provided during the day, night, weekends and holidays.
  • Trust your gut. Pay attention to whether residents appear clean, well fed and free of bruises or other wounds. Also note if the environment is peaceful and feels safe.
  • Document in writing the details about any problems or concerns.
  • Compare facilities. Look up state survey reports here.

Contact NH Elder Abuse Attorneys

Before pursuing  a civil action for institutional elder abuse, it is important to objectively evaluate the facts of the case. The NH Nursing Home Injury Attorneys at the Law Office of Manning & Zimmerman PLLC provide aggressive yet caring legal representation to those whose loved ones have been the victims of NH nursing home abuse. Our goal is to help our clients receive full and fair compensation for their injuries. This includes pain and suffering that has been suffered due to negligent care of the elderly.

If you need help bringing a NH nursing home abuse claim, or have any questions, including needing information about a nursing home requiring the signing of a forced arbitration clause, we are available to help. There are no up-front costs for our services. All NH personal injury cases are handled on a contingency basis. This means that we are only paid for our services if we successfully recover damages from the responsible party. For a free consultation, call (603) 239-2101, email us at info@MZLawNH.com, or contact us by using the “contact us” form or chat feature on our website.

Experienced.  Knowledgeable.  Personally Committed to Justice.

new hampshire workers' compensation

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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.

new hampshire workers' compensation

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truck crash attorneys

Truck Crashes Involving Multiple Parties

New Hampshire Truck Crash AttorneyOver the past five years, the number of truck crashes has increased by 20% in the United States. Any crash that involves a commercial truck requires a special investigation to determine the cause. Many of these crashes can create severe injuries to the parties involved in the crash. Damages can include lifelong disability, exorbitant medical bills and, sometimes, paralysis or death. Importantly, unlike car crashes, truck crashes often have multiple parties that may be liable for the damages.

The Law and Truck Crashes

There are a host of laws and regulations that affect how truck crashes are to be handled by the parties involved. Truck crashes involve more than just state laws. These collisions are regulated by federal laws and regulations as well. The liable parties could include the trucking company, the owner of the truck, the manufacturer of the vehicle, or other parties associated with the truck driver. Under the current federal laws, a trucking company may be responsible for damages caused by their truck drivers. Additionally, these parties have insurance companies who assess damages and provide financial liability support.

The Investigation Process

The investigation starts shortly after the crash. One of the major factors that should be included in the investigation is the number of hours the driver was on the road. Fatigue and exhaustion often contribute to truck crashes, and unfortunately, truck drivers often violate hours of service regulations in order to meet deadlines. In some cases, an expert will have to be hired to examine the truck and/or the black box data.

Trucking companies and their insurance companies will make sure they investigate the causes of the crash. Avoiding liability and paying out compensation will be the basis for their decisions. However, reviewing the trucking company’s past or present compliance failures can provide additional support for your case.

Within a short time period, what may seem like a clear-cut matter to you can become quite complex. With the complexity of the liability in these accidents, it is important for an individual injured in such a crash to consult with an experienced New Hampshire injury attorney. The experienced attorneys at Manning & Zimmerman Law will understand the common reasons for truck crashes. We can help to determine whether there are multiple parties who can be held liable for your injuries.

Contact Experienced NH Personal 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 personal injury attorneys at the Law Office of Manning & Zimmerman PLLC. We may be reached at (603) 671-3156 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.

nh car accident lawyers

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

personal injury attorney

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

New Hampshire Personal Injury Damages

New Hampshire Personal Injury Damages

New Hampshire personal injury damagesAccording to the New Hampshire personal injury damages attorneys at the Law Office of Manning & Zimmerman, under New Hampshire law, injured plaintiffs are entitled to compensation for the injuries they sustain as a result of someone else’s wrongdoing. The main purpose of monetary damages is to make an injured plaintiff whole – to the greatest extent possible under the law. While money may be a poor substitute for the loss of a limb, spinal cord injury, severe brain damage, or other catastrophic injury, it is unfortunately the only means of compensating injured plaintiffs under the law.

In this article, the New Hampshire accident lawyers at Manning & Zimmerman Law will explore some common types of economic and non-economic damages that are available in New Hampshire personal injury cases, as well as some basic techniques for proving these types of damages.

Economic vs Non-Economic New Hampshire Personal Injury Damages

Economic damages are those types of damages that can readily be calculated in dollars and cents. These damages include compensation for medical treatment, medical bills, and lost wages sustained as a result of the plaintiff’s injuries.  Non-economic damages are not as easily calculated and proving these damages will often require the in-court testimony of lay witnesses and experts.  Non-economic damages include compensation for loss of enjoyment of life, for pain and suffering, psychological/psychiatric harm, permanent injury, loss of future earning capacity, and loss of companionship.

Medical Bills

An injured plaintiff in New Hampshire is entitled to payment of related medical and physical therapy bills that result from injuries sustained in an accident.  The first step to proving these types of New Hampshire personal injury damages is for all medical records and bills to be submitted to the insurance company’s adjuster.  Assuming that liability is uncontested, these bills, along with information about how the injury affected you, will assist the adjuster in placing an initial settlement offer on the case.  Since initial settlement offers made by adjusters are typically very low, it may be necessary to file a lawsuit in order to trigger a more favorable response from the insurance company or to prepare for trial by jury.

In cases where the insurance company is contesting certain medical treatment, procedures, or bills, it may be necessary to retain an  expert witness, such as a treating doctor or other healthcare provider, who can testify about the necessity of the disputed medical treatment.

Loss of Enjoyment of Life

These harms and losses can be the most damaging and will typically require witnesses to talk about what was life like before the injury and afterwards. Testimony about the injured’s passions, like golfing, hiking, skiing, fishing, etc., their family life, the pursuit of their “bucket list”, etc. is important in telling the adjuster or the jury what happened and how life has been impacted.

Psychological or Psychiatric Harm

An injured plaintiff may also receive damages for psychological or psychiatric harm if that treatment can reasonably be connected to the accident.  This might include treatment for anxiety, depression, or post-traumatic stress disorder that post-date the accident that are documented by the medical records and bills. It is not unusual for people injured in car crashes to experience anxiety about driving fearing that if it happened once it can happen again.

Injured plaintiffs can also recover for missed time from work resulting from injuries sustained in an accident. The insurance company typically requests documentation from the injured plaintiff’s employer referencing the time missed from work and confirming the amount of the injured plaintiff’s daily, weekly, or monthly wages.

Lost Wages

In cases where the injured plaintiff is claiming a significant amount in lost wages, it may be necessary for a healthcare provider to testify in court about why he or she advised the injured plaintiff to be absent from work, including testimony about the extent and severity of the plaintiff’s injuries. It may also be necessary for an employer to testify about the injured plaintiff’s job duties before and after the accident, as well as any job limitations post-accident.

Past, Present, and Future Pain and Suffering

Injured plaintiffs in New Hampshire are also entitled to compensation for past, present, and future pain and suffering that occurs as a proximate result of injuries sustained in an accident.  These damages are called ‘non-economic damages’ because they cannot readily be measured by an exact dollar amount.  These New Hampshire personal injury damages include compensation for all of the inconvenience, pain, and aggravation caused by having to attend medical and physical therapy appointments – and undergoing and recovering from medical treatment. These damages also compensate the plaintiff for the general disruption to his or her life as a result of the injuries sustained.

In order to prove these damages, the most helpful kind of testimony is that of an experienced medical provider.  In cases where serious permanent injuries are claimed, the plaintiff’s attorney will often refer the plaintiff for a permanency evaluation.  The doctor who performs the permanency evaluation will generate a report which is also sent to the insurance adjuster and defense attorney, if one is involved at that point in the litigation process.  You should know, however, that when a doctor performs a permanency evaluation on an injured plaintiff, the insurance company’s doctor will subsequently perform a so-called independent medical examination (IME) on the plaintiff. The IME doctor’s report will typically not be as favorable as that of the permanency doctor and is usually not independent or an actual examination.

Witnesses and Life Tables

In addition, co-workers, family members, and friends of the injured plaintiff can also be helpful witnesses, and their testimony can be used to help prove the injured plaintiff’s social, family, and work limitations following the accident.  This may include testimony about social, work, household, or family activities that, in the witness’ observation, are impossible or much harder for the injured plaintiff to do since sustaining injuries in the accident.

Some attorneys may also introduce life tables or mortality tables into evidence to justify New Hampshire personal injury damages for future pain and suffering.  These tables approximate an injured plaintiff’s life expectancy given his or her current age and gender, among other factors.

Loss of Future Earning Capacity

Injured plaintiffs can also receive compensation for loss of future earning capacity.  These damages are usually available in catastrophic personal injury cases where an injured plaintiff, following an accident, is unable to return to the same job or the same line of work.  In the most serious of cases, the injured plaintiff may not be able to work in any capacity following the accident.  In order to prove these damages, it is often necessary to retain a vocational rehabilitation expert or economist who can testify about the plaintiff’s potential future earnings had he or she not sustained the injuries, as well as the amount of the injured plaintiff’s projected lost income measured over the remainder of his or her life. 

Loss of Consortium or Companionship

Injured plaintiffs can also receive compensation for spousal support, loss of companionship, and loss of consortium.  These New Hampshire personal injury damages compensate an injured plaintiff and their spouse for harm to the family or to a marital relationship, including the ability to socialize and spend time with children or be intimate with a spouse.  These damages are oftentimes hard to prove and will likely require the trial testimony of spouses, family members, or marital relationship experts.  These damages are only available in catastrophic personal injury cases.

Contact Experienced New Hampshire Personal Injury Damages Attorneys

If you or a loved one have been injured through no fault of your own, contact the New Hampshire personal injury damages attorneys at the Law Office of Manning and Zimmerman, PLLC. There are no up-front costs for our services.  All personal injury and workers’ compensation cases are handled on a contingency basis, meaning that we are only paid for our services if we successfully recover damages from the responsible party. For a free consultation, call (603) 624-7200.

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 .

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 info@manningzimmermanlaw.com.

New Hampshire Injury Lawyer

New Hampshire Injury Lawyer: Valuing Damages in an Injury Case

In personal injury cases, the term ‘damages’ refers to the amount of money that should be paid to an injured party (or plaintiff) who suffered harm due to the negligent, reckless, or intentional act of the defendant.  It is intended to make the plaintiff whole after the incident and put the plaintiff in the position they would have been if they had not been injured.

Valuing your personal injury case is an essential part of your injury claim.  It is often hard to put a dollar figure on an injury if it involves, for example, pain and suffering or loss of enjoyment of life – although these losses can be very significant.  Many injury victims consult with a New Hampshire injury lawyer at the Law Office of Manning & Zimmerman, PLLC to discuss what their case is worth and how personal injury damages work.  Fortunately, personal injury damages can be categorized and simplified to give you a better understanding of the injury claims process and your real case value.  An experienced New Hampshire injury lawyer at Manning & Zimmerman can help in valuing your case so that you can make informed decisions about any settlement offers or court proceedings.

General and Special Damages

The two categories of losses in your personal injury case are general and special damages (often called non-economic and economic damages).

General damages are those damages which flow naturally from a claimant’s injury.  For example, if you were injured in a car crash, the defendant should be responsible for all injuries you sustained.  In addition, if you had a pre-existing injury which was worsened by the crash caused by the defendant, the defendant should be held responsible for those damages as well.

These are the types of general damages in a personal injury case.

  • Physical pain and suffering
  • Physical disfigurement
  • Physical impairment
  • Mental anguish or emotional distress
  • Loss of companionship
  • Lowered quality of life

Computing general damages depends on the type of injury you have sustained and the nature and extent of your injuries.   What a jury will award and what you could be awarded in a settlement varies depending upon the facts of each case.  An experienced New Hampshire injury lawyer at Manning & Zimmerman can guide you through the damages valuation process and give you a realistic idea of what your case is worth.

Special damages refer to your actual out of pocket damages, such as medical bills or time off work, because of your injuries.  These are more readily quantifiable. Each personal injury case is different as to what type of special damages a personal injury claimant can claim, but these are the categories of special damages that you can expect in a personal injury case.

  • Repair and replacement of damaged property
  • Medical expenses (past and future)
  • Loss of irreplaceable items
  • Lost wages (past and future)
  • Any limitation on ability to work because of the accident or injury

It is important that you quantify these damages.  For example, if your car was totaled in a car crash and you had to take time off work to recover from your injuries, it would be important to have a verifiable value for your vehicle, your medical bills, and evidence of lost wages as evidence in your case.  The use of experts or documentary evidence is helpful in presenting your special damages.  A New Hampshire injury lawyer at the Law Office of Manning & Zimmerman, PLLC can advise you as to what is the best evidence to prove your claims.

When reviewing your personal injury claims, it is helpful and advisable to have an experienced New Hampshire injury lawyer assess the value of your case.  It will help you make informed decisions about your case and how to proceed.

 

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NH injury lawyer: Six steps to prevent falls

NH Injury Lawyer: Make Staying Home Safer for Elderly Relatives and Friends

In 2013, there were 44.7 million Americans age 65 and older. As the baby boomer generation ages, that number will spike upwards to 56.4 million in 2020, 82.3 million in 2040 and 98.2 million in 2060. According to a NH injury lawyer at the Law Office of Manning & Zimmerman PLLC, most baby boomers will live longer on average than previous generations, remain independent and age gracefully, which makes “aging in place” (living at home as long as possible) an attractive option. But several studies suggest that most homes are not designed to minimize safety risks for people over age 65.

Nearly everyone nearing retirement age will tell you they would prefer to live independently at home as long as possible, according to a recent survey by AARP. Many will get their wish, thanks to better health and longer life spans. And with the number of Americans aged 65-plus projected to double by 2050, there will be a growing number of older people living at home over the next three decades.

There are many benefits to living at home as we age, but there are safety risks as well, including falls, fires or accidental poisoning. If you care for an older relative or friend or are elderly yourself, you should know how to make a house as safe as possible for those living out their golden years at home.

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