Personal Injury
Personal Injury: Emotional Distress
Stress infiltrates our lives. Between bills, demanding jobs, nerve-wracking traffic, getting kids to their activities and other worries, who isn’t stressed? How do courts distinguish every day stress from trauma that crosses the line? For years, courts rejected emotional distress claims. They feared “opening the floodgates”. Foreign Objects in Food […]
Prescription Error, Pharmacy Negligence & Damages
Prescription error unfortunately presents a growing problem. A legal cause of action exists against a pharmacy that negligently provides the incorrect prescription. It may be the wrong medication. Other times the wrong dosage is indicated for the “right” medication. Pharmacy negligence was relatively unheard of at one time but has actually become […]
Rules of the Road: Turn Signals
Yes, turn signals are required under the law. With degenerating driving habits this issue actually went all the way up to the New Hampshire Supreme Court. Justices reviewed the law and what one driver said about ‘turn only’ lanes. A motor vehicle operator in Dover drove into one of those […]
Personal Injury – Preexisting Injuries and Conditions
“Bad things happen to good people.” But, what if they happen twice? You suffer an injury, and while healing you have an accident. Or, you have a medical condition worsened by an accident. Preexisting injuries and conditions are not as unusual as you might think. Basic Law on Preexisting Injuries and Conditions A person […]
How Can Waiting to File a Personal Injury Claim Hurt?
Letting the clock run on a personal injury claim rarely helps. Statutes of limitations require a case to be filed in a court with proper jurisdiction within a given time after an injury or the claim is barred forever. Such statutes generally vary from one to three years. When people […]
Personal Injury: Claims Against The Government
Government Immune to Claims The concept of sovereign immunity historically shielded government entities at all levels against liability, meaning they could not be sued. “The King can do no wrong” is the way it was put in the distant past. Even though there was no King in the United States, […]
Personal Injury: Expert Testimony
Heavy impact on the human body can fracture bones. This seems obvious. But, in a court of law, cause and effect and the extent of damages must be supported by expert medical testimony. For example, a passenger in a motor vehicle breaks an arm when the driver looks down to change the […]
Never Give “Statements” in Your Injury Case Without An Attorney
After an accident insurance companies want to take statements. It’s how they document claims. You have a duty to cooperate with your own insurance company. And, it’s a good idea to cooperate with the insurance company for the person or company that caused an injury. So, allow the insurance company to look at a car […]
Contingent Fee Agreements
Contingent fee agreements allow those who have sustained an injury to retain an attorney to pursue their case with no initial payment and no monthly legal bills. Instead, the attorney gets a percentage in the end. While there has been some controversy about this arrangement in the past, and some […]
Slip and Fall Accidents – Open and shut case?
Slip and fall accidents never present ‘open and shut’ cases. The person injured must have facts that, when applied to premises liability law, show that the owner of the property where the injury occurred either did something they should not have done, or failed to do something that they should […]
