New Medical Payment Legislation in NH - Why Senate Bill 303 should be passed.

      A proposal in front of the New Hampshire legislature this month was Senate Bill 303. Senate Bill 303 clarifies language in the medical payment statute relative to payment of health insurance liens in personal injury cases. In every private health insurance policy is a provision involving a right of reimbursement, or "subrogation clause". This clause states that if a person receives a judgment or settlement from someone relative to injuries they sustained, then the health insurer has a right to be reimbursed for any bills they paid related to those injuries. This is a complicated provision, so it is important to ensure you seek the advice of an attorney before trying to deal with this on your own.

      The issue that was created by the initial version of RSA 264:16 was that the payment of private health insurance liens was never specifically mentioned in the statute. Auto insurers dealing with medical payment claims took the position that if a medical bill was paid by the health insurer, then that relieved them of their obligation to pay the bill except for any out of pocket costs like co-pays. Plaintiff's attorneys in our office and elsewhere took the position that the private health insurer's had to be paid back, and that the statute prevented double recovery of a medical bill, and the auto insurer would be required to pay either the bill in full, or to pay the private health insurer lien that is created through their subrogation clause in the contract. This created a number of issues with the Courts, and led to fights between Plaintiff's counsel representing the injured, and defense counsel representing the insurance companies.

      Senate Bill 303 clarifies this language, and reaffirms the intent of the legislature that the health insurance lien can be paid by the auto insurance medical payment carrier. While the bill has yet to be passed in full, we see this as a large step forward to protecting the rights of the insured and it is our hope it passes.

      At Parnell, Michels & McKay we have over four decades of combined experience in navigating the complex and difficult personal injury litigation cases with insurers. Coordination of your insurance benefits through the many statutes that regulate the insurance industry is just one of the major issues you may face. If you are injured in an unfortunate accident, contact the experienced attorneys at Parnell, Michels & McKay so we can help you navigate the complex insurance field and make sure your rights are protected.

PROPERTY LAW: ADVERSE POSSESSION

                At Parnell, Michels & McKay, we handle a fair amount of property litigation cases. One such type of litigation are claims made through adverse possession. It is one of the oldest forms of law in property, and involves the taking of title to property without having to execute a written deed. It most commonly arises in boundary line disputes, and can involve something as innocuous as the misplacement of a fence by a friendly neighbor. However, the effects this doctrine can have on people’s property can be immense, so it is important to try to understand the concept of adverse possession and to seek legal advice as soon as possible.

                Basically, the initial test is whether the person claiming adverse possession has acted as the true and lawful owner of the property. The reason being is an adverse possession claim must be open, notorious and continuous throughout the statutory period.  Open means that the claim is obvious. In our sample above, it is the placement of a fence across the boundary line of a neighbor. This can also be done in the form of farming, building an addition on a house, or just simple planting bushes and trees and tending to them over time.

               

                The claim must also be “notorious”, which is a nicer way of saying that use of the neighbor’s property cannot be by that neighbor’s permission. It is ok to be operating under a mistake of where the true boundary line is, but if the neighbor is aware of the issue and says its ok, then there is no “adverse” possession.

                The final part is the use must be continuous for the statutory period. In New Hampshire, this means for twenty years. So, in our example above, the neighbor (or his predecessors) would have had to have the fence on his neighbor’s property for twenty continuous years.

                Adverse possession can also be found in roads, paths or even beaches. In each situation, the factual circumstances become integral to the case. In these situations it is always important to consult with an attorney who handles boundary dispute litigation. Our firm regularly handles boundary dispute litigation, including adverse possession cases.  So, if you believe an adverse possession issue exists on your property, contact the experienced attorneys at Parnell, Michels & McKay to discuss your rights.

Revocable Trust v. Will: What is the best choice for you and your family?

            We often get questions on whether a client should have a will or a trust, and what the benefits of each are. For each client, there are benefits to both types of estate plans.

            Wills are simple and can be much cheaper to complete then trusts. They direct where your property goes when you pass into the great beyond, and they can provide direction to your family when they deal with your passing. However, wills can sometimes be inefficient to deal with the property in a way that you want, and they require the will to be probated in Court. They are also public documents that can be viewed at Court, and for some more private people that can be a problem.

            Revocable trusts provide clients with more options on how to deal with their property. A trust can avoid the problems of probate, and address specific situations like what happens if you become incapacitated. Trusts are private agreements and do not become public records. They can provide a trustee to make decisions if a beneficiary is not properly prepared to receive the property. A trust can be effective for life, and most importantly you can maintain control over your assets during your life. Trusts also can provide protections for situations like divorce or drug abuse, and allow a person to maintain control over their assets during their life. There are some cons to trusts as well, like the cost which is more expensive than wills. Trusts can be time consuming, and may involve other potential costs as part of the trust’s creation.

            There are also ways to essentially combine a will and trust with what is called a “pour over clause” in your will. In this situation, you can create a trust through that provision which effectively funds the trust at the time of your passing. Any such provisions need the careful attention of an estate planning attorney who understands the estate process.

            No matter what you choose for yourself and your family, it is always important to get proper legal advice on which options would benefit you the most. The experienced estate planning attorneys at Parnell, Michels and McKay can help you determine which options are best for you, and prepare an estate plan tailored to your needs. Should you be interested in finding out which options work best for you, contact our office to schedule an appointment. 

Mounting Debt: Is Bankruptcy an option?

                 During the housing crisis in 2008 and 2009, many people started losing their homes to foreclosure. The job market tumbled, and people all over the country found themselves unemployed and unable to pay their mortgages. Some people had their home values plummet, causing them to be “under water” on their mortgage in that their mortgage balance was higher than the property value of their homes. This caused substantial strife and stress for many Americans as they slogged through the recession in our economy.

                During that time, many individuals turned to bankruptcy to try to save their homes. They also faced aggressive debt collectors and creditors trying to take property and bringing lawsuits against them. Faced with a mountain of debt and no way to pay, many people did not know how to deal with these problems. During that time, the amount of bankruptcy’s filed skyrocketed as people looked to the law to save their homes. Today, the amount of filings has lowered, but the economy has not fully rebounded and people are still facing significant issues paying their mortgages and other bills. Those lucky enough to do loan modifications today find sometimes that even then they can’t pay the mortgage.

                At Parnell, Michels & McKay, we offer over three decades of experience in navigating the difficult bankruptcy and debt collection fields. Our bankruptcy professionals will help you determine the right type of relief for you, whether it is Chapter 7 or Chapter 13 bankruptcy. We offer hands on advice, and will go through all of your finances to determine what the best method is for you to address your climbing debt. As many people may not be aware of, bankruptcy was incorporated into our very constitution. It was one of the pillars in which our country was founded. The concern in colonial times was with people suffering in debtor’s prisons, which happened often prior to the Revolutionary War. The founders of our country, including Thomas Jefferson, created the right to file a bankruptcy to address when American citizens face the very real pressure and stress of owing more money than they can pay. This is why bankruptcy is an important part of our American jurisprudence, and anyone faced with escalating bills should consider whether it is an option for them.

                If you find yourself concerned about your financial future, contact the experienced attorneys at Parnell, Michels & McKay today to see how we can help you navigate your debt problems. 

Unbundled Services and Limited Representation: How a Greater Portion of the Population has Gained Access to Legal Services

People now have greater flexibility than ever before in accessing and utilizing legal services. “Unbundling” of legal services is now allowed and the effect should be greater accessibility has created greater access to legal services by segments of the population historically unable to secure needed assistance of counsel in dealing with legal projects. The one exception to this new form of representation is criminal law. Unbundled services is a development we at Parnell, Michels & McKay, PLLC offer in certain cases, as it means we will have much greater flexibility in customizing services to fit clients’ particular needs where money is a real issue for the client.

Simply put, unbundling means breaking down a project into its component parts. Once a legal project is broken down, it is easier to determine what a particular individual is capable of doing on their own and what they may need assistance to complete. A home remodeling project is a good way to demonstrate unbundling. Included in the typical bundled remodeling project is framing, drywall installation, wiring, floor covering installation and painting or wallpapering. After breaking the project down to its components, or “unbundling” the project, one can determine what he or she comfortably can do and with what components he/she will need help. For example many are comfortable painting or wallpapering but might be uncomfortable with the other components of remodeling.  With an unbundled approach to remodeling, the homeowner secures services only in the components he or she does not feel skilled enough to handle.

How does this process work? It is actually pretty simple. Like the remodeling example, any legal project can be broken down into component parts. For example let us take a simple divorce. Among others, components of a simple divorce include initiating the action with a petition for divorce; engaging in discovery (the process of learning the other side’s case, how they intend to support it and securing information from the other side that helps present your case); document preparation; determination of support issues, property settlement, motion practice and court appearances. An individual contemplating a divorce or finding themselves a party in one initiated by their spouse and wanting to explore the option of unbundled services, simply determines, ideally in consultation with a legal professional, what components of the process they are comfortable handling and the components with which they would like assistance. An agreement is then made, and the attorney does the agreed upon work, and the client handles the rest of the matter they are comfortable with on their own.

            Another option is limited representation. This is similar to unbundled services, but is more appropriate when a person only wants the attorney to handle a single hearing. For example in the divorce context, a person may only want representation at a mediation or for a status conference/temporary hearing. The client can then provide the attorney with a smaller retainer, and the attorney can handle that specific hearing. Once the hearing is concluded, and the orders issued by the Court, the attorney’s representation ends unless the client wants the attorney to continue to be involved. Limited representation is allowed in certain contexts, and may not be appropriate for all cases. However, it provides greater access to legal services to those that may be unable to afford an attorney full-time.

At Parnell, Michels & McKay, PLLC, we offer unbundled services and limited representation in certain contexts. Our goal throughout our existence has been to provide competent legal services at a reasonable cost. If you find yourself in need of legal help, contact us today.

Workers’ Compensation: What is a Permanent Impairment?

                In Workers’ Compensation, it is commonly misunderstood by most people what an injured person is entitled to. In previous blog posts, we talked about how an injured worked unable to work is entitled to 60% of their average weekly wage while they are out of work. They are also entitled to have all medical bills that are incurred due to the work injury and reasonable and necessary medical treatment paid by the workers’ compensation insurance carrier. Yet, what happens when a person has a permanent injury that prevents them from working?

                First, it is important to separate that an injury that causes someone to be permanently and totally disabled entitles them to continuing wage (indemnity) benefits from the insurance carrier as long as they can’t work. If they can never work again, they are entitled to receive permanent wage benefits, and also possibly social security disability benefits. While often permanent injury cases are settled, there remains the possibility of the injured worker being paid a weekly benefit for life if they can never work again.

                Second, the injured worker who has a permanent injury is also potentially entitled to a permanent impairment award. This award is governed by statutory law, and has a series of potential injuries that affect the calculation. Most commonly, it involves a person with a permanent injury that affects their whole person. Thus, under NH law, they are entitled to a permanent impairment award for that injury.

                The way this is calculated is to have a doctor review the injured worker’s injuries under the American Medical Association Guidelines for Impairment, 5^th edition. The AMA guidelines include a lot of information that doctors utilize to come to a percentage that a person is impaired. Thus, a person with a fused spine at one or two levels likely has a permanent injury, and a doctor would “rate” them with a percentage that affected their whole person. This percentage is then plugged into a calculation to determine the monetary award for the permanent impairment. So, for example, if a claimant received $500 per week in wage benefits from the workers’ compensation carrier, and they have a whole person impairment of 10%, then the calculation under RSA 281-A is to take that $500 per week, multiply it by 350 weeks, and then multiply it by the percentage for the final number. So, for example, the hypothetical person calculation above would be ($500x350)x0.10 = $17,5000. Thus, the permanent impairment award would be $17,500.00.

                This is a complicated process, and doctors often do not agree on the percentage that a person is impaired. If you were injured and think you have a permanent impairment, the experienced attorneys at Parnell, Michels and McKay can help you navigate this process effectively, and allow you to recover the full amount you are entitled to. If you are in need of legal help from a work related injury, please contact our office to find out what your rights are. 

NH Pro Bono Hockey Game - Tickets Available!

Attorney Rory Parnell and Attorney Neil Nicholson of McCandless & Nicholson have organized a great charity event to raise money for the NH Pro Bono Referral Program. These funds help the program find attorneys for those who cannot afford their own legal representation. We have limited playing spots available, but we have plenty of tickets for spectators to come and watch their lawyer friend skate. 

Come and watch nearly 30 members of the NH Bar who have signed on to participate in the charity hockey game to benefit the NH Pro Bono Referral Program.  Tickets remain available at a cost of $25.00 each, which provides entry to the NH Pro Bono Hockey Game and the Monarchs game that follows.  The game will be held at the Verizon Wireless Arena in Manchester, NH on January 16, 2016 from 4:20-5:20 p.m.  The Monarchs game begins thereafter at 7:00 p.m.

Tickets to both games can be purchased by contacting Neil Nicholson at neil@mcnich.com or 603-856-8441 and must be purchased by January 7, 2016. 

The event is being sponsored by Connelly Reporting and Videoconferencing; Parnell, Michels & McKay, PLLC; McCandless & Nicholson, PLLC; Upton & Hatfield, LLP and Gallagher, Callahan & Gartrell, PC.