Dog Bite Cases

                Dogs are man’s best friend. Most of us have had them as a part of our families over the years. However, dogs (especially poorly trained dogs) can be highly dangerous animals. When they attack, they can cause lasting and permanent physical and emotional scarring. Some breeds (like pit bulls) can cause even more significant damage because of their physiological makeup. These breeds are often black listed by insurance companies because of this. Often, insurance companies will charge higher premiums to dog owners who own dogs like a pit bull or Doberman pincher. This is not necessarily because they are more aggressive than other dogs, but because the damage they cause is so much more significant.

                In New Hampshire, dog bite cases are strict liability. This means that the owner of a dog is strictly liable for injuries caused by their dog’s attack. So, an insurance company normally cannot claim that the victim of the dog attack contributed to our caused the attack. While there are exceptions to this rule (like deliberately antagonizing a dog), it is a very difficult defense to establish. Our firm also handles looking at whether other entities could be held responsible besides the owner, as it is not always just the owner’s fault for the dog attacking someone.

                While dog bite cases are not that complicated when it comes to liability, they are much more complicated when it comes to damages a person can suffer. Often, the injuries are open wounds but do not involve broken bones. They typically involve permanent scarring, which can have lasting effects both physically and mentally. It is also common to suffer significant emotional trauma from a dog attack. This can include the victim being unable to be around dogs for fear of their safety, or post-traumatic stress from the incident.

                At Parnell, Michels & McKay, we have experienced personal injury attorneys that can address all the ramifications of a dog attack. Contact us today if you were a victim of a dog or animal attack, and see how our team can help you. 

Massachusetts v. New Hampshire: Key Insurance Law Differences

                New Hampshire and Massachusetts share similar histories, but over time their laws have become different. One in particular is the Massachusetts’ consumer protection act (M.G.L 93A) and its sister law M.G.L 176D which regulates the practice of insurance in the state. The big key difference is that the Massachusetts’ consumer protection statute applies to insurance companies conducting business in the Commonwealth, while New Hampshire’s supreme court decided that New Hampshire’s consumer protection statute (RSA 358-A) does not apply to insurance companies. This was a frustrating Court decision that has had significant ramifications on people of New Hampshire being injured by unreasonable and unsupportable insurance practices.

                In Massachusetts, M.G.L 93A provides that if an insurance company violates M.G.L 176D, then the injured party (the Plaintiff in most cases) could be entitled to two to three times their damages, plus costs and attorney’s fees. In a lot of cases, this means a doubling or trebling of the judgment obtained in the underlying injury case. This provides a significant incentive to insurance companies to deal in good faith with injured Plaintiffs, as if they do not they can get hit with large judgments for their unreasonable practices.

                In New Hampshire, our only statute governing the insurance companies when they are unreasonable is RSA 417. This statute does not have much effect, if any, on the practices of insurance companies as they know the penalties for violating that statute are minimal. Thus, insurance companies have been protected by our legislature and Supreme Court to the detriment of its citizens. This was an unfortunate result, and one injured Plaintiffs in New Hampshire have been frustrated by since the ruling came down.

                While Massachusetts has always been more consumer friendly than New Hampshire, it is always important to note that New Hampshire does have some favorable laws. Two of them being no income tax and no sales tax, and the sales tax at least reduces costs for consumers.

                Still, it can be a frustrating practice, and it is important to know your rights in both states when you are injured. The Personal Injury attorneys at Parnell, Michels & McKay can help you navigate the legal field and get the best benefit possible in your case. If you are injured in either New Hampshire in Massachusetts, contact our office today to find out what rights you have. 

Collaborative Divorce - Why You Want to Consider the Collaborative Approach to Divorce

            Collaborative Divorce is an approach to problem resolution in the family law setting. In New Hampshire, parents are often required to discuss and agree on a “parenting plan” which encourages collaborative resolution.  It is an alternative dispute resolution technique for resolving conflicts and reaching agreements using cooperation rather than adversarial techniques and litigation. It recognizes the value of an attorney, but avoids the involvement of the Court. The idea is that the parties will fully cooperate in the process. The result of the process is that the divorcing parties develop skills through the collaborative process that will assist them in addressing not only the issues common to divorce, but also the inevitable issues that all parents confront as their children grow.

            The Collaborative process incorporates three principles: A promise not to go to court to resolve issues; an honest and open exchange of information and a desire to achieve a resolution that puts the priorities of the parties and their children first.  Mutual respect and mutual effort in resolving issues to achieve both parties’ goals is at the heart of the collaborative process.  Through this process the parties together control the outcome, not the court. This leads to a meaningful result that is the product of contemplation and dialogue and not the artificial result that often occurs when the marriage is condensed to a few hours presentation in front of a judge.

            The collaborative process begins with the parties and their counsel signing a contract that obligates all to reach a resolution without court involvement. The contract includes an express provision that bars court involvement in decision making and requires the attorneys to withdraw and the parties to retain new counsel if the collaborative process breaks down. As a result, all involved, including counsel, have a vested interest in reaching a resolution using the collaborative process. This contract is a key tool in achieving the goal of developing effective relationships, solving problems jointly and preventing court battles that harm rather than help heal.

            At Parnell, Michels & McKay we encourage families going through the divorce process to consider a collaborative approach first. If you are interested in learning more about the collaborative process and how it may help you, please contact us to learn more.

LANDLORD AND TENANT LAW: THE EVICTION PROCESS

            Often clients, especially tenants, are confused by the eviction process. The first step in any eviction is to serve a “Notice to Quit” or Eviction Notice. The Eviction Notice spells out the basis for the eviction, and specifies the time period the tenant has to leave. If the eviction is based on failure to pay rent, a Demand for Rent should accompany the Notice to Quit. Both the Notice to Quit and Demand for Rent forms are available online at the NH State website.

            If you are a landlord and are not sure what you should put on the form, and what you should be evicting your tenant for, you should contact an attorney to help you. Our firm handles Landlord and Tenant matters, and would be happy to assist.

            If you are a tenant, the Eviction Notice does not mean you have to leave immediately. Once date you are asked to leave by your landlord passes, your landlord still has to file a Landlord/Tenant Writ in the local district court where you live. It is this filing that starts the Court action. If a Landlord/Tenant writ is filed against you, you should contact an attorney to help you.

            After the Landlord/Tenant writ is filed, and the Tenant files an Appearance in the Court action, the Court will schedule a hearing on the merits. It is at this hearing that the Court will decide whether the landlord or the tenant has the right to use and occupy the premises. If the landlord wins, the Court will issue a Writ of Possession that gives the Landlord the right to use and occupy the premises. This Writ of Possession must be served by a local county sheriff, and once served, the Sheriff will physically remove the tenant from the property. The hope is that the process does not go this far, but often it becomes necessary.

            Landlord Tenant law is wrought with minefields that, if a landlord isn’t careful, can create substantial liability to the tenant. It is strongly encouraged that if you need help with an eviction, or even just a better understanding of the process, that you meet with an experienced lawyer at Parnell, Michels & McKay that can help guide you through the process. If you find yourself in need of assistance, contact our office.  

UPDATE: USING A PHONE WHILE DRIVING: HOW THE NEW BAN IS AFFECTING TORT CASES

                As of July 1, 2015, the State of New Hampshire banned the use of a cell phones while driving, and limited any use of a handheld electronic device. This included not only cell phones, but tablets and GPS devices as well.

                Since the law was passed, the State of New Hampshire has tried to inform all citizens of New Hampshire and those that travel here that such use is banned. Since the inception of the law, police officers have been paying much closer attention to seeking out the use of cell phones while driving. This has led to increased tickets, and escalating fines for those that are using their phones while driving.

                Since the ban, we are discovering that police officers investigating motor vehicle accidents are much more focused on the use of cell phones while driving. The primary goal is to limit and hopefully eliminate distracted drivers from using their phones while operating a motor vehicle. When such drivers are cited for use of a cell phone, this becomes a key part of any motor vehicle accident case and can be used to establish liability in a given case.

                It is always important for any citizen to be aware of the rights and laws that affect them on a day to day basis. If you find yourself injured by a distracted driver, contact the experienced attorneys at Parnell, Michels & McKay.

                

New Hampshire Primary – Get out and Vote!

                Today is New Hampshire’s first in the nation primary for the presidential election. This primary has been a jumping off point for the presidential election each year, and is an important event both from a national perspective, but also from a state perspective. New Hampshire can often surprise the nation in these primaries in terms of who ultimately wins, but the tradition is an important one for our state.

                It is an important part of any citizen’s duty to vote in this country. At Parnell, Michels & McKay we always encourage community involvement, and have a passion for our local community. Voting is just one of the many ways you can go out and be involved in your community and have your voice heard. Moreover, voting is part of our national fabric and everyone having an equal voice is something the founding fathers of our country were proud of.

                So, no matter when you do it, if you are eligible to vote, get out and vote today and do your civic duty and vote!

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.