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. 

Fake Reviews!

The internet is both a wonder and nuisance. Over the past few months a flurry of New Hampshire attorneys and law firms have been “one star” reviews on Google regarding the quality of their service. Some of the reviews are blank like ours, but often the reviews are filled with diatribes calling the firm “backward”, “hillbillies”, or just plain “stupid”.

It is our belief that these reviews are possibly being left by a disgruntled client of a New Hampshire law firm at some point in time, or worse yet, a competing law firm in New Hampshire. This person is creating several “burner” accounts that fit a similar profile described above that either adopt nonsensical names or take the names of other New Hampshire attorneys.

The following profiles are just one of numerous, similar profiles:

https://www.google.com/maps/contrib/114123896868823530171/reviews/@28.8316611,-155.0579163,3z?hl=en-US

https://www.google.com/maps/contrib/115401134572649511482/reviews/@42.92534,-71.4291695,10z?hl=en-US

https://www.google.com/maps/contrib/100395689712781111375/reviews/@42.5199542,-70.8268523,9z?hl=en-US

https://www.google.com/maps/contrib/110329191350571731326/reviews/@42.7778522,-71.2315895,15z/data=!3m1!4b1!4m3!8m2!3m1!1e1?hl=en-US

https://www.google.com/maps/contrib/118105542659935679416/reviews/@43.0625504,-71.3747556,9z/data=!3m1!4b1!4m3!8m2!3m1!1e1?hl=en-US

https://www.google.com/maps/contrib/108586059615071393640/reviews/@42.9262141,-71.3659376,10z?hl=en-US

https://www.google.com/maps/contrib/110641792260016494779/reviews/@42.9476263,-71.2994511,10z?hl=en-US

We could continue listing the countless burner accounts, but we believe you readers will get the point. We are more than willing to accept and address any true and honest criticism; however, we feel compelled to answer false criticism. We hope this serves as a cautionary tale of doing your research on the internet.

If you face false criticism, you can seek an injunction and order to have the reviews taken down if they are defamatory in nature.

The attorneys at Parnell, Michels & McKay seek to advise people through the toughest moments in their lives by providing understandable legal advice and guidance to their clients. If you are having a currently dealing with a legal problem, or you have pressing legal concerns, please contact us today!

Co-Parenting Dos and Don'ts

            Several months ago, this blog discussed the value of good co-parenting. All too often, the media plagues its consumers with disheartening narratives like the vindictive ex-wife or the deadbeat dad. Unquestionably, Family Law is a field bursting with deep-seated emotions. The most important thing for any parent is their child. Parents want to make sure their kids are safe and secure, both financially and physically. Parents want to ensure their children grow up healthy, happy and successful. They want a better life for their children. In fact, what is often lost in the media’s tropes are the impact such narratives have on children. These tropes can arise from toxic co-parenting. A consistent and constant problem in a number of cases before New Hampshire’s Family Courts arises from parents’ inability to effectively cooperate with one another, where their old romantic issues bleed into the raising of their children.

            While lawyers should never pretend to be trained psychologists or family therapists, clients rely on us to tell them what the “right” thing to do is. However, what is “right” can take on several different meanings, which is often dependent on the client’s perspective. There are a few areas a client must consider: their legal rights and the practical outcome from the exercise of those rights. At Parnell, Michels & McKay, our attorneys always counsel our clients to try and work out their issues with their exes before filing in Court. In particular, while counseling on the legal implications and choices in front of a client, we turn that client’s focus to the importance of co-parenting. However, what is “good” co-parenting?

Several years ago, Psychology Today wrote an article that contained a “Do and Don’t” styled checklist to establish good co-parenting. While the “Do” items on that checklist are certainly useful, the most important information comes from the “Don’t” section. Specifically, the last item titled, “Don’t Accuse. Discuss”. Many co-parenting relationships break down because the other partner is focused on what they want for their child without first addressing the other parent’s position. Often, the parenting devolves into what one parent wants to see from the other parent in the name of “the good of their child”. A good co-parenting tree starts from the seed of effective communication. While you may have a problem with the other parent’s style of parenting, how that issue is addressed often makes the difference between well-functioning co-parents and toxic co-parenting. Certainly, there may be times where the parties cannot agree and they have a reasonable basis for it. However, even if the matter ends up in Court, both parents have to be willing to listen to the other parent going forward on their disagreement, because that decision alone sets a good example for their children.

Before you consider filing a motion against your ex-partner, it would be wise to consult with an attorney who can provide you with both the legal and practical advice. The family law attorneys at Parnell, Michels & McKay are well-versed in providing such a two-pronged approach when dealing with family matters. We seek to advise people through the emotional mountains and valleys that come with a family law dispute. If you are interested in learning more about parenting plans, divorce, child support, or any other legal worries, please contact us to learn more. We can help you get you back to parenting in normalcy.   

Non-Traditional Injury Cases: Trip and Falls and Product Liability

                Most injury cases that are handled by personal injury attorneys are auto accident cases. Auto accidents are by far the most common, as driving a car comes with significant inherent risks. The same can be said for riding a motorcycle or a bicycle, and the injuries from this accidents can be devastating. However, there are many other types of cases like slip and falls, trip and falls, dog bites, and other incidents that lead to injuries.

                While we have addressed slip and falls and our strategy in approaching them, the trip and fall case is often confused with a slip and fall. A trip and fall generally comes as a result of some unknown invisible defect that causes a person to trip and fall, or dangerously constructed stair way or walkway that does the same. In order to property handle such cases, it is very important to first focus on building codes and other potential violations of the appropriate standard of care. This involves a very specific way of discovering the date the building where the incident was built, the date any modifications were approved, and the building codes in effect at the time of the fall. Other factors to look at include site views, pictures of the scene of the fall, and checking out whether past injuries have occurred there.

                Other types of cases can include product liability cases where a product is defective. Product liability generally includes three types of cases. A defect in the design of the product itself; a defect in created in the manufacturing of the product; and/or a defect in the warning on the product. A design defect is where the design itself of the product is problematic. A manufacturing defect is where the design is acceptable, but during manufacturing something went wrong and the product was faulty. The final type includes a failure to warn the person properly of the dangerous nature of the product itself. While easy to understand in the abstract, these can be difficult cases to prove, so professional representation is always recommended.

                At Parnell, Michels & McKay, we handle all forms of personal injury cases. Often, we are required to use our extensive combined experience to pursue these claims in an efficient and knowledgeable manner. It is important that if you find yourself experienced counsel to handle your injury cases, so contact us today and put our advanced knowledge to use on your behalf.  

New Hampshire Celebrates 100 years of Women Practicing Law in NH!

What an incredible celebration last week: 100 years of women practicing law in New Hampshire!! There were many speakers, all of whom discussed the impact women have had on the bar in New Hampshire, and all the great things they have done in the last 100 years. 

Check out the video! https://www.youtube.com/watch?v=IH4LBLvsEys

Woodmont Commons Groundbreaking

                Yesterday, the groundbreaking ceremony for the Woodmont Commons project was held at the old Woodmont Orchard building on Pillsbury Road in Londonderry, New Hampshire. The main roadway giving access to the Commons was named Michels Way, after the late John Michels who was Nancy Michels partner and late husband. Governor Sununu, Mayor Ted Gatsas of Manchester, Kevin Smith (Londonderry Town Manager), and Christopher Pappas of the Executive Council all joined Nancy to celebrate this seminal achievement of both the community at large and of John Michels hard work in getting the initial stages of the project moving forward.

                The project is a modern development that will provide walking access to businesses, retail stores, restaurants and other amenities. The plan involves a production brewery to be installed as well, and will dovetail with the Exit 4A project that should be completed in 2021, and provide greater access to the Londonderry/Derry Communities. You can read more about it here.

                Parnell, Michels & McKay is happy to continue their involvement in the project and in support thereof. More than anything, it was fantastic to see John Michels being honored for his tireless dedication to the Woodmont Commons project, and bringing Londonderry into the forefront of modern New Hampshire towns. The Union Leader provided coverage of the ceremony, including Nancy Michels being able to take part in the official ceremony with the Governor and other important New Hampshire Figures.

                We look forward to continuing to serve the community of Southern New Hampshire, and helping assist the Woodmont Commons project moving forward. As always, our firm is ready to help out those in the community with their legal needs. 

Personal Injuries: Maximizing Settlement Value

            Personal Injury cases are often unfortunate events that happen to good people. This can affect someone’s ability to work, their daily lives, and can have devastating effects on a person. However, it is often confusing to most people how we look at cases and how we value them. The hope is always that the injured person can recover, and get back to 100% of their previous health. Sometimes, there is no getting back to 100%, which is an awful situation to be in. In either scenario, your doctors will tell you when you are no longer expected to improve. This is called reaching “maximum medical improvement”. At this point, it is time to try to evaluate the claim you have and find out what settlement you should take.   

            The bulk of your claim is made up of the costs of your medical treatment. Typically, if you get back to 100%, this will only include your past medical treatment. If you find yourself permanently injured, then future medical expenses are included in the compensation, as is a potential permanent impairment. Other expenses that an injured party is entitled to compensation for are past and future lost income, mileage you incurred medical appointments, and pain and suffering. All of these things can sometimes be difficult to value. Insurance adjusters know this, and if an injured party does not have experienced counsel, they leverage this uncertainty into a lower settlement. This is unfortunate, but this is the reality of the way our system works. Having an experienced injury attorney is integral to getting the best result, and maximizing your available benefits.

That is why at Parnell, Michels & McKay we have utilized a time-tested system to accurately calculate for all of these uncertain expenses. We know how insurance companies evaluate your file, and we have extensive experience getting our clients the settlements that accurately account for their loss. We also have experience trying jury cases, and with that knowledge, we can advise our clients on what a jury of your peers would likely decide, and how that affects the decision you make on settling.

If you find yourself injured, contact Parnell, Michels & McKay today and find out how we have helped secure millions of dollars in compensation for our clients.