Questions Answered by Israel Piedra

Q: I slipped, fell, and hit my head outside my local cafe because they didn't properly shovel the snow last January.

2 Answers | Asked in Personal Injury for New Hampshire on
Answered on Apr 20, 2018
Israel Piedra's answer
The short answer is: anyone can sue anyone for anything. The longer answer: you would need to show that your injury is a result of negligence in order to prevail. You should speak with an attorney. Most attorneys would only be willing to take on your case on a contingency fee basis if the injuries/medical bills were relatively substantial.

Q: If you lose an appeal can you appeal again?

1 Answer | Asked in Appeals / Appellate Law for New Hampshire on
Answered on Mar 9, 2018
Israel Piedra's answer
Most likely, no.

Q: Can I immediately file for an annulment OR divorce in New Hampshire by moving there and/OR establishing residency there?

2 Answers | Asked in Child Custody, Divorce and Family Law for New Hampshire on
Answered on Aug 8, 2017
Israel Piedra's answer
One of the following must apply to file for divorce in New Hampshire: 1) both parties live in New Hampshire, 2) the petitioner (the spouse starting the divorce action) has lived in New Hampshire for one year, or 3) the petitioner lives in New Hampshire and their spouse can be served with divorce papers in New Hampshire.

Q: My husband is in need of surgery for a golf ball size tumor is being sent to Boston. We just found out about this tumor

1 Answer | Asked in Health Care Law and Medical Malpractice for New Hampshire on
Answered on Aug 2, 2017
Israel Piedra's answer
Yes. You should certainly talk to an attorney. This is a possible case of medical malpractice, though of course a lot more investigation is necessary.

Q: I am the Defendant in a small claims action filled by a person in Hampton NH for work I performed on a garage, convertin

1 Answer | Asked in Small Claims for New Hampshire on
Answered on Mar 2, 2017
Israel Piedra's answer
Even if everything you state above is true, you still need to prove it in court. If it's a significant amount of money, it may be worth hiring an attorney.

Q: Can a medical doctor create a corporation with a physical therapist in New Hampshire?

1 Answer | Asked in Business Formation for New Hampshire on
Answered on Feb 22, 2017
Israel Piedra's answer
The medical doctor may wish to check with a licensing board to see if it would violate any professional or ethical rules.

Q: Can I sure the hospital for giving me narcan when I have never done any opiates? I had a concussion & brain hemmorging.

1 Answer | Asked in Medical Malpractice for New Hampshire on
Answered on Feb 22, 2017
Israel Piedra's answer
Call an experienced malpractice lawyer if you think you may have a claim. Abramson, Brown & Dugan in Manchester have a reputation as the best in the state for medical malpractice.

Q: What are some reasons why an appellate court might not agree to hear an appeal of a personal injury case (premises

1 Answer | Asked in Appeals / Appellate Law for New Hampshire on
Answered on Feb 15, 2017
Israel Piedra's answer
If you're talking about the New Hampshire Supreme Court, most appeals (including personal injury cases) would be "mandatory," i.e., the Supreme Court would always accept the appeal, assuming the correct procedures are followed. The Court might not hold oral argument in every case, but they would accept the case and issue a decision.

Q: Is passing a parked school bus in a parking lot a violation?

1 Answer | Asked in Traffic Tickets for New Hampshire on
Answered on Jan 3, 2017
Israel Piedra's answer
Tell this to the judge. Sounds like you have a pretty good argument.

Q: What is the statute of limitations for filing CRIMINAL charges against the adult molester of a child 10 or younger?

1 Answer | Asked in Criminal Law for New Hampshire on
Answered on Dec 8, 2016
Israel Piedra's answer
For criminal actions, the statute does not expire until 22 years after the victim's 18th birthday. (RSA 625:8)

A civil action may be brought within 12 years of the victim's 18th birthday (RSA 508:4-g)

Q: how do you appeal a final decision from dover new hampshire district court

1 Answer | Asked in Appeals / Appellate Law for New Hampshire on
Answered on Oct 9, 2016
Israel Piedra's answer
Typically, you would file a motion to reconsider first in the district court, within 10 days of the district court's final decision.

You have 30 days from the date of the district court's decision to the Supreme Court. An attorney can help you determine whether you have any appeallable issues. Typically, fact determinations will not be overturned on appeal, only issues of law. You must have "preserved" any appeallable issues either at trial or via a motion to reconsider.

Q: My husband helped someone move and now they are saying he broke something. Do we have to pay? He says he didn't break it

2 Answers | Asked in Small Claims and Contracts for New Hampshire on
Answered on Sep 28, 2016
Israel Piedra's answer
He doesn't HAVE to pay anything until a Court orders him to. If the A/C is really that old, it's probably not worth much and I find it unlikely that someone would file a lawsuit (and pay a filing fee) for such a small amount. Even if they did file a lawsuit, they'd need to prove negligence or some other reason your husband is liable for the cost of the A/C.

Q: I am a grandmother who has been denied any kind of contact with my grandchildren for the past 10 yrs.

1 Answer | Asked in Family Law for New Hampshire on
Answered on Aug 3, 2016
Israel Piedra's answer
You should consult with a Connecticut attorney or post on the Connecticut board. In New Hampshire, grandparents can petition the court for visitation rights:

Q: What steps need to be taken after a Power of Attorney is revoked to get personal property and money back.

1 Answer | Asked in Civil Litigation and Elder Law for New Hampshire on
Answered on Jul 6, 2016
Israel Piedra's answer
You should act quickly to protect your uncle's rights. You likely have claims against the cousin for breach of fiduciary duty, among other things. Your legal options will vary greatly depending on the facts. Speak to a civil litigation attorney as soon as possible.

Q: How can I estimate how much of a settlement I might get in my divorce ?

1 Answer | Asked in Divorce for New Hampshire on
Answered on Jul 5, 2016
Israel Piedra's answer
It's impossible to estimate, but you can learn about what factors the court will consider. My firm recently did a blog post on this subject. Read more here:

Q: my friend assaulted me months ago and i chose not to press charges. today the officers came by to arrest her can they?

1 Answer | Asked in Criminal Law for New Hampshire on
Answered on Jun 13, 2016
Israel Piedra's answer
Yes. But you do not have to cooperate with the investigation or prosecution.

Q: Do step children automatically inherit parents assets equally with biological children in the case of no will?

1 Answer | Asked in Estate Planning and Probate for New Hampshire on
Answered on Jun 8, 2016
Israel Piedra's answer
Here's some more information about dying "intestate" (without a will).

I highly recommend you talk to an attorney in person. You have a unique situation and there's a chance your estate will not be distributed in a manner you intend.

Q: We are appealing a general sessions ruling in Circuit court. What do we need to do once the paperwork is filed

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Answered on Jun 6, 2016
Israel Piedra's answer
It depends what "paperwork" you are referring to. Call the clerk at the courthouse; they are usually very helpful to pro se litigants.

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