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New Hampshire Questions & Answers
1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for New Hampshire on
Q: Can the mental hospital that released a patient days before he murdered my grandmother, be held liable?

In 1964 my great grandmother was shot and killed by a man who was having a psychotic episode that included hallucinations. He had been released from a mental hospital just a few days before. This happened in New Hampshire. Can the hospital be held liable for prematurely releasing him?

Michael Jonathan Sabbeth
Michael Jonathan Sabbeth
answered on Jan 21, 2023

Unfortunately, the short answer is no. That is because of the statute of limitations. In other words, it's too late to bring a case as this happened almost 60 years ago.

If you were within the statute of limitations, this would have been a case worth investigating. If the hospital...
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1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for New Hampshire on
Q: What are the legal options to sue an individual for non-repayment of a personal loan in excess of $20,000.00
William J. Amann
PREMIUM
William J. Amann
answered on Jan 7, 2023

A suit can be brought in state district or superior court given the $20,000 amount. There could be other factors, such as whether a federal question is involved but I doubt it given your description.

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Am I allowed to fire my public defender and hire a paid attorney to take over my case?

How would I go about doing that?

Leonard D. Harden
Leonard D. Harden
answered on Dec 19, 2022

You can fire any attorney. You would need to notify your lawyer and inform them you are unsatisfied with service and would like them to withdraw. If you have hired another lawyer the newly hired lawyer can contact the existing lawyer. It is routine that people are unhappy with their lawyer for... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: What is the law in New Hampshire regarding extradition? For example if someone has a warrant out of PA, & is picked up.

If the warrant is for a FTA out of PA & they pick u up for that & hold you in jail until you go to court for an extradition hearing what can someone expect to happen?

Leonard D. Harden
Leonard D. Harden
answered on Dec 6, 2022

It depends on the warrant. The Extradition Clause in the US Constitution requires states, upon demand of another state, to deliver a fugitive from justice who has committed a "treason, felony or other crime" to the state from which the fugitive has fled. The state that issued the... Read more »

2 Answers | Asked in Personal Injury for New Hampshire on
Q: Can a judge file a civil lawsuit(not in their official capacity)against a party in the same jurisdiction the judge works
Robert S. Stephen
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Robert S. Stephen
answered on Nov 30, 2022

In New Hampshire, if the judge is not a full time judge (i.e. a per diem judge), he or she may practice law and can file lawsuits on behalf of a client. The rules would require the judge not to practice in the division of the court that he or she serves in. Therefore, for example, a per diem or... Read more »

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1 Answer | Asked in Civil Litigation and Education Law for New Hampshire on
Q: Is there any violation of HIPAA or ferpa law if a 504 plan on child is announced to all students?

A teacher announced that my daughter is on a 504 care plan in her classroom and also said that “she is falling behind and that she needs to speak to her 504 plan case manager because she is recommended to go to Saturday school to catch up” verbatim. Is this against any HIPAA or ferpa or any... Read more »

William J. Amann
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William J. Amann
answered on Nov 29, 2022

It certainly sounds like it, particularly if that was "announced".

1 Answer | Asked in Divorce and Insurance Bad Faith for New Hampshire on
Q: If a judge says I can stay on my husband's insurance after divorce, how can a federal insurance deny that?

My husband wants a divorce. But we are doing it amicably and he wants to keep me on his health insurance due to my health issues. He wants to have it written into the final papers. He has a federal health plan and spoke with someone the other day; the insurance says I cannot be on his insurance... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 27, 2022

A New Hampshire attorney could advise best, but your question remains open for three weeks. I can only speak for the insurance law-based attributes of your question, not the divorce-related ones. But as a general matter, courts do not usually have the power to change insurance policies. If the... Read more »

1 Answer | Asked in Uncategorized for New Hampshire on
Q: My dentist is charging me $350 for a copy of my dental scan
Tim Akpinar
Tim Akpinar
answered on Oct 25, 2022

A New Hampshire attorney could advise best, but your question remains open for two weeks. Do you or another dental office need the actual films? If not, you could ask about less expensive formats of the radiographs. Good luck

1 Answer | Asked in Construction Law for New Hampshire on
Q: What laws are being broken by a contractor, who takes a deposit and doesn't complete the work in several different towns

as well as taking an electrician's license number and putting his name on it.

Alexandra Brewer
Alexandra Brewer
answered on Sep 30, 2022

It depends. Each contract and situation will need to be evaluated on its own. Were you personally damaged by this contractor? In order to bring an action against someone, you would have to have standing (i.e. a party to the contract). Please feel free to contact me to discuss.

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Someone wants me to lease property across the street from my property and use my address is this legal
Alexandra Brewer
Alexandra Brewer
answered on Sep 30, 2022

Hi there. I would need a lot more information and a better understanding of your situation to determine the answer to your question. Please feel free to contact me to discuss.

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Can I sue for undisclosed well issues during purchase of my home?

We bought a house four years ago. As of recent, we have discovered serious issues with the well. We called the same plumber the previous owner used. He disclosed to us that the previous owner was aware of issues with the well since 2006. Nothing was disclosed to us at closing or at all. Can we sue?

Alexandra Brewer
Alexandra Brewer
answered on Sep 30, 2022

The short answer is, maybe. The purchase agreements, disclosure documents and other related documents would need to be reviewed to determine how best to proceed. Often time, the contract will require mediation first. A real estate attorney would be able to help you review these documents and... Read more »

2 Answers | Asked in Bankruptcy for New Hampshire on
Q: What will happened to my house if I claim bankruptcy? House payment are good. High credit card debt.
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 11, 2022

That depends largely on the value of the equity value remaining after the Mortgage debt(s) or liens (including taxes) that are against it. The federal exemptions allow you an exemption in that equity value of approx. $25,000. The value of the total is also usually reduced by about ten percent of... Read more »

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1 Answer | Asked in Bankruptcy and Tax Law for New Hampshire on
Q: Looking for information on student loan insolvency
William J. Amann
PREMIUM
William J. Amann
answered on Aug 26, 2022

Here's some basic information on student loans and Bankruptcy. My firm, Amann Burnett, PLLC, handles creditor and debtor side representation concerning student loans.

11 U.S.C. § 523(a)(8) excepts from discharge a student loan if requiring repayment "would impose an undue...
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1 Answer | Asked in Construction Law for New Hampshire on
Q: Is it legal for an LLC construction company to charge customers by the hour?
Alexandra Brewer
Alexandra Brewer
answered on Aug 19, 2022

Generally, a construction company or general contractor can charge by the hour and the terms and pricing are outlined in your contract. Some companies may be willing to negotiate a fixed price or a mix of the two. However, it is usually unlikely for a general contractor to charge by the hour as... Read more »

1 Answer | Asked in Consumer Law, Contracts, Copyright and Real Estate Law for New Hampshire on
Q: We have acquired this business, how to reserve patent
William J. Amann
PREMIUM
William J. Amann
answered on Jul 13, 2022

Thanks for your question. In order to answer fully, I'd need to know, at a minimum, terms of the business purchase and what you want to patent. I'd also need to review the business purchase documents. If you're interested in hiring my firm for this, please just let me know. Thank you.

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Is a License to Sell real estate of a deceased person necessary when someone has power of attorney for the deceased?
Alexandra Brewer
Alexandra Brewer
answered on Jul 13, 2022

First, not all power of attorney agreement will include the authority to sell property. Often if it does, it is applicable only while the donor is alive unless there was some sort of transfer of that right. Second, whether or not the property has already been transferred or disposed of would be an... Read more »

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: what is the NH statute of limitations of a private mtg w/a maturity date of 4/1/1998
Alexandra Brewer
Alexandra Brewer
answered on Jul 12, 2022

This really depends on your claim. In New Hampshire, undischarged mortgages that have been on record for more than 50 years become void unless prior to the 50 years the mortgagee or assignee state the mortgage is not discharged, and upon recording of such, the 50 years begins again. N.H. RSA... Read more »

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Can you pay a lien on a home and own the home if there is no mortgage?
Alexandra Brewer
Alexandra Brewer
answered on Jul 12, 2022

I would need a bit more information to thoroughly and thoughtfully answer this question. Having a lien on a property does not necessarily lead to ownership. A lienholder would need to foreclose or auction the property, if applicable, and the highest bidder would become the owner of the property.... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for New Hampshire on
Q: What can I report a town resident for going through a "road closed" sign?

I work for a town municipal department in New Hampshire and we're (public works dept.) having trouble with some residents going through our road closed sign. Our signs are properly placed out from another. We have a "road closed ahead" at each entrance into the road and our... Read more »

Leonard D. Harden
Leonard D. Harden
answered on Jun 15, 2022

Thanks for posting your question. I represent only folks charged with a crime so I would do not actually bring any charges. However, in the past I have represented citizens that have been charged for entering a closed road with various violations.

I would think that your local PD would be...
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1 Answer | Asked in Car Accidents for New Hampshire on
Q: Someone opened their door on a busy road and their door hooked on my rear passenger side and damaged my vehicle.

They damaged my back and I don't want to have to pay my deductible to get it fixed because it's not my fault. Is there anyway to avoid the deductible? She does not have insurance

Tim Akpinar
Tim Akpinar
answered on Jun 13, 2022

A New Hampshire attorney could advise best, but your question remains open for two weeks. Many jurisdictions have traffic laws placing the responsibility on the occupants of the parked car in opening a door into traffic. Only a local attorney could advise there. However, as a general matter... Read more »

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