New Hampshire Personal Injury Questions & Answers
Q: What are some instances that a police officer who hit my car wouldn't qualify for government immunity in a lawsuit?
Joseph Kelly Levasseur's answer
Instead, how about just telling us the facts of the incident instead of us coming up with scenarios.
Instead, how about just telling us the facts of the incident instead of us coming up with scenarios.
Q: Lent a person money who claimed I would make a profit on the deal and now he’s refusing to pay back
Joseph Kelly Levasseur's answer
This is not a personal injury case-this is a breach of contract issue for you to resolve. It's a lot of money and hopefully you have something in writing that evidences the loan, and some time frame i which it was to be paid back. You should speak to an attorney about this.
This is not a personal injury case-this is a breach of contract issue for you to resolve. It's a lot of money and hopefully you have something in writing that evidences the loan, and some time frame i which it was to be paid back. You should speak to an attorney about this.
Q: Can I sue the landlord of a building where one of the tenant's dogs bit me?
Joseph Kelly Levasseur's answer
Good question and depends on the facts. Check the Lease and look at what it states in regard to dogs. If no dogs are allowed and he lets dog(s) live with the tenant it could be a violation of the Lease, and may make him culpable. If the landlord has known this dog has been biting other people or been very aggressive, and you can prove the landlord knew or should have known about the propensities of the dog, and the landlord nothing about it, then you may also have grounds for a case. Good...
Good question and depends on the facts. Check the Lease and look at what it states in regard to dogs. If no dogs are allowed and he lets dog(s) live with the tenant it could be a violation of the Lease, and may make him culpable. If the landlord has known this dog has been biting other people or been very aggressive, and you can prove the landlord knew or should have known about the propensities of the dog, and the landlord nothing about it, then you may also have grounds for a case. Good...
Q: Another child pushed my son at preschool and the fall knocked his tooth out.
Peter N. Munsing's answer
Generally no as kids do that, unless this kid is some type of known menace. Even then it will take a lot to show he was known to be dangerous.
Generally no as kids do that, unless this kid is some type of known menace. Even then it will take a lot to show he was known to be dangerous.
Q: I slipped, fell, and hit my head outside my local cafe because they didn't properly shovel the snow last January.
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.
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: can a non profit enforce a waiver of liability against participants resulting in injury activities run by the non profit
1 Answer
| Asked
in
Civil Litigation and Personal Injury
for
New Hampshire
on
Answered on Jan 26, 2018
Answered on Jan 26, 2018
Robert S. Stephen's answer
Waivers can be enforceable but it depends on many factors including who signed it, their age, what is being waived, how long before the event it was signed etc....the only way to properly have it analyzed is to bring the waiver to an attorney promptly and remember there are strict time limits you need to keep in mind. Good luck.
Waivers can be enforceable but it depends on many factors including who signed it, their age, what is being waived, how long before the event it was signed etc....the only way to properly have it analyzed is to bring the waiver to an attorney promptly and remember there are strict time limits you need to keep in mind. Good luck.
Q: What do I do if I am injured on the clock, then beg for safety issues to be fixed, then instead I get fired?
1 Answer
| Asked
in
Employment Law and Personal Injury
for
New Hampshire
on
Answered on Jan 15, 2018
Answered on Jan 15, 2018
Joseph Kelly Levasseur's answer
This is a complex issue that needs to be worked on with an employment attorney. You may have a suit for wrongful termination based on a public policy claim, but the facts need to be looked at more closely to make that determination. She can' deny your unemployment claim, but you can simply appeal and get a hearing. Under these facts it sounds like you have a good shot of winning. As far as vacation time, all you need to do is call the department of labor and they can handle that issue for you,...
This is a complex issue that needs to be worked on with an employment attorney. You may have a suit for wrongful termination based on a public policy claim, but the facts need to be looked at more closely to make that determination. She can' deny your unemployment claim, but you can simply appeal and get a hearing. Under these facts it sounds like you have a good shot of winning. As far as vacation time, all you need to do is call the department of labor and they can handle that issue for you,...
Q: when i return to work from workmans comp do i get the my same positon i had when i left?. i live in newhampshire thank
1 Answer
| Asked
in
Personal Injury, Employment Law and Workers' Compensation
for
New Hampshire
on
Answered on Jan 3, 2018
Answered on Jan 3, 2018
Peter N. Munsing's answer
If you had a reduction in pay due to being out comp has to make that up. But contact a member of the NH Assn for Justice because they give free consults and you want to know what to do to protect yourself
If you had a reduction in pay due to being out comp has to make that up. But contact a member of the NH Assn for Justice because they give free consults and you want to know what to do to protect yourself
Q: I fell on black ice in my employer's parking lot reporting to work and fractured my patella. Is that WC or civil?
1 Answer
| Asked
in
Personal Injury and Workers' Compensation
for
New Hampshire
on
Answered on Dec 8, 2017
Answered on Dec 8, 2017
Joseph Kelly Levasseur's answer
This is a great question and there is much case law interpreting the issue both ways. If you were reporting to work but had not punched in yet it may be considered a personal injury because you had not started work yet, but if you were coming back from lunch or a break it could be considered workman's comp. The best way to get the answer is to file a workman's comp claim and see if it gets denied by the employers insurance carrier, then you can appeal to see how the appeals board will rule....
This is a great question and there is much case law interpreting the issue both ways. If you were reporting to work but had not punched in yet it may be considered a personal injury because you had not started work yet, but if you were coming back from lunch or a break it could be considered workman's comp. The best way to get the answer is to file a workman's comp claim and see if it gets denied by the employers insurance carrier, then you can appeal to see how the appeals board will rule....
Q: Can I sue school for wrongly implying that I bullied someone?
1 Answer
| Asked
in
Education Law, Personal Injury, Internet Law and Libel & Slander
for
New Hampshire
on
Answered on Dec 8, 2017
Answered on Dec 8, 2017
Joseph Kelly Levasseur's answer
I don't see enough facts in this scenario to justify a lawsuit unless there is more, a good place to get someone in the school ranks to help you with any problems you may have may start with filing a complaint to your superintendent or to the person representing your district on the school board.
I don't see enough facts in this scenario to justify a lawsuit unless there is more, a good place to get someone in the school ranks to help you with any problems you may have may start with filing a complaint to your superintendent or to the person representing your district on the school board.
Q: Will I lose my workers comp case if I have surgery before it has been approved?
1 Answer
| Asked
in
Personal Injury and Workers' Compensation
for
New Hampshire
on
Answered on Jun 22, 2017
Answered on Jun 22, 2017
Peter N. Munsing's answer
Don't see that you would but a serious injury like that with possible scar tissue in the future you should have an attorney who handles comp, and you should ask them. If you don't, look for a member of the NH Assn for Justice who handles comp--they give free consults.
Don't see that you would but a serious injury like that with possible scar tissue in the future you should have an attorney who handles comp, and you should ask them. If you don't, look for a member of the NH Assn for Justice who handles comp--they give free consults.
Q: The doctors gave me narcan and thought I overdosed when i have never done any opiates....can i sue?
1 Answer
| Asked
in
Personal Injury, Health Care Law and Medical Malpractice
for
New Hampshire
on
Answered on Feb 22, 2017
Answered on Feb 22, 2017
Peter N. Munsing's answer
If something bad happened by their not doing wha they should have possibly. Consult a member of the NH Assn for Justice--they give free consults.
If something bad happened by their not doing wha they should have possibly. Consult a member of the NH Assn for Justice--they give free consults.
Q: If my daughter and her friend take car without permission, who would face criminal charges, driver or both?
1 Answer
| Asked
in
Car Accidents, Criminal Law and Personal Injury
for
New Hampshire
on
Answered on Feb 14, 2017
Answered on Feb 14, 2017
Peter N. Munsing's answer
Your daughter might if she gave the keys. However the problem you may have is they probably didn't intend to steal it--just to take it without permission, which is likely a misdemeanor. I would argue the driver is repsonsible at least for herbills, possibly your daughters. If drivers parents have insurance you can try claiming on that.
Your daughter might if she gave the keys. However the problem you may have is they probably didn't intend to steal it--just to take it without permission, which is likely a misdemeanor. I would argue the driver is repsonsible at least for herbills, possibly your daughters. If drivers parents have insurance you can try claiming on that.
Q: what can I do about my son being assaulted at school?
2 Answers
| Asked
in
Criminal Law, Juvenile Law and Personal Injury
for
New Hampshire
on
Answered on Oct 7, 2016
Answered on Oct 7, 2016
Dennis Hernandez's answer
I would refer to an attorney for a consultation. Situations like this can be delicate, but if you feel that your son's rights have been violated, then you have the ability to dig further into the situation.
Best of luck
I would refer to an attorney for a consultation. Situations like this can be delicate, but if you feel that your son's rights have been violated, then you have the ability to dig further into the situation.
Best of luck
Q: Hello my name is Hannah. I need to find an attorney for a lawsuit against the courts for allowing my father to molest me
1 Answer
| Asked
in
Personal Injury and Sexual Harassment
for
New Hampshire
on
Answered on Aug 22, 2016
Answered on Aug 22, 2016
Peter N. Munsing's answer
It's not as easy as it looks. You would not be suing the Court directly but likely child protective services.Look for an attorney who has been involved in one of the church molestation cases.Russ Rilee of Bedford would be one. He works with attorney Charles Capace of Boston. Try them.
It's not as easy as it looks. You would not be suing the Court directly but likely child protective services.Look for an attorney who has been involved in one of the church molestation cases.Russ Rilee of Bedford would be one. He works with attorney Charles Capace of Boston. Try them.
Q: Can I sue college for inhabitable dorm conditions?
1 Answer
| Asked
in
Education Law, Landlord - Tenant and Personal Injury
for
New Hampshire
on
Answered on Mar 10, 2016
Answered on Mar 10, 2016
Israel Piedra's answer
Yes, you most likely could. All lessees of real estate, including students in dorms, have a right to the quiet enjoyment of their residences.
Now, as a practical matter lawsuits are very expensive. It could easily cost $2,000 just to file such a lawsuit. If it went all the way to trial, that cost could rise to $10,000 or more. Therefore, many people would seek alternative means of resolving the issue, such as dealing with the housing administration at the college directly, or...
Yes, you most likely could. All lessees of real estate, including students in dorms, have a right to the quiet enjoyment of their residences.
Now, as a practical matter lawsuits are very expensive. It could easily cost $2,000 just to file such a lawsuit. If it went all the way to trial, that cost could rise to $10,000 or more. Therefore, many people would seek alternative means of resolving the issue, such as dealing with the housing administration at the college directly, or...
Q: How much monies should I recieve on my civil lawsuit against nashau pd.
Adam Studnicki's answer
It depends on the nature and extent of your damages, as well as liability issues. Talk to a local injury lawyer for advice.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and...
It depends on the nature and extent of your damages, as well as liability issues. Talk to a local injury lawyer for advice.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and...
Q: Can you define strict liability for me, as it pertains to the details below?
Terrence Rubino's answer
"strict liability" is a term that is used for products liability. it sounds as though the hunter is claiming that the tree stand was a product and was defective. this is a different concept from alleging that someone was negligent ( did not use reasonable care) and that caused the injury. hope this helps.
"strict liability" is a term that is used for products liability. it sounds as though the hunter is claiming that the tree stand was a product and was defective. this is a different concept from alleging that someone was negligent ( did not use reasonable care) and that caused the injury. hope this helps.
Q: Should i care about the costs of going to a trial in a personal injury case? i'm plaintiff. contract is 33% or 40%
Mark A. Siesel's answer
Absolutely you should care. The cost of expert testimony could be several thousand dollars. Although your attorney may advance the cost of the expert fees, ultimately, when the case is over, you could be paying all or a large percentage of those costs. I would recommend reviewing your retainer carefully and speaking with your attorney.
Absolutely you should care. The cost of expert testimony could be several thousand dollars. Although your attorney may advance the cost of the expert fees, ultimately, when the case is over, you could be paying all or a large percentage of those costs. I would recommend reviewing your retainer carefully and speaking with your attorney.
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