Common Car Accident Injuries Can Cause Long-Term Pain & Suffering

If you drive regularly, your chances of experiencing a car accident in your lifetime are 1 in 77. Car accidents are one of the most common causes of serious injuries in the United States. Any person who experiences a serious car accident and injury is entitled to compensation according to the law. Many car accident victims receive settlements for the cost of medical bills, lost wages, future loss of wages, ongoing medical treatment, and pain and suffering. Here, we’re going to discuss the most common car accident injuries and the long-term impact they can have on your life.

Head Injuries

The most common type of head injuries caused by car accidents are Traumatic Brain Injuries (TBI). Minor TBIs affect your brain temporarily and cause side effects such as headaches, migraines, and short-term memory loss. Major TBIs, however, are more severe and have the potential to cause long-term brain damage and even death. Symptoms of TBIs include:

• Nausea & vomiting

• Fatigue

• Inability to speak (slurred speech)

• Disrupted sleep patterns

• Dizziness

• …and more

If you hit your head during a car accident, you should seek medical treatment as soon as possible to rule out a traumatic brain injury.

Broken Bones

Broken bones are one of the most common injuries associated with car accidents. From minor fractures to compression breaks and even compound fractures, the complications associated with broken bones are endless. Some people who experience broken bones from car accidents suffer for the rest of their life from pain, loss of use, or even loss of limb. If a broken bone impedes your ability to work after your car accident, you can fight for compensation to replace your lost income.

Whiplash

Although many people believe whiplash is a minor, common injury, it can be severe. Side-effects of whiplash include:

• Loss of range of motion

• Headaches or migraines

• Chronic back pain

Whiplash is extremely painful and frequently requires long-term treatment from a physical therapist or chiropractor. Some car accident victims who experience whiplash do not feel relief from their pain for months.

PTSD

Post Traumatic Stress Disorder (PTSD) is a common, serious, non-physical car accident injury that can cause long-term pain and suffering. Symptoms of PTSD include:

• Flashbacks

• Unexplained fears

• Heightened anxiety

• Stress

• Night terrors

• Mood swings

• Depression

• …and more

Car accident victims who experience PTSD should see a therapist for treatment as well as their medical doctor. PTSD is extremely serious and requires a comprehensive, long-term treatment plan to keep symptoms and side-effects at bay.

You Are Entitled To Compensation For Your Car Accident Injuries

If you’ve been the victim of a car accident, you should not have to suffer because of someone else’s negligence. An experienced attorney can help you fight your case and win you the compensation you deserve.

In New Hampshire, a trusted source of car accident representation is Patch & FitzGerald Attorneys at Law. Our team has decades of experience fighting and winning cases for people just like you. To schedule a free consultation, call 603-647-2600 or contact us online today.

Common Car Accident Injuries Can Cause Long-Term Pain & Suffering

If you drive regularly, your chances of experiencing a car accident in your lifetime are 1 in 77. Car accidents are one of the most common causes of serious injuries in the United States. Any person who experiences a serious car accident and injury is entitled to compensation according to the law. Many car accident victims receive settlements for the cost of medical bills, lost wages, future loss of wages, ongoing medical treatment, and pain and suffering. Here, we’re going to discuss the most common car accident injuries and the long-term impact they can have on your life.

Head Injuries

The most common type of head injuries caused by car accidents are Traumatic Brain Injuries (TBI). Minor TBIs affect your brain temporarily and cause side effects such as headaches, migraines, and short-term memory loss. Major TBIs, however, are more severe and have the potential to cause long-term brain damage and even death. Symptoms of TBIs include:

• Nausea & vomiting

• Fatigue

• Inability to speak (slurred speech)

• Disrupted sleep patterns

• Dizziness

• …and more

If you hit your head during a car accident, you should seek medical treatment as soon as possible to rule out a traumatic brain injury.

Broken Bones

Broken bones are one of the most common injuries associated with car accidents. From minor fractures to compression breaks and even compound fractures, the complications associated with broken bones are endless. Some people who experience broken bones from car accidents suffer for the rest of their life from pain, loss of use, or even loss of limb. If a broken bone impedes your ability to work after your car accident, you can fight for compensation to replace your lost income.

Whiplash

Although many people believe whiplash is a minor, common injury, it can be severe. Side-effects of whiplash include:

• Loss of range of motion

• Headaches or migraines

• Chronic back pain

Whiplash is extremely painful and frequently requires long-term treatment from a physical therapist or chiropractor. Some car accident victims who experience whiplash do not feel relief from their pain for months.

PTSD

Post Traumatic Stress Disorder (PTSD) is a common, serious, non-physical car accident injury that can cause long-term pain and suffering. Symptoms of PTSD include:

• Flashbacks

• Unexplained fears

• Heightened anxiety

• Stress

• Night terrors

• Mood swings

• Depression

• …and more

Car accident victims who experience PTSD should see a therapist for treatment as well as their medical doctor. PTSD is extremely serious and requires a comprehensive, long-term treatment plan to keep symptoms and side-effects at bay.

You Are Entitled To Compensation For Your Car Accident Injuries

If you’ve been the victim of a car accident, you should not have to suffer because of someone else’s negligence. An experienced attorney can help you fight your case and win you the compensation you deserve.

In New Hampshire, a trusted source of car accident representation is Patch & FitzGerald Attorneys at Law. Our team has decades of experience fighting and winning cases for people just like you. To schedule a free consultation, call 603-647-2600 or contact us online today.

Can You Receive Compensation For A Car Accident Injury If You Don’t Have Insurance?

One of the biggest costs associated with driving and owning a car is auto insurance. Car insurance exists to protect the finances and livelihood of drivers if they are involved in an accident. Serious injuries can force a person to take time off work, lose pay, and miss important life events. Some injuries are so bad that the victim is unable to ever return to life as they knew it before their car accident.

There are measures in place to help car accident victims recover lost finances and receive compensation to help them mend their broken lives. If a person doesn’t have car insurance, however, can they still receive compensation? Here, we’ll find out.

New Hampshire Car Insurance Laws

Laws regarding car insurance vary from state to state. Most states require drivers to carry specific limits of liability and coverage on their automobile. New Hampshire is unique in the fact that it does not require drivers to carry auto insurance. However, if they choose not to carry auto insurance, residents of New Hampshire are required to cover the cost of property damage and bodily injury for accidents they cause.

It is always in a driver’s best interest to purchase auto insurance – even if they don’t believe they will get into a car accident. If an individual chooses to purchase auto insurance in New Hampshire, they must get the minimum limits of liability which are:

• $25,000 in bodily injury coverage per person

• $50,000 in bodily injury coverage per accident

• $25,000 in property damage coverage per accident

• $1,000 in medical payments per accident

Paying an insurance premium for a policy with these limits works to ensure that drivers will not have to pay for property damage or medical expenses of an accident they caused out of their own pockets.

No Pay No Play States

Some states including Louisiana, Michigan, Missouri, New Jersey, North Dakota, Alaska, California, Indiana, Iowa, Kansas, and Oregon are considered “No Pay No Play” states. Meaning, if a person does not carry auto insurance, they are not eligible to receive compensation for injuries from a car accident.

Due to the nature of New Hampshire’s laws, individuals who choose not to carry auto insurance do not have to worry about such situations. The most notable risk involved in not carrying car insurance is being forced to find a way to pay for the damages you caused in a car accident out of your own pocket.

In New Hampshire, the minimum limits of liability are also designed to protect you if the person responsible for the accident wasn’t carrying insurance and doesn’t have the money upfront to cover your medical bills.

Reliable Car Accident Attorneys Near You

If you were recently involved in a car accident in New Hampshire, there’s no better time than now to reach out to a trusted attorney. Our attorneys, claims administrators, and paralegals have one focus in mind: getting you the best settlement possible so that you can return to the business of living your life. Call Patch & FitzGerald if you have been injured and let us fight for you and your family.

NO FEE UNLESS YOU WIN!

You don’t have to suffer because of someone else’s negligence. Call our office at 603-647-2600 or contact us online today for a free consultation.

Tips For Deicing Your Car This Winter

During the winter, there are many dangers on the road and, believe it or not, one of them is your own vehicle. Too much ice and snow on your car is a recipe for road hazards, such as reduced visibility and flying debris. In many states across the US, you must completely deice your vehicle before driving. Before you hit the road this winter, take note of these top tips for deicing your car to help prevent accidents.

Start Early & Defrost Your Car

The key to getting the ice off of your car quickly and efficiently is defrosting your vehicle. It is best to allow at least 10-15 minutes before you need to leave for your car to defrost properly. According to the experts, defrosting your car includes three easy steps:

1. Turn on your heat using the defrost setting

2. Turn the air recirculation off

3. Crack your windows (as long as it’s not snowing or raining)

Following these three steps reduces moisture inside your car, warms it up, and melts the ice most efficiently.

Use A Plastic Or Rubber Scraper

When it comes to getting all of the ice off of your car, it can be tempting to use the strongest and sharpest tool possible. Metal scrapers and other tools like razors or ice picks, however, can scratch your windshield and are dangerous to use on cars. For the best results and the utmost safety, it is important to use a plastic or hard rubber ice scraper. If you’ve allowed enough time for your car to defrost, you should be able to gently remove the ice from your windshield without too much force.

Avoid Deicing Solutions

Although there are several recipes online for deicing solutions, it is in your best interest not to use them. When deicing solutions are used repetitively, they can cause long-term damage to your vehicle, including rust and paint chips. Likewise, pouring hot water directly on your car can cause your windows to crack or break. If you forget to defrost your car before you need to leave in the morning, the best course of action is to call ahead to wherever you need to be and let them know you will be late.

Completely Clean Your Car To Avoid Accidents & Tickets

No matter what steps you take to deice your vehicle, the most important thing is that you get it completely cleared of all ice and snow. This means there should be no ice remaining on your windshield, car windows, or mirrors. Likewise, there should be no snow on the hood, roof, or sides of your vehicle. It is also essential to check the area around your tires for ice and snow and clear any away before driving.

Since 2002, New Hampshire drivers have been legally required to clear snow and ice off their cars before getting on the road. Driver’s who violate the law face fines of $250 to $500 for a first offense and $500 to $1,000 for subsequent offenses.

3 Traffic Concerns Over Thanksgiving Weekend

Thanksgiving is one of the busiest weekends of the year. Across the country, people travel far and near to visit with family, see old friends, and score great shopping deals. Unfortunately, the busy weekend is also prime time for crime in many communities. Each year, thousands of people face traffic violations and arrests instead of eating turkey.

Here, we are going to take a look at the three most common problems that can happen over Thanksgiving weekend and how you can avoid them.

DUI

During family gatherings, people feast on turkey, pie, and plenty of drink over just a few hours. After the festivities are over, they take to the road and drive home – many of them with a BAC well over the legal limit. Over the past five years, over 800 people died due to drinking and driving accidents. This holiday, if you choose to partake in alcoholic beverages at your family gathering, make a choice not to drink and drive. Uber and taxis are always available to shuttle you home.

SPEEDING

Nearly 40 million drive to their family gatherings over Thanksgiving weekend. With so many people on the road, traffic violations will inevitably occur. One of the most common traffic violations is speeding, which causes many fatal accidents over the holiday. If you choose to drive to your Thanksgiving celebration, be sure to give yourself enough time to get there safely. Traveling at the proper speed will help your family, and many others have something to be thankful for.

Black Friday Shopping

Black Friday, the day after Thanksgiving, is the busiest shopping day of the year. On average, over 50 million people go shopping in stores on Black Friday. According to a National Safety Council poll found that “two-thirds – 66 percent – of drivers would make phone calls while driving through a parking lot, and 56 percent would text.” Distracted walking is also a serious safety issue. With the increase in traffic in and around parking lots and parking garages during the holiday shopping season, both drivers and pedestrians need to pay close attention. Slower speeds in parking lots do not mean you are safe.

Have A Safe & Happy Thanksgiving From Patch & FitzGerald

At Patch & FitzGerald, we want you and your family to have a happy holiday weekend. While you are traveling, we advise you to take every precaution to get to and from your destination safely. However, we know you can’t control the actions of others. Therefore, if you find yourself in an accident at no fault of your own this holiday weekend, you should know we are here for you.

For over thirty years, Attorney John FitzGerald has been helping the people of New Hampshire. We understand the intricacies of the personal injury process. We can help you win the settlement you deserve for your injuries, missed work, and pain and suffering.

Call us 603-647-2600 or contact us online today. Always a free initial consultation.

Overexertion and Workplace Injuries

Overexertion is engaging in excessive amounts of strenuous activity. If you feel more than tired at the end of the workday and your body is suffering, you may be suffering from overexertion.

Examples of Overexertion in the Workplace

Overexertion is one of the most common reasons for worker’s compensation claims. Although it can occur in any job, it is most common in situations that require extensive amounts of physical labor. The top fields for overexertion claims include:

• Construction

• Warehouse

• Retail

• Healthcare

• Trucking

Standing or sitting for long periods, along with lifting heavy objects and performing repetitive tasks, all put workers at-risk for overexertion injuries.

Injuries Caused By Overexertion

An employer should not require you to work until your body breaks down. If they do, severe injuries can occur. The most common overexertion injuries include:

• Sprains & strains

• Back injuries

• Neck injuries

• Shoulder injuries

• Leg injuries

• Knee injuries

• Hernias

Over time, overexertion can also cause injuries such as arthritis and carpal tunnel that require ongoing treatment. As soon as you experience an injury in the workplace related to overexertion, it is in your best interest to seek the advice of an experienced workers compensation attorney and medical treatment.

Preventing Overexertion Injuries

If you work on a job that requires extensive physical activity, there are measures you can take to avoid overexertion. Many employers provide their employees with the appropriate reprieve and tools to help alleviate pressure on their bodies. If your employer does not, inquire with the HR department about obtaining the proper allowances and equipment. Here are a few tips to avoid overexertion:

• Take frequent breaks

• Practice the proper lifting techniques

• Adjust your desk or chair to be ergonomically correct

• Regularly stretch your muscles

• Get the appropriate amount of sleep

• Fuel your body with healthy foods and water during the workday

• Talk to your employer when you feel overexerted

By following these simple tips and asking your employer to implement appropriate measures to avoid overexertion, you can prevent long-term pain and suffering.

File Your Workers Compensation Claim For Overexertion

According to the National Safety Council, overexertion causes 35% of all work-related injuries and is, by far, the largest contributor to workers’ compensation costs.  It also is the #1 reason for lost workdays.

If your doctor or medical provider believes that you’ve experienced an injury from overexertion in the workplace, it is time to file a worker’s compensation claim. The right attorney will be able to walk you through the claim process and ensure you are getting the services you deserve. Negotiations for worker’s comp claims can include payment for medical bills, compensation for time off work, and plans for ongoing medical treatment and recovery.

At Patch & FitzGerald, we put our clients first.  Attorney John FitzGerald has over 30 years of experience with workers’ compensation claims. He takes time to get to know you and your situation so we can provide the best solution. For a free case evaluation, call 603-647-2600 or contact us online today.

5 Ways To Prepare Your Vehicle For The Cold Weather

The winter months are quickly approaching and everyone knows that means one thing – cold weather. In New Hampshire, the temperatures regularly reach below freezing from December to February. Those types of temperatures are not only uncomfortable but can pose a serious threat to your vehicles as well. This winter, use these five tips to prepare your vehicle for cold weather and avoid being a hazard on the road.

1.  Check Your Tire Pressure and Treads

When it’s snowing and sleeting, driving is dangerous. One precaution you can take to avoid accidents is to make sure you have properly maintained tires. When it gets cold, tires typically deflate causing them to lose traction. Likewise, over time, tire treads fade and make it harder for your car to grip the road. Before the cold weather hits, make sure your tires are properly inflated and that they have the right amount of tread. Most experts recommend a tire tread of 6/32”.

2.  Refill The Antifreeze and Engine Coolant

When the temperatures get low, antifreeze prevents your engine from freezing and engine coolant keeps your car from overheating when it’s working hard. Before the first snowfall, it is essential to check the levels of these substances so you don’t find yourself stranded on the side of the road.

3.  Get An Oil Change

Carmakers recommend that car owners get an oil change every 7,500-10,000 miles. However, it is always a good idea to get your oil changed no matter how long it’s been when the weather turns cold. A fresh oil change helps ensure that your car is in its best working condition when it needs to work the hardest.

4.  Create An Emergency Kit

Everyone should have an emergency preparedness kit in the backseat of their car for accidents and bad weather conditions. If its snowing and your car is stranded, it is recommended that you stay inside your vehicle so help can find you. Recommended items for emergency car kits include:

• Bottled water

• Matches

• Jumper cables

• Extra coolant

• Blanket

• Hats and gloves

• Flashlights

• Snacks

• Salt (to melt the snow)

A kit with these items will help you combat the cold weather and help you survive a situation where you are stranded.

5.  Replace Your Wiper Blades

Once it starts snowing, fresh and clean wiper blades are essential for driving. Dirty wiper blades are ineffective at clearing snow and can easily create poor visibility. If you are not able to see through the snow, sleet or ice, you are more likely to get in an accident. New wiper blades can be purchased at almost any auto parts store and you can install them yourself. Or, you can take your car to the repair shop or dealership and they will install the new blades for you.

At Patch & FitzGerald, we want you to have a safe and happy winter season. However, if the weather turns bad and you find yourself in a car accident, we’re here to help. Our attorneys are experienced in personal injury cases and can help you win the settlement you deserve. Call 630-647-2600 for a free case overview or contact us online today.

Employee vs. Private Contractor

Workers’ Compensation in New Hampshire

Workers’ compensation is a benefit designed to assist employees who sustain injuries or an illness while performing a job-related task. Following an on-the-job injury/illness, workers’ compensation typically pays the employee a portion of his or her lost income. In addition, any medical costs related to the injury/illness are also paid by the insurance.

Who is Exempt from Workers’ Compensation Coverage in New Hampshire?

The New Hampshire (N.H.) Department of Labor is responsible for enforcing the statutes that relate to workers’ compensation. While employees must be covered by workers’ compensation, independent contractors do not.

What Classifies Someone as an Independent Contractor as Opposed to an Employee?

The New Hampshire Department of Labor uses the seven factors below to determine if an individual worker must be covered under the employer’s workers’ compensation insurance. To be considered an independent contractor, all seven of the factors below must be met.

The individual must:

1. Already possess or have applied to receive a social security number or a federal employer ID number, or have agreed to complete the obligations that are required by employers under this chapter. To be valid, this agreement must be made in writing.

2. Have full control and freedom of choice in relation to the means and manner in which the work is performed. The independent contractor has full control because it is the end result of the work that the employer has bargained for, not the manner in which the work is completed.

3. Hire and pay his or her own assistants (if applicable). And, if these assistants are the contractor’s employees, supervises their work.

4. Be the one who is responsible for the project’s final result and, in the event that the results are unsatisfactory or the work is never completed, be held contractually liable.

5. Control his or her own work schedule; however, the work schedule should not interfere with the completion date of the project, the agreed-upon range of work hours and, if entertainment is the type of work being contracted, the time the entertainment will be presented.

6. Consider himself or herself to be a business owner in relation to the services being provided to the employer or is already registered with New Hampshire as a business and has recurring or continuing business obligations or liabilities.

7. Be able to work for other companies and different employers.

Understanding Workers’ Compensation Insurance Benefits in New Hampshire

All employers with any employees, even just one, who work full- or part-time, are required to provide this insurance coverage. The benefits provided must cover an employee’s hospital, medical and remedial care as it relates to his or her workplace injury/illness.

Wage Benefits:

• Temporary Total Disability Benefits (TTD) — Paid while the absent employee is recuperating from a workplace injury or illness. These benefits are equal to 60 percent of the injured employee’s gross average weekly wage (AWW). This weekly wage is subject to New Hampshire’s state maximum, which is $1,582.50 (as of 2018). Before receiving benefits, employees have a three-day waiting period. If the employee is disabled for at least 14 days, he or she will receive benefits for those initial three days. Payment continues until the employee completes treatment and returns to work or reaches maximum medical improvement (MMI).

• Temporary Partial Disability Benefits (TPD) — Paid to injured employees who are able to return to work performing a modified or light-duty position. The amount paid with TPD is 60 percent of the difference between what the employee would receive under TTD and what he or she is actually receiving while working the modified position. This benefit ends when the employee returns to work on a full-time basis or the employee reaches the maximum number of weeks allowed under New Hampshire law. Employees are eligible to receive these payments for up to 262 weeks.

• Permanent Partial Disability Benefits (PPD) — Paid to an employee when a permanent impairment results from a workplace incident. A permanent impairment would be something like an ongoing back or neck injury, or the loss of a limb. The payment amount correlates directly with the severity of the disability. PPD is determined and paid out to the employee once he or she has reached MMI. Employees receiving other workers’ compensation wage benefits are still eligible to receive PPD benefits because this is a separate amount for the permanent partial disability the employee sustained. The PPD benefits provide the employee with his or her regular weekly wage, multiplied by the number of weeks that correlate with the severity of the employee’s injury. New Hampshire allows a maximum of 350 weeks.

• Permanent Total Disability Benefits (PTD) — Paid to employees who sustain severe injuries/illnesses that lead to permanent, total disability, resulting in an inability to return to the workforce. When an employee suffers a permanent total disability, he or she receives benefits that are equal to 60 percent of his or her gross AWW. This payment amount is subject to New Hampshire’s weekly wage state maximum of $1,537.50 (as of 2017). The employee receives this payment for the duration of his or her disability.

Independent Medical Exam: What Is It?

After sustaining an injury in an accident, it is understandable if you feel as if you have been poked and prodded enough to last you a lifetime; however, when it comes to your independent medical examination (IME), for the sake of your personal injury or workers’ compensation case it is essential that you keep this appointment. The results of your IME can help you build a solid personal injury case. When it comes to workers’ compensation, your IME results help determine whether you receive a lump sum of money for your injuries.

What Is An Independent Medical Examination (IME)?

An IME is an examination that is performed by a physician who is alleged to be impartial to the case or insurance claim. Typically, independent medical exams are associated with workers’ compensation; however, they are also used in personal injury cases. The goal is for the IME doctor to provide his or her unbiased medical opinion as to the individual’s current medical condition and future prognosis, as it relates to the injury(ies) sustained.

Preparing to Have an IME

Prior to your appointment, you will meet with your attorney so as to go over what you should expect during your independent medical examination.

10 Tips to Help You During Your IME

1. Dress Appropriately

Avoid wearing clothing that makes it look like you have been out engaging in physical activities that your injury would prevent you from participating in. Even if you are just wearing these clothes to be comfortable, it could raise suspicion.

2. Arrive 30 Minutes Early

Unless paperwork was sent to you ahead of time, you never know how many forms you will need to fill out. If your injuries relate to your head, neck, shoulder, arm or hand, it could take you longer than expected to complete the paperwork at the office.

3. Consider Bringing A Copy of Your Medical History With You

There will be a lot of forms to fill out that ask about your medical history. If you have a relatively long history, consider typing it up and making copies to hand out to your physicians. This is much easier than filling out the paperwork when you have extensive medical information to provide.

Most physicians do not mind placing a copy in your file. The information you need to provide includes current medications — both over the counter and prescription, surgical procedures, ongoing medical conditions (e.g., diabetes, high blood pressure, etc.).

4. Be Honest About Your Injury

You are about to be evaluated for your injury. Answer the questions truthfully, without exaggerating. Doctors can usually tell when patients are lying and if additional test are run, it could reveal that you are not being truthful, which puts your case in jeopardy. If you are untruthful in the hopes of attaining more money, you could actually get less because you damaged your credibility.

5. If You Have Previous Injuries, Be Sure You Know How to Address These

Part of an IME physician’s job is to determine how much the new injury has aggravated any past injuries you have. Be honest with the physician and avoid exaggerating. Tell the doctor about any new symptoms that have started since you sustained the injury for which you are being evaluated. Talk about the limitations, pain and sensations you are experiencing now that you were not having before.

6. If a Treatment is Working, Admit It

Some patients are hesitant to say that they are feeling better or to say a treatment is helping. They are afraid that saying a treatment is helping will damage their case; however, claiming that nothing is helping relieve your pain can actually hurt your case, honesty is always the best policy.

7. Tell the Doctor Everything

Be sure to tell your IME doctor the entire story of your injury. The story should be consistent with the one that was provided in your claim as well as the one that is in your medical records. Any inconsistency could damage your credibility.

8. Tell the Doctor When You Are in Pain, Avoid Exaggeration

Most physicians ask patients to rate their pain on a scale of 1 to 10, with 10 being the highest. Rating your pain a 10 is probably not a good idea, especially because 10 is usually meant for people who feel as if they need to head for the hospital because of the amount of pain they are in. If you do say 10, the physician may think you are either attempting to mislead or you cannot assess your pain level accurately.

9. Do Not Talk About Your Workers’ Compensation or Personal Injury Case

Even if the physician brings up your case, mention that you have hired an attorney and then change the topic. Avoid talking about other parts of your case, if you make negative comments about the other side, you could hurt your case.

10. Stay Positive and Have Goals

Do not present yourself as someone who is in despair or self-pitying, emphasize to the doctor that you are willing to do whatever it takes to get better. In addition, make it clear that you look forward to returning to work. These things will be written in your report, which makes you more likable while it is being read by others.

NH Worker’s Compensation Law

Under RSA 281-A:38 & 39, failure of the employee to attend an independent medical examination (IME) or obstruct that examination shall result in the suspension of your weekly indemnity benefits until the examination has taken place and no compensation shall be payable during and for such period.

The employee can be scheduled to attend no more than two IME’s per year.

The IME must take place within a 50-mile radius of the employee’s home unless approved by the Department of Labor.

The Independent Medical Examination Report

Once the IME is complete, all parties have the right to review the report. In the introductory section, there will be some basic descriptive data as well as a summary of the doctor’s conclusions. The report will also describe the conversation that occurred between the examiner and the patient. The doctor’s findings will be documented (in detail) and the diagnosis/prognosis will be given.

Whenever you are considering filing a personal injury lawsuit, it always pays to talk to an experienced attorney. Your case is much more likely to be successful if you work with an attorney you trust.

Call us today for a free, confidential consultation and case evaluation. Let our experience work for you. 603-647-2600.

DEPOSITIONS: Why Are They Important?

A deposition is part of the discovery process and is used as a means to collect information. One party asks questions and the other party, or witness, answers these questions. The individual who is answering the questions is the ‘person being deposed.’

The deposition takes place outside of the courtroom and the person who is being deposed is placed under oath. This type of discovery allows the parties to learn what the other party intends to say at trial. Whoever requested the deposition usually asks questions first, and if the person, who is being deposed, has an attorney, the attorney may ask follow-up questions; however, these questions can only relate to the clearing up of misunderstandings that occurred during the individual’s initial deposition questioning.

How Depositions Can Affect Your Case

Depositions can help your case because your attorney will know what testimony to expect from the other party during the trial. This allows for better preparation of cross-examination questions. In addition, the deposition may shine some light on certain documents that may show the other party (or its witnesses) are not being truthful. In addition, the transcript of the deposition can be used during the trial while the individual testifies. If he or she lies, the deposition itself can be used as evidence that something different was said previously. Keep in mind, the same benefits that you receive, the other side receives as well.

If you say something during your deposition that turns out to be incorrect or false, or you describe something differently as you testify, your case could be seriously harmed. The attorney for the other side could use any of these inconsistencies to question your entire testimony and your ability to speak truthfully about the case. For this reason, remaining truthful throughout your entire deposition is essential.

What Questions Will I Be Asked and What Answers Should I Give?

Typically, the attorneys or the parties can ask whatever they want, as long as it relates to the case. Your lawyer will help you prepare for your deposition, going over some of the questions that you may be asked. Since you will be under oath, answer truthfully; otherwise, you could be accused of perjury. If you are unable to remember something, just say “I do not remember” or “I do not know” instead of trying to make up an answer or just take a guess.

Limit Your Answers

When you are being asked questions by the other party’s attorney, provide as little information as possible, here is why:

• Since your deposition will not take place in front of a judge and jury, trying to add extra details for the sake of impressing someone is not necessary.

• Once the trial begins, either side can use the testimony given at the time of the deposition to discredit witnesses at trial. Consider that the more details given during the deposition, the more likely you are to describe something a little differently at trial, which will be used against you by the other side.

11 Tips for a Successful Deposition

1. If you are having difficulty understanding a question, do not be shy about asking the individual to rephrase it for you.

2. Do not volunteer information. Listen to the question and answer only the question asked. The job of those giving you the deposition is to find the information they need; therefore, the more information they receive from you, the better their chances are of harming your case.

3. Avoid using head nods or “uh-huhs.” Your testimony needs to be crystal clear so when the transcript is referred to, it is easy to read and understand. Although we frequently use this type of language daily, depositions are formal, so all answers need to be obvious.

4. Nothing destroys a case quicker than misrepresenting, exaggerating or not being truthful; therefore, be honest.

5. Allow the attorney to complete the entire questions before providing the answer. Take your time and think your answer through before you give it.

6. Watch out for compound questions. Double questions can be confusing, and your attorney will probably object to them.

7. Always listen to your attorney because, without him or her, you will not have anyone to speak with before you give your answer.

8. Do not use words like always or never. These phrases are too definite and could lead to a questioning of your credibility.

9. It is okay to circle back. If, during your deposition, an answer to a previous question comes to mind, let the questioner know so you can provide the answer.

10. Remain calm and collected. Although the opposing counsel might ask you questions that seem as if they do not matter, just stay calm and give thoughtful honest answers.

11. The communications that occur between you and your attorney are privileged; therefore, whatever is discussed between the two of you is off-limits.

Finally, when answering your deposition questions, be honest, only give answers that you are sure about and remember that the answers being given should be limited, only providing the details that are absolutely necessary.