How Do I Know If My Child Is Ready To Graduate From The Booster Seat?

When you have a child, you do anything and everything in your power to keep them safe. While you are driving putting them in a car seat while you drive is one of the best ways to do that. Then, once they are too big for the car seat, a booster seat is your next line of defense against serious car accident injuries. The question is, how do you know when your child is ready to graduate from a booster seat and ride in a normal seatbelt? Let’s find out!

Booster Seats

Research from the National Highway Traffic Safety Administration has found that booster seats reduce a child’s risk of serious injury or death during a car crash by 45 percent.

New guidelines suggest children under 4 feet 9 inches who have outgrown the child harness car seat should sit in a booster seat. 

• Shorter than 4’9 needs a booster due to the placement of the seatbelt across the chest.

• Under 13, continue to sit in the back seat even if no booster is needed due to the spine's development.

Child passenger safety laws vary by state. Be sure to check YOUR state’s requirements and the laws in the states you visit.  

Understanding New Hampshire Car Seat Laws

NH RSA 265:107-a

New Hampshire law requires that any child under eighteen riding as a passenger in a motor vehicle be secured by either a seat belt or a child safety seat and that any child under the age of seven is secured by an approved child restraint (RSA 265:107-a). It is the driver's responsibility to ensure that all child passengers are properly restrained. There are only four exceptions to this requirement. Children do not have to be restrained: (1) in taxis and buses, (2) in vehicles manufactured before 1968, (3) when they have physical conditions that prevent the use of seat belts or child safety seats, and (4) under certain special-education conditions.

If you fail to have a child passenger "buckle up," you face a first-offense fine of $50 and a second-offense fine of $100.

The best way to determine whether or not your child is ready to ride in a regular seat belt is to understand New Hampshire car seat laws. The law outlines what type of seat your child should ride in based on age and weight. Current car seat and booster seat laws are:

• Children under two years of age should ride in a rear-facing car seat.

• From 2-5 years, your child should ride in a forward-facing car seat with a chest harness. Once they are four, they can ride in a high-back booster seat.

• Children 5+ years should ride in a booster seat with a seat belt.

There is no set age for a child to move from a booster seat to a regular seat belt. However, there is a checklist you can use to determine if it’s safe to switch.

THE BOOSTER SEAT CHECKLIST

One of the first signs that your child is ready to move from the booster seat to the regular seatbelt is when the booster seat becomes uncomfortable to ride in. Before you move them, however, here are a few items you should check off:

• Do your child’s feet touch the floor comfortably?

• Does your child’s back touch the back of the seat?

• Does the seatbelt sit naturally between your child’s arm and neck?

• Does the lap belt touch your child’s thighs?

• Will your child sit in the seat without removing the belt?

If you can answer yes to these questions, you can safely move your child to a regular seat if they are over five years of age.

THE DANGERS OF NOT FOLLOWING CAR SEAT GUIDELINES

Following car seat laws is extremely important to your child’s safety. If they are not buckled in properly, they can suffer severe injuries and even death in a car accident. Some risks of not being buckled in properly include being thrown from the car, broken bones, head injuries, neck injuries, and back injuries. Here are some links to additional resources from the National Highway Traffic Safety Association:

·      Car Seat Glossary of Terms: Learn about vehicle and car seat parts and more.

·      Training Contacts by State for Child Passenger Safety: Find your state's Child Passenger Safety Training Contacts.

·      Car Seat Use After a Crash: Make sure you know the difference between a minor crash and a moderate to major one before deciding to use a car seat after a crash.

·      NHTSA’s Car Seat Recommendations for Children: Use these recommendations to help you choose the best meets your child’s needs.

·      Keeping Kids Safe - A Parent’s Guide to protecting children in and around cars: This booklet will help you better understand today’s vehicle safety features, car seats, and how to keep kids safe in and around vehicles.

·      Used Car Seat Safety Checklist: Consider using a second-hand car seat. If you can check off each of these statements, then it may be okay to use one.

Patch & FitzGerald Car Accident Attorneys In New Hampshire

If you are involved in a car accident in New Hampshire, you can rely on the attorneys at Patch & FitzGerald to be there for you. They have decades of experience winning cases for thousands of people throughout the state. For 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.

School Bus Safety

Students are about 70 times more likely to get to school safely when taking a bus instead of traveling by car. That’s because school buses are the most regulated vehicles on the road; they’re designed to be safer than passenger vehicles in preventing crashes and injuries; and in every state, stop-arm laws protect children from other motorists. To learn more, read this article by the National Highway Transportation Safety Administration.

You might have a case, so let’s video-chat

Have you been injured?  Do you have a question about a potential claim? Despite the COVID-19 precautions, Patch & FitzGerald is fully staffed and available for you, using the latest telecommunications options.

You may not be able to sit down in front of us in person, but videoconferencing is almost the same thing. And, rest assured that you will be chatting with one of our highly trained staff paralegals or attorneys, not a call center in the Midwest or offshore. Call Patch & FitzGerald when you need hard-fought winning results, not fluffy promises. Reach us at 603-647-2600.

Patch & FitzGerald:  Relentless Advocates, Winning Results.    

Understanding How A Wrongful Death Lawsuit Works

No matter how it happens, the death of a loved one is a traumatic and painful experience. When their death is unexpected, the pain is unbearable. If your loved one died in an accident as the result of another person's negligence, you might be able to get the justice you deserve by filing a wrongful death lawsuit. Here, we're going to explore how a wrongful death lawsuit works and how you can get help filing your case. 

Who Can File A Wrongful Death Claim?

A wrongful death lawsuit is a case brought against a party that caused a person's death intentionally or as a result of negligence. 

Parties That Can File A Wrongful Death Lawsuit Include:

• The deceased's spouse/partner

• The deceased's immediate family including children, parents, and siblings

• The deceased's estate

If you have lost a loved one in an accident and you suspect negligence was involved, the best course of action is to seek advice from a trusted attorney. 

When Can I File A Wrongful Death Claim?

There are a variety of situations that qualify for wrongful death lawsuits. The most common scenarios for wrongful death claims include:

• Medical malpractice

• Negligent car accidents

• Faulty medical devices or medications

• Product malfunctions

• Death caused intentionally

To be successful in a wrongful death claim, you must be able to present evidence that their family member's death was the result of intentional or negligent actions. An experienced attorney is essential in these situations because they can decipher the circumstances surrounding the case to produce credible evidence.

Can I Recuperate Wrongful Death Damages?

The death of a loved one can be an unfortunate financial burden to their closest family members and friends. Therefore, wrongful death claims work to recuperate a financial settlement to compensate them for their suffering. In a wrongful death claim, family members (or the individual's estate) can recover damages for:

• Funeral/burial costs

• Medical bills

• Loss of expected income

• Value of services of the deceased

• Loss of inheritance

• Loss of care and companionship

• Pain and suffering

A knowledgeable attorney will help you understand what compensation you are entitled to according to the law in your state and will develop a case that works in your favor.

Knowledgeable Attorneys Who Fight For You

If you are missing a loved one because of an untimely death, you can count on the team at Patch & FitzGerald to fight for you. We have decades of experience representing families across New Hampshire and make it a priority to win the justice your loved one deserves. Our team takes care of all of the paperwork and takes the time to walk you through the process so you can focus on what matters most - healing. 

To schedule a free consultation, call our office or contact us online today. We are here for you. 

Checklist for Hiring a Personal Injury or Workers Compensation Attorney

Choosing an attorney to handle your personal injury case is one of the most critically important decisions you will ever make, but one that is often made at a time of terrible distress and conflicting advice.  In the hopes that you will never need to take advantage of these tips, the team at Patch & FitzGerald has compiled the following guidelines to assist you.

REPUTATION

The reputation of the law firm or attorney is of paramount importance.  You want to have an attorney who is credible, capable and able to get opposing counsel to the table with offers that reflect the reality of your damages.  You want an attorney whose reputation is one that makes opposing counsel or the insurance companies sit up and take notice.  You want an advocate, a smart, successful warrior who will fight for your best interests.

EXPERIENCE

Your best bet for good representation is an attorney with decades of experience in the field.  Not months or a few years.  You will have a significantly better outcome being represented by an experienced, smart attorney who knows how to maneuver through the system, who knows what will and won’t work.  You want a seasoned strategist leading your fight, not someone who is learning the ropes.  And that takes years of practice.

RECOGNITION, REVIEWS, AND RECOMMENDATIONS

Personal recommendations from friends, family or colleagues are always a good place to start.  But recognition of an attorney’s skills and achievements by professional legal organizations and peers are also an important indicator of skills and capabilities.  Look for notices of achievement by credible organizations such as Martindale Hubbel, Avvo, or the American Institute of Personal Injury Attorneys.  And don’t be fooled by the organizations that rate attorneys by age:  being in the “Top 50 under 40” category just means you might have potential, but don’t have experience.

CHECK FOR DISCIPLINARY ACTIONS OR TAX LIENS

An important point of evaluation should be that the attorney you are considering has not been found guilty of professional misconduct.  An easy way to check is to go to the  Attorney Discipline System page of the NH Supreme Court (nhattyreg.org) and type in the attorney’s last name. 

We also recommend that you check that there are no outstanding tax liens on the attorney or firm.  Attorneys under financial pressure from the IRS may be more likely to take a quick settlement in your case, to generate income for their office, rather than to hold out and fight for a larger settlement that could take more time and be better for you in the long run.  Because tax liens are filed at the county level, check the county where the attorney has his office, and the neighboring counties as well, since occasionally someone may practice in one county but reside in another.  IRS tax liens that are filed at the county level are public information, available online. Simply type NHDeeds.com into your browser, select the county, and click AVA search.  Just type in the last name of the attorney (s) to make sure you are dealing with someone whose first interest is in your case, not settling their own IRS matters. 

Finally, having conducted your own research, we hope you will contact us at Patch & FitzGerald (603-647-2600) and let our experience, integrity and tenacity win for you and your family. Patch & FitzGerald:  Relentless Advocates, Winning Results.

Should I Go In The Ambulance After My Car Accident?

Riding in an ambulance is not something most people have on their bucket list. In fact, most people would be okay with never seeing the inside of an ambulance in their life. Unfortunately, however, there are times when riding in an ambulance is necessary for your health and safety.

One of the most common reasons why people have to ride in an ambulance is because of injuries after a car accident. If you are ever in a car accident, you might find yourself wondering whether or not you should get in the ambulance to receive medical care. Here, we’re going to take a look at when an ambulance ride is warranted and why taking care of yourself and making sure you’re safe is always the best decision.

When Does An Ambulance Come To A Car Accident?

Accidents occur in all ways. While some accidents are severe and cause serious injuries and major property damage, others are minor with little to no damage at all. Most of the time emergency medical care is called to the scene of an accident where there is potential for injuries. Some indicators of injuries include:

• Major property damage (unable to drive vehicles)

• Drivers/passengers trapped inside of a vehicle

• Vehicles off the road

Although the above factors are indicators of injuries, there is also the potential for injuries at a minor accident. An ambulance should always be called to an accident if:

• Any drivers/passengers are experiencing pain

• Any drivers/passengers are dizzy

• Any drivers/passengers show signs of confusion

• Any drivers/passengers are bleeding or have visible broken bones.

How Much Does An Ambulance Ride Cost?

Some car accident victims will refuse to take an ambulance to the hospital because they are afraid of the cost. The average bill for an ambulance is between $500-$2,500. When taking an ambulance it is important to understand that most health insurance policies have some coverage for such expenses. Furthermore, if you take a ride in an ambulance after an accident that was caused by another person, it is a recoverable expense.

Taking An Ambulance After A Car Accident

If you ride in an ambulance after a car accident, it not only helps to ensure that you are safe and taken care of but it also creates medical documentation of your injuries. In the future, if you need to seek compensation for the cost of medical bills, rehabilitation, or pain and suffering such documentation is extremely valuable.

In New Hampshire, Patch & FitzGerald is your top source for legal representation. They will fight for you and work tirelessly to win you the compensation you deserve. To schedule a consultation with our trustworthy team, call our office at 603-647-2600 or contact us online today.

NH Supreme Court Reverses Compensation Appeal Board’s Denial in Unexplained Fall Case

APPEAL OF ELIZABETH DOODY

A panel of the New Hampshire Supreme Court reversed a finding of the state’s Compensation Appeals Board (CAB) denying a claim by an elementary school speech assistant who sustained a fractured arm in an unexplained fall at her workplace [Appeal of Doody, No 2019-0115, 2020 N.H. LEXIS 12 (Jan. 31, 2020)]. Finding that the CAB had misapplied the increased-risk test [see Larson’s Workers’ Compensation Law, § 3.03], the panel stressed that in order to prevail under the test, the claimant was required to establish that her employment either quantitatively or qualitatively increased the risk of injury. The CAB had made inadequate fact-findings, requiring a remand for further proceedings.

Facts:

The claimant had been employed by a New Hampshire school district since 1991. One of her daily duties was to supervise a locked side entrance at the beginning and end of the school day. On April 18, 2017, she fell twice while walking down a corridor toward that side entrance, first at 8:30 a.m., and again at approximately 3:00 p.m. Both falls occurred in the same location. She was not injured in the morning fall, but in the afternoon fall, she sustained a fracture to her right arm, which had to be repaired surgically.

The school district’s insurance carrier denied the claim, finding the injury had not been causally related to the employment. A hearing officer upheld the denial and the CAB affirmed, finding that the claimant failed to prove, more probably than not, either that a defect in the floor surface or door mat posed an actual risk that caused her fall, or that her unexplained fall was a neutral risk that met the increased risk test under Appeal of Margeson, 162 N.H. 273, 27 A.3d 663 (2011).

Supreme Court Panel

The panel found that the CAB, contrary to the claimant’s contentions, had applied the correct test to determine whether she had been injured as the result of a risk directly associated with the employment [my emphasis]. Here, the CAB analyzed the claimant’s assertion that the condition of the floor caused her fall; it found, however, that she had failed to prove that claim.

The panel said the CAB erred, however, in finding persuasive the employer’s argument that in order to meet her burden under the increased-risk test, the claimant had to demonstrate that she walked more at work than in her personal life or that the commercial flooring the claimant walked on at her workplace was more slippery than other types of flooring that she or the general public routinely encountered.

Increased Risk Test

This gets a bit confusing, but the panel went through the various categories of risk and explained that the category at work here was that of “neutral risks” — the sorts of risk that are neither distinctly employment-related nor distinctly personal in character [see Larson, § 4.03]. With neutral risks, one may recover for an injury if one can demonstrate that the injury resulted from a risk greater than that to which the general public is exposed.

For example, the panel cited Margeson, noting that there the neutral risk was being injured while descending a non-defective staircase. In Margeson, the court found that the act of descending a staircase at work did not, in an of itself, meet the increased risk test because it was an everyday, commonplace activity, which most people undertook on a daily basis. The court stressed in Margeson that the claimant could, however, recover if he had to use stairs more frequently than a member of the general public as part of the job, or that the stairs were an unusual height, etc.

CAB’s Findings Inadequate

The panel found that here, the CAB did not make express factual findings whether, because the claimant was required to walk the hallways more than 20 times per day (other duties unrelated to the locked door required that she do so), she walked more frequently than a member of the general public. Nor did the CAB make findings about whether the claimant was subject to an increased risk of injury because her job required her to accompany students to a special room and that she supervise the side entrance at the beginning and ending of the school day. Because the case required further fact-finding, and required the use of the appropriate increased-risk test, the panel vacated the CAB’s decision and remanded for further findings

Knowledgeable Attorneys For Your Worker’s Compensation Claim

If you have suffered from a workplace injury, you may be entitled to compensation for the cost of your missed work, medical bills, and any permanent impairment. In New Hampshire, Patch & FitzGerald are your top choice for worker’s compensation claim representation. To schedule a free consultation call 603-647-2600 or contact us online today.

What Should I Know Before I Let Someone Else Drive My Car?

Although lending out your vehicle seems like a harmless gesture, navigating who to lend it out to is confusing. Understanding the rules of the road and how your insurance policy applies in situations when you lend your car out is important to protect yourself and your assets. Here, we’re going to take a look at what you should know before you let someone else drive your car.

Why Is The Other Driver Borrowing Your Car?

If a friend, family member, co-worker, or acquaintance asks to borrow your vehicle, the first thing you need to ask is “why?” When someone else is driving your car it is your right to know:

• Where they are going

• Who else will be in the car

• If they are transporting any cargo

• Why they need to use your car instead of their own (if they have one)

As soon as someone else gets behind the wheel of a vehicle you own and insure, you become partially liable for any damage they cause. Therefore, if you are uncomfortable with anything that person intends to use your vehicle for – you should say no.

Do You Know Their Driving History?

Any time someone asks to borrow your car, you should consider your confidence in their driving skills before you lend it out. If your friend or a family member has a driving record that includes and of the following offenses, you might want to think twice before you hand them the keys.

Red flag driving offenses:

• Speeding tickets

• DUI

• Reckless driving

• Distracted driving

Although the driving history of the person driving your car doesn’t affect you if they get pulled over, a history of serious offenses increases the likelihood that they will not act responsibly behind the wheel of your vehicle.

Will My Insurance Cover An Accident?

Insurance is one of the most confusing factors involved in letting someone else drive your vehicle. Most people believe that whoever is driving the vehicle must also carry insurance. However, that is not the case. As long as you carry an active insurance policy on your vehicle and you gave your friend/family member permission to drive it, your coverage will apply in the case of an accident.

If the driver also carries insurance, their policy will act as additional coverage if the accident causes severe personal injury or property damage above the limits of liability in your policy. Therefore, it is a good idea to ask that anyone who drives your car to have their own insurance but it is not essential.

Trust The Lawyers At Patch & FitzGerald With Your Car Accident Claims

If you or someone you know has been in a car accident in New Hampshire, you can count on the law firm of Patch & FitzGerald.  We are laser-focused on securing the best possible outcomes for our clients, swiftly, efficiently and cost-effectively. Relentless advocates, winning results!

To schedule a free case evaluation call 603-647-2600 or contact us online today.

Ways To Reduce Your Risk of Workplace Injuries

When you have a physical job, the probability of experiencing an injury on the job rises. Broken bones, back injuries, head injuries and more are devastating and can put your life on hold causing you to miss weeks or months of important events. Fortunately, there are ways you can prepare your body and equip yourself to reduce your risk of injury. Most of the preventative techniques we discuss here can easily be incorporated into your daily routine. 

Always Warm-Up

As soon as it’s time to get to work for the day, you should warm-up your body before doing anything else. Properly warming up your muscles prepares them for strenuous activity and makes injury less likely. Effective warm-up techniques include:

• Stretching

• Taking a short walk

• Practice expected tasks

If you know you are going to lift heavy objects throughout the day a great way to warm-up your body is to lift the smallest boxes first. By easing into a strenuous activity you slowly increase the capacity your body has to perform difficult tasks.

Know When To Rest

Working while tired is a top cause of workplace injuries that can result in serious injuries or even death. If you work more than four hours per day, you are entitled to paid breaks. When you are on break it is important to:

• Eat a small snack

• Drink plenty of fluids

• Rest your muscles

• Treat any ailments

When you take proper rest, you not only improve your physical state but your mental state as well. 

Understand Your Own Strength

Some physical jobs require you to be able to lift 50lbs. or more on a daily basis. Although lifting heavy objects or performing intense physical labor might be a job requirement, it is still imperative to know your own strength. For example, if you are fatigued, it is important to ask for help on difficult tasks or use tools that make completing the task easier. When you understand your own strength or lack thereof, you are able to work longer and more effectively without the risk of injury.

Use The Proper Equipment

Most workplaces are equipped with tools to help you complete physical tasks. Devices such as forklifts, pallet jacks, carts, dollys and more can all reduce the amount of physical force it takes to move a heavy object. The majority of workplace equipment requires training to operate but once you know how to use it safely, it can save your body from pain in the future. 

Knowledgeable Attorneys For Your Worker’s Compensation Claim

If you have suffered from a workplace injury, you may be entitled to compensation for the cost of your missed work, medical bills, and any permanent impairment. In New Hampshire, Patch & FitzGerald are your top choice for worker’s compensation claim representation. To schedule a free consultation call 603-647-2600 or contact us online today.