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.

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.    

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.

Press Release

And the Awards Keep Coming. Patch & FitzGerald is delighted to announce that our managing partner, John FitzGerald, has received yet another acknowledgment of his expertise and commitment to client service, by being named one of the Top 10 Personal Injury Attorneys in New Hampshire by the American Institute of Legal Counsel.

In response to this latest award, Attorney FitzGerald stressed that the recognition is appreciated, but what is more important is being able to deliver winning results for his clients.  This award showcases the impact that more than thirty years of personal legal expertise and sensitive, responsive client service achieve.  Patch & FitzGerald: Relentless Advocates, Winning Results!

PRESS RELEASE

“John FitzGerald Has Been Nominated and Accepted as 2019 AIOLC’s
10 Best Workers’ Compensation Attorney in New Hampshire For Client Satisfaction”

“The American Institute Of Legal Counsel has recognized the exceptional performance of New Hampshire’s Workers’ Compensation Attorney John FitzGerald as 2019 10 Best Legal Counsel for Client Satisfaction.

The American Institute Of Legal Counsel is a third-party attorney rating organization that publishes an annual list of Top 10 Workers’ Compensation Attorney in each state. Attorneys who are selected to the “10 Best” list must pass AIOLC’s rigorous selection process, which is based on client and/or peer nominations, thorough research, and AIOLC’s independent evaluation. AIOLC’s annual list was created to be used as a resource for clients during the attorney selection process.

One of the most significant aspects of the selection process involves attorneys’ relationships and reputation among his or her clients. As clients should be an attorney’s top priority, AIOLC places the utmost emphasis on selecting lawyers who have achieved significant success in the field of Legal Counsel without sacrificing the service and support they provide. Selection criteria, therefore, focus on attorneys who demonstrate the highest standards of Client Satisfaction. “

We congratulate John FitzGerald on this achievement and we are honored to have him as a 2019 AIOLC Member. “

Top 20 for 2020!!!

Patch & FitzGerald has been recognized as one of the 20 Best Personal Injury law firms in Manchester by the independent rating agency Expertise.com.  Based on exhaustive independent evaluations in five categories including reputation, experience, credibility, engagement and professionalism, Patch & FitzGerald was selected for inclusion in the Top 20 list.  We are honored to add this designation to our list of awards for excellence.

 And although we are gratified by the honor, we continue our laser focus on providing the best legal advice and service to clients with Worker’s Compensation and Personal Injury issues throughout New Hampshire. Patch & FitzGerald:  Relentless Advocates, Winning Results. 

Who Is Liable If I Get In An Accident On My Way To Work?

Getting in a car accident on the way to work is the primary ingredient in a recipe for a bad day. Not only does a car accident delay your entire schedule but it also creates an entire new to-do list to check off. The list includes things like dealing with the insurance company, getting your car repaired, and healing from injuries – to name a few.

If you have recently been injured in an accident on the way to work, you might be wondering – who is liable? Here, we’re going to explore the answer to that question.

Accidents On Your Own Time Are Your Responsibility

Many people assume if they get into an accident on their way to or from work that the company, they work for can be held responsible. Unfortunately, that is not the case. During the commute from your house to your office, you are on your own time. Therefore, your employer cannot be held responsible. The only time there is an exception to this rule is when you are clocked-in and on official business during your commute.

Accidents during the workday, however, are a different story. If you are driving from one location of the business to another, running an errand for your employer, or on an appointment related to work your company can be held partially liable for a car accident.

New Hampshire Is An At-Fault State

Any time you get into an accident in New Hampshire, whether it is during the workday or not, you need to take into consideration that New Hampshire is an at-fault state. This means, whoever is deemed responsible for the accident is held liable for the costs associated with the accident. To determine fault in a car accident, it is important to contact the local authorities and file an official report. Once a report is obtained, you can file a claim with your own insurance company or the other party’s insurance company, depending on who is at fault.

The New Hampshire Supreme Court has determined that driving to and from work is generally not work-related due to the fact that driving to and from work constitutes ordinary perils of travel.  However, there are numerous exceptions to this rule.

If you are involved in an accident during the workday, the best thing you can do is contact a personal injury attorney with experience handling car accident cases. They will be able to examine the circumstances surrounding your accident and determine who is at fault and if your employer can be held responsible.

Contact Patch & FitzGerald For Your Personal Injury Claim

Patch & Fitzgerald Attorneys at Law is one of the top personal injury law firms in the state of New Hampshire. Attorney FitzGerald specializes in workers’ compensation, car accident, and other personal injury cases and has the knowledge and experience required to help you win your case. All of our staff cares deeply about every client and work hard to get to know their circumstances so we can best help them get back on their feet. If you have been involved in a work injury or car accident, we want to help you.

Call 603-607-2600 or contact us online for your free case evaluation today.

Factors That Affect Your Personal Injury Case

When a person becomes injured because of someone else’s negligence, there are generally two ways of collecting compensation for the damages sustained: Being offered and accepting a personal injury settlement or going through the civil lawsuit process. Although moving ahead with a civil lawsuit may seem like a great idea because it could lead to more money than one may receive in a settlement, the majority of personal injury cases are settled even before the lawsuit is filed, and usually long before trial.

The Plaintiff and the Defendant in a Personal Injury Case

Once the injured person files a personal injury claim, he or she is the ‘plaintiff,’ and the person or company that the claim is filed against is the ‘defendant.’

What is a Settlement?

A settlement is an offer of payment that is made by an insurance adjuster or the person, or the company that the plaintiff is suing. If the plaintiff decides to accept the settlement amount from the defendant, the plaintiff is waiving the right to continue with the personal injury claim filed against the person or company, that the individual believes is responsible for causing his or her injuries. The settlement is the total amount of compensation the plaintiff receives for the injuries sustained.

When is a Settlement Usually Offered?

A settlement can be offered to the plaintiff before the lawsuit is filed, but after the potential claim against the person or company arises. The defendant may offer a settlement amount after the case is filed and even once the trial begins, which is acceptable, as long as there has not been a final verdict yet.

Sometimes a settlement amount is reached while the jury is still in the middle of deliberating the case. These instances occur when one or both parties decide that, instead of leaving their fate up to the jury, they would prefer a sure thing.

What Happens Once the Agreement is Reached?

After an agreement is reached, the plaintiff signs a full-liability release for the defendant. This release relinquishes all potential claims arising from the underlying incident/accident; thus, preventing any future claims against the defendant for the injuries sustained. For instance, in a car crash case, the insurance adjuster may offer a $60,000 settlement to the plaintiff; however, to receive the money, the plaintiff must agree not to file a lawsuit or seek any other kind of legal remedy. Is accepting this settlement from the insurance adjuster a good idea? What is the plaintiff’s case worth? To determine how much a personal injury case is worth, several factors are taken into consideration.

Understanding Pain and Suffering

The amount of settlement money for pain and suffering is based on the plaintiff’s proficiency in proving the defendant is liable for the injuries sustained as well as for the amount of damages. For example, if an individual has accumulated $150,000 in medical bills, but he or she is unable to prove that the defendant is legally responsible for the injuries, damage amounts will be affected.

Pain and suffering may include:

• Anxiety.

• Physical pain.

• Trouble concentrating.

• Depression.

• Emotional distress.

• Difficulty sleeping/insomnia.

• Physical aches.

High Dollar Personal Injury Calculations:

• Permanent injuries and/or persistent pain — refers to permanent physical injuries like paralysis, a loss of limb, scarring, herniated discs and long-term pain due to complex wounds, chronic injuries and/or invasive treatments.

• Extreme mental anguish — intense mental anguish due to the incident/accident or the injuries it caused can lead to a higher compensation amount; however, to prove this, care should be sought from a mental health professional.

• Shocking event injuries — these events include plane crashes, shootings or being trapped inside a burning car after an accident. All of these can lead to higher general damage calculations.

Calculating a Personal Injury Case in New Hampshire

Medical expenses — all the plaintiff’s medical expenses are included in this total, even those that were not paid out-of-pocket. If the plaintiff neglected to seek treatment, but still suffers with pain, the daily rate method will be used to calculate this amount.

Future medical expenses — if the injuries sustained are chronic and will need ongoing treatment, those costs need to be estimated and included in the case.

Lost earnings — if the plaintiff missed days of work because of the injuries sustained, the amount of lost income can be recovered. Even the days that the plaintiff used his or her time-off benefits (e.g., PTO, vacation days, etc.) to continue receiving pay, should be included in this total. Consider that if the plaintiff had not sustained injuries, he or she could have taken that time off for a vacation.

Future lost income — should the plaintiff be missing work because of ongoing treatment or due to an inability to work while recovering, those estimated earnings must be estimated and included in the suit.  

Property damage — typically used for car accidents. The cost to fix the car or, if the car is totaled, replace the car is determined and then added to the personal injury case amount.

Multiplier for general damages — the general damages’ multiplier is used to estimate the plaintiff’s pain and suffering. The more serious, painful and long-lasting the injuries, the higher the multiplier.

If you reside in New Hampshire and you have been injured by no fault of your own, contact Patch & FitzGerald today at 603-647-2600 to schedule your free case evaluation. Let our experienced, dedicated and compassionate attorneys represent you and keep your best interests in mind as you seek compensation for your damages. Our office is located at 500 North Commercial Street, Suite #403A, Manchester, New Hampshire.

5 Things to Know About Loss of Consortium Claims

Spouses Right of Consortium

If your loved one sustained a catastrophic injury and that injury has caused you losses—such as loss of affection, comfort, love, companionship, or sexual relations—you may be able to pursue a loss of consortium case. Please contact our firm to learn more about your legal options.

A personal injury lawsuit is typically brought forward by the individual who has been injured—unless the injured did not survive the accident, in which case those that survived the individual, like their spouse, might pursue a lawsuit. However, there are cases where the family of the injured person may be able to recover losses for their losses, such as the loss of income provided by the injured. These cases are known as loss of consortium lawsuits.

1. NEW HAMPSHIRE LAW INCLUDES RECOGNITION OF A SPOUSE’S RIGHT OF CONSORTIUM.

The law in New Hampshire recognizes your rights as a spouse to the consortium of your partner—including the services your spouse provides, the society that comes from being with your spouse and the sexual relationship you have with your spouse.

The services your spouse may bring to your life include physical help keeping your home in good condition and help with the ongoing maintenance needs of the home. The society your spouse brings includes moral support, comfort, solace, and affection. And the sexual relationship you get from your spouse goes beyond intimacy to include the opportunity to have children.

2. THE LAW RECOGNIZES THAT YOU CAN BE INJURED BY AN ACCIDENT EVEN IF YOU WERE NOT IN THE ACCIDENT OR SUSTAINED PHYSICAL HARM.

The idea behind loss of consortium laws is that your partner serves many roles in your life, some or all of which can be destroyed or negatively impacted by a major accident. If your partner can no longer walk after an accident, the accident essentially deprived you of their help maintaining your home. If your partner loses the ability to have children, you are injured as a result. These are real, life-altering injuries, even if they are not the physical kind.

3. PURSUING A LOSS OF CONSORTIUM CLAIM CARRIES THE RISK OF EXPOSING PROBLEMS WITH THE MARRIAGE.

You can gain significant financial benefits from winning a loss of consortium lawsuit—but such a lawsuit does carry risks that you need to be aware of before you begin. The defense attorney of the one accused of liability is going to fight hard to avoid losing the case, which means they will do their best to cast a negative light on your relationship. If there have been any infidelities or other issues in the past, there is a strong possibility that those problems will be brought up in court and become part of the public record.

4. CHILDREN CAN SOMETIMES BE ELIGIBLE TO FILE A LOSS OF CONSORTIUM CLAIM.

The most common loss of consortium claim is filed by spouses because it is usually the spouse that is most seriously injured by the accident. However, there are times where the relationship between the injured party and their children can be damaged in similar ways. If the children depended on the parent to provide for them and lost that security, a loss of consortium case could demonstrate that loss and win damages for the children of the injured party.

5. IF YOU ARE THINKING ABOUT A LOSS OF CONSORTIUM CASE, YOU NEED TO SPEAK TO A KNOWLEDGEABLE ATTORNEY.

Whenever you are considering filing a personal injury lawsuit, it always pays to talk to an experienced attorney –but this is especially true in a loss of consortium case. These cases are less well known because they are not as common as many other personal injury lawsuits. Your case is much more likely to be successful if you work with an attorney you trust.

5 Frequently Asked Questions in Personal Injury Cases

1. How do I pay my lawyer?

Most personal injury lawyers work on a contingency fee basis, also referred to as “no fee unless you win.” In other words, you will not have to pay an attorney fee unless you get money damages for your lawsuit.

2. How long do I have to report an accident in NH?

According to New Hampshire Revised Statutes section 264:25, the driver of a vehicle that is involved in a traffic accident must report the crash — in writing to the Division of Motor Vehicles, within 15 days — if any person was injured or killed, or if there was property damage in excess of $1,000.

3. What is my case worth?

The value of your case depends on the extent of your injuries. Damages in your claim can include medical bills and future medical bills, lost wages and future lost wages, pain and suffering, and loss of spousal support. You must gather all necessary documentation, including medical bills, medical records, and lost wage documentation, to adequately value your case.

4. Will my case go to trial?

There are advantages of settlement your case out of court.  Most cases, over 95% of cases are settled before trial. Cases often settle before filing a lawsuit or at mediation before trial.  However, we always prepare your case to go to trial in the event we do not get a fair settlement offer.

5. How long will it take to settle my case?

First, you need to completely recover from your injuries, or you need to reach maximum medical improvement (MMI).  MMI means that while you may need additional treatment, recovery is as good as it is going to get.

All supporting documentation needs to be obtained, such as:

• Medical and mental healthcare records and bills.

• Wage records and proof of income, along with expert reports for future lost wages.

• Vehicle or property damage estimates and proof of value.

The length of each personal injury claim varies. No timetable fits all cases.  Some cases get settled within a few months, while others take a couple of years, especially if it goes to trial. 

Automobile and Motorcycle Accident Checklist

No one ever is truly prepared for an automobile or motorcycle accident, but having a checklist in your glove compartment or on your mobile device can be a tremendous help in a time of stress and confusion. In hopes that you will never need to use this, Patch & FitzGerald has developed the following 9 item checklist to help you navigate the confusion and avoid what might be costly mistakes in the unhappy event you or a loved one is in an accident.

Each year the New Hampshire Office of Highway Safety publishes an annual report that contains detailed statistics and efforts by the State of New Hampshire to improve safety on the roadways. CLICK HERE for the 2019 report.

1. STOP the vehicle. If you are in a safe spot, try not to move the vehicle until after help arrives. If you are in traffic, and it is possible, pull into as safe an area as you can.

2. Call 911 and clearly identify where you are (landmarks, signs, nearby exits).  Tell them if there are any injured persons, how serious the injuries might be, and if there is continuing danger (such as the possibility of a fire).

3. Try to stay calm. Tell anyone else involved in the accident that you have called 911 and help is on the way. 

4. Notice everything around you: the time of day, any witnesses or bystanders, the position of the vehicles and the number of occupants, license plates of other vehicles. Take pictures if you can do that safely on your phone, or jot down notes of what you see.

5. Be as accurate as possible with police at the scene, but if you don’t know an answer, or are not sure it is important to say so. Do not assume or assign blame for the accident.

6. If there is another vehicle involved, exchange information with that driver. Include insurance information and registration details.  Cellphone shots are a good way to do this quickly and accurately. Include pictures of the damages to both vehicles.

7. Seek medical attention. Not all injuries are immediately obvious, and you will be operating on adrenaline. It is always best to be evaluated by a medical professional after a trauma like an accident.

8. Call an attorney. Even if you don’t think you will need one, an attorney’s involvement as early as possible can preserve evidence at the scene and protect your rights. Try not to give any statement to the insurance company until after you have spoken to your attorney.

9. Keep everything together. Once home, get a large envelope and put anything and everything relating to the accident in it: the name and badge number of first responders, your notes or print outs of you cellphone pictures, the contact information of anyone else you have taken, the hospital discharge papers and anything else. Keeping all this in one place will help you to stay organized and accurate.

Patch & FitzGerald: Relentless Advocates, Winning Results.