Attorney and Practice Magazine has named John B. FitzGerald, III as a Top 10 Workers’ Compensation Law Attorney. This achievement is awarded to less than 1% of attorneys nationwide who have demonstrated the highest degree of excellence in workers’ compensation law.
3 Reasons Having a Will Is Best For You and Your Family
You spend your entire life creating a family, a home, a career, and accomplishments that you can be proud of. You build these things and take care of them so that you and your family can live a nice, carefree life. Unfortunately, the hard truth is that someday, no matter who you are, your life will come to an end. When that happens, you want to be prepared with a plan that will make sure that none of your hard work and accomplishments go to waste and that all of your wishes will be fulfilled.
A Will is a legal document that ensures that your assets are distributed according to your wishes. Therefore, a will is one of the best tools that you can have for making sure all that you have worked to achieve in this life is not lost and that your family is well taken care of and so much more.
1. A Will Appoints Child Guardianship
If you are a parent, you probably feel as though your children are undoubtedly your most important asset. In the case that you should pass-away suddenly, or that something unplanned should happen to both you and your spouse, you want to have the peace of mind of knowing who will care for them. A will can specifically name who you want to care for your children and why. If you have a will in place, your children will not have to go through the process of family members arguing over what is best for them or who has the means to care for them. A will also helps to ensure that your children are placed with a family member or friend that you love and trust instead of in the state system.
2. A Will Maximizes Your Estate
As you go through life, ideally you will grow wealth. Some people more than others, but no matter the amount your money is wealth that was hard-earned. If you have a will in place, you are able to name to who and how your wealth is divided. Having a will save your family from the costly lawyer and court fees associated with deciding how your money should be divided. Additionally, if you do not have a will and the government has to divide and distribute your assets, there are additional taxes that are required to be paid out of your money.
3. A Will Can Help You Leave a Legacy
No matter who you are or how you pass away, one thing is for certain—you do not want to be forgotten. Therefore, one of the most popular and perhaps important reasons for creating a will is to leave a legacy. Whether the legacy you leave is by gifting your child or grandchild the money to go to college or awarding your favorite charity with a large sum of money, leaving a legacy gift in a will is a great way to be remembered.
If you do not have a will, one of the first steps you need to take is organizing your thoughts regarding your financials. Think about how you would want your assets to be distributed and to who. Then, contact a local law firm to help you be sure that you have covered all of your bases and have the necessary components of a will. Once you have followed those steps, be sure to reevaluate your will on an annual basis to ensure that it is updated and accurate to your wishes.
Driving with Technology: What You Need to Know to Stay Safe Behind the Wheel
There’s a lot that can go wrong when you’re driving a vehicle.
From missing a road hazard sign to choosing the wrong action when needing to drive defensively, there are plenty of errors a driver can make. Of course, the biggest mistakes are rarely accidents. Instead, they’re choices drivers make, including driving distracted or under the influence of drugs or alcohol. Choosing to drive tired is also a common driver error, one that can have disastrous and sometimes fatal results.
According to reports, thousands of people die each year in the United States because of crashes caused by distracted driving. And, while many people believe that hands-free devices, as well as dashboard entertainment, are the answer, the truth is that this kind of technology doesn’t eliminate the problem, which is being distracted from driving.
Unfortunately, that’s only the beginning of the problem. With more than one in eight drivers in the United States admitting to getting behind the wheel when they were over the legal blood-alcohol limit and half of all adult drivers admitting to regularly operating a vehicle when they feel tired or drowsy, the addition of technology only adds to the crisis. Most adults underestimate how influenced they are by fatigue or substances, choosing to drive even though their instincts tell them it’s not a good idea. Remember, adults need at least seven hours of sleep each day to function properly. (Even losing two hours of sleep can have the same effect as driving after drinking three beers.)
And, when teens get involved, the statistics become even worse, with half of all teenagers being involved in an auto accident before they even graduate from high school.
There is, however, some help when it comes to reducing accidents on the road – and it comes from an unlikely source: technology.
Yes, technology is a big part of the problem, but it’s also working to become part of the solution. While there’s no replacement for drivers being focused, the hundreds of millions of cars on the roads today with advanced safety technologies are helping to reduce the risk of car crashes and auto fatalities.
The website MyCarDoesWhat.org is a great resource for drivers wanting to learn more about how their car’s safety features actually work. Offering videos and graphics, the website is informative for everyone who drives. Whether you’re looking to learn about what a specific icon means or which features are helping to reduce the risk of crashes, MyCarDoesWhat.org is likely to have the answers.
On the website, you’ll learn more about:
Adaptive Cruise Control
Adaptive Headlights
Anti-Lock Braking System
Automatic Emergency Braking
Automatic Parallel Parking
Automatic Reverse Braking
Back-Up Cameras
Back-Up Warnings
Bicycle Detection
Blind Spot Warnings
Brake Assist
Curve Speed Warning
Drowsiness Alert
Electronic Stability Control
Forward Collision Warning
High-Speed Alert
Hill Descent Assist
Hill Start Assist
Lane Departure Warning
Lane Keeping Assist
Left Turn Crash Avoidance
Obstacle Detection
Parking Sensors
Pedestrian Detection
Push Button Start
Rear Cross-Traffic Alerts
Sideview Cameras
Temperature Warning
Tire Pressure Monitoring Systems
Traction Control
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.
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.
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).
Try to stay calm. Tell anyone else involved in the accident that you have called 911 and help is on the way.
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.
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.
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.
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.
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.
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.
Top 10 New Hampshire Labor Law Violations
FACT SHEET
Failure to pay all wages due for hours worked, fringe benefits, breaks less than 20 minutes, etc. *RSA 275:43 and Lab 803.01;
Failure to keep an accurate record of all hours worked. *RSA 279: 27 and Lab 803.03;
Failure to provide written notice to employees of their wage rate, pay period, payday, and a description of fringe benefits, including any changes. *RSA 275: 49 and Lab 803.03.;
Illegal employment of workers under 18 (not having proper paperwork, hours violations, or working in a hazardous environment). *RSA 276-A: and Lab 1000;
Failure to pay 2 hours minimum pay at their regular rate of pay on a given day that an employee reports to work at the request of the employer. *RSA 275:43-a and LAB 803.03 (h),(i),(j);
Failure to secure and maintain workers compensation coverage and misclassification of employees. *RSA 275:42 I & II and RSA 281-A;
Failure to pay minimum wage for all hours worked. *RSA 279:21;
Employment of Undocumented Workers Prohibited. *RSA 275-A: 4-a;
Illegal deductions from wages. *RSA 275: 48 and Lab 803.02(b),(e),(f);
Failure to have a written safety plan, joint loss management committee, and safety summary form if required. *RSA 281-A:64 and Lab 602.01, 602.02, 603.02, and 603.03.
This list is provided by the Department of Labor as a service to employers in order to assist with education and compliance in the future. It is a quick reference to the most common violations reported on the New Hampshire Department of Labor Inspector’s reports. *References to each applicable law and rule may be reviewed online where all the New Hampshire labor laws can be found on their website at www.nh.gov/labor.
LEGISLATIVE UPDATE:
New Hampshire’s Governor Chris Sununu signed into law
HB 359, which states that beginning January 1, 2020, pharmacists will be required to apply an orange label on the cap of prescription bottles that contain an opioid.
John B. FitzGerald, III Is Named Top 10 Workers’ Compensation Law Attorney
Attorney and Practice Magazine has named John B. FitzGerald, III as a Top 10 Workers’ Compensation Law Attorney. This achievement is awarded to less than 1% of attorneys nationwide who have demonstrated the highest degree of excellence in workers’ compensation law.
How to Properly Install a Carseat to Prevent Injury
As you buckle in your most precious possessions, your children, you want to be sure of one thing—that they are safe and sound.
It is a parent or caregivers worst nightmare to be driving along and happen upon an unforeseen circumstance that causes them to get into an accident. What is even worse is when that accident causes harm to the little one they love, especially if that harm is because the car seat was not installed properly. It is the driver’s responsibility to ensure that all child-passengers are properly restrained.
Face the Car Seat in the Right Direction
If you are a first time parent or caregiver who is installing a car seat for the first time, or if you have gotten a new car seat recently, it would be beneficial for you to become acquainted with how to install it properly.
One of the first things that you need to check for when you install a car seat is that it is facing the right direction. Most pediatricians recommend, and some laws require a child to be rear-facing in a car seat until they are two years of age. However, before installing the car seat, it is best to check with your state laws as well as the height and weight recommendations on the seat instructions. Ignoring the seat height and weight requirements for which direction it should be facing could increase the risk of injury to your child in the case of an accident.
Make Sure the Car Seat is Level
To help prevent serious neck and head injuries in your infant or child, it is important to make sure that the car seat is level. On most car seats, the bottom of the seat has a leveling mechanism and display to help ensure that the seat is properly installed. Many seats also have recommendations of which level to recline the seat to keep your child safe.
Secure the Seat Properly
Once your car seat is installed facing the right direction and it is level, you need to make sure that it is properly and safely secured. Some vehicles come with lower anchors in the back seat, which you can use to help make the seat more stable. If you are using a base, there will be a place where you can put the seatbelt through and be able to tighten it. Additionally, your seatbelt may have a locking mechanism that you can use to limit the movement of the seatbelt.
When you are finished installing your car seat, it should be able to pass a “wiggle test.” This means that if you wiggle the car seat, it should not be able to move more than one inch in any direction.
If installing a car seat seems overwhelming to you, don’t worry. There are many locations where you can get your seat checked to make sure that it is installed properly. Additionally, many local fire departments, police stations, or hospitals hold annual or semi-annual events where you can take your car seat to get checked free of charge. Taking advantage of these services is a great choice because there is nothing more important than the safety of your child.
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 needed due to development of the spine.
Be sure to check YOUR state’s requirements along with the laws in the states you visit.
Understanding Vocational Rehabilitation Options
If you’ve been hurt or injured while at work and have filed for or received workers’ compensation benefits, it’s important to understand what vocational rehabilitation is and what your options are. Depending on the severity and extent of your injuries, there’s a chance that you’ll need additional help to get back to work. Vocational rehabilitation services (VRS) as an important part of the workers’ compensation benefits that you receive.
What is Vocational Rehabilitation?
When your medical provider has given you a work release, you are obligated to return to work. In New Hampshire, if you are unable to return to the kind of work for which you have training or experience, you are entitled to vocational rehabilitation services under RSA 281-A:25. A vocational counselor will be assigned to assist you in your return to work.
What is a Vocational Rehabilitation Counselor?
The vocational rehabilitation counselor needs to be a Certified Vocational Rehabilitation Provider (CVRP). The designation is achieved through training, experience, and national certification. For New Hampshire cases, the CVRP designation is required for those who provide vocational rehabilitation services. In other words, the person providing vocational rehabilitation services to you (no matter where you live) is qualified to do so and is aware of the laws and ethics involved.
What is the Goal of Vocational Rehabilitation Services?
Although an umbrella for a variety of different services, all vocational rehabilitation activities have the common goal of helping you return to work and are provided in a certain order:
Return to the same job, the same employer;
Return to the same job modified, the same employer;
Return to a different job, the same employer;
Return to the same job, different employer;
Return to same job modified, different employer;
Return to a different job, different employer;
On the job training;
New skill training or retraining;
Other educational/academic program
What Type of Services Are Provided?
The type of vocational rehabilitation services you receive depends on what you need, specifically based on the type of injury you’ve had. It’s also important to remember that vocational rehabilitation is a federal-state program, which means that it varies from state to state.
Vocational, medical, psychological assessment and evaluation
Ongoing training
Refresher courses
On-the-job training
Professional counseling
Job coaching
Supported employment
Career searches
Workplace accommodations and modifications
Assistive technology and devices
What is a Temporary Alternative Duty (TAD)?
As you regain work capacity, your vocational rehabilitation counselor may assist you in returning to temporary alternative duty with your employer. Temporary alternative duty (TAD) is made up of duties, which you can fulfill at your present employer with your doctor’s permission. It may be only a few hours a day until you regain your maximum work capacity. It is not a permanent new job and is intended to allow you to be productive while you recover from your injury. Should you not regain your previous work capacity, it may still be necessary to seek a new type of work or employer.