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.

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.

WORKERS’ COMPENSATION AND PREMISES LIABILITY

Some workers’ compensation cases are straightforward, while others are less obvious but still result in injuries that may be compensable.  If, for example, you fall and injure yourself on a staircase at work, many factors need to be explored.  Was the injury the result of a hazardous condition?  Were the stairs cluttered, the railing not accessible, or was the carpeting torn or loose?  The individual factors that contributed to your injury may result in a third-party claim against the owner of the building and/or their property management company for negligence in addition to your workers’ compensation claim.

Another less obvious case of premises liability may occur due to mold or airborne irritants at your worksite that contribute to an illness or allergy on your part.  Black mold is an often invisible but toxic substance.

If you are working in an environment where you might be exposed to mold from ongoing dampness or in a setting where there had been water damage that was not properly eradicated, your exposure could result in illness that is less immediately obvious but debilitating nonetheless.  In such cases, there may be coercion by the business owner to keep everyone at work and not make the necessarily expensive repairs required to guarantee the health and well-being of employees.  This adds another dimension of liability to the claims.

In these situations, you need an experienced, aggressive attorney to represent your interests and explore the environment's specific components that gave rise to your illness or injury.  At Patch & FitzGerald, we have the experience and expertise to handle complicated cases such as these and the track record of success that will make you feel confident that you have selected the right advocate for you and your family.  At Patch & FitzGerald, we relentlessly pursue justice for our clients, and we know the ropes better than anyone else.  This is why we are happy to take these cases on a contingency basis at absolutely no cost to you.  We assume the risk, and we win when you win. That allows you to concentrate on feeling better. 

CONSTITUTION DAY!

Constitution Day commemorates the formation and signing of the U.S. Constitution by thirty-nine brave men on September 17, 1787, recognizing all who are born in the U.S. or by naturalization, have become citizens.

United States Constitution

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Article. I.

Section. 1.

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Section. 2.

The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Section. 3.

The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof for six Years; and each Senator shall have one Vote.

Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Section. 4.

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.

Section. 5.

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

Section. 6.

The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

Section. 7.

All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Section. 8.

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;–And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Section. 9.

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No Bill of Attainder or ex post facto Law shall be passed.

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.

No Tax or Duty shall be laid on Articles exported from any State.

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

Section. 10.

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Article. II.

Section. 1.

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:–“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

Section. 2.

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Section. 3.

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Section. 4.

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Article III.

Section. 1.

The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.

Section. 2.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;–to all Cases affecting Ambassadors, other public Ministers and Consuls;–to all Cases of admiralty and maritime Jurisdiction;–to Controversies to which the United States shall be a Party;–to Controversies between two or more States;– between a State and Citizens of another State,–between Citizens of different States,–between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Section. 3.

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Article. IV.

Section. 1.

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Section. 2.

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

Section. 3.

New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

Section. 4.

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.

Article. V.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Article. VI.

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Article. VII.

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

The Word, “the,” being interlined between the seventh and eighth Lines of the first Page, the Word “Thirty” being partly written on an Erazure in the fifteenth Line of the first Page, The Words “is tried” being interlined between the thirty second and thirty third Lines of the first Page and the Word “the” being interlined between the forty-third and forty-fourth Lines of the second Page.

Attest William Jackson Secretary

Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty-seven and of the Independence of the United States of America the Twelfth In witness whereof We have hereunto subscribed our Names,

G°. Washington
Presidt and deputy from Virginia

Delaware
Geo: Read
Gunning Bedford jun
John Dickinson
Richard Bassett
Jaco: Broom

Maryland
James McHenry
Dan of St Thos. Jenifer
Danl. Carroll

Virginia
John Blair
James Madison Jr.

North Carolina
Wm. Blount
Richd. Dobbs Spaight
Hu Williamson

South Carolina
J. Rutledge
Charles Cotesworth Pinckney
Charles Pinckney
Pierce Butler

Georgia
William Few
Abr Baldwin

New Hampshire
John Langdon
Nicholas Gilman

Massachusetts
Nathaniel Gorham
Rufus King

Connecticut
Wm. Saml. Johnson
Roger Sherman

New York
Alexander Hamilton

New Jersey
Wil: Livingston
David Brearley
Wm. Paterson
Jona: Dayton

Pennsylvania
B Franklin
Thomas Mifflin
Robt. Morris
Geo. Clymer
Thos. Fitzsimons
Jared Ingersoll
James Wilson
Gouv Morris

https://www.constitutionday.com/the-constitution-text.html

John B. FitzGerald, III Receives 2019 10 Best Workers’ Compensation Attorney Award

Patch & FitzGerald is proud to announce that The American Institute of Personal Injury Attorneys has named John B. FitzGerald, III as a 2019 10 Best Workers’ Compensation Attorney.

If you have sustained an injury while working, you should contact an attorney who has experience in workers’ compensation and third-party claims in New Hampshire. Patch & FitzGerald handles Workers’ Compensation and Personal Injury claims. Please feel free to call us at 603-647-2600. Always a free initial consultation.

Proving Negligence in a Slip and Fall Case

To successfully argue and win a slip and fall case, you have to be able to prove negligence.  This means the business or property owner where the fall happened was not acting responsibly to prevent injury.  When looking at slip and fall cases, they typically can be categorized in three ways:

1. Foreign substance falls (slipping on snow, ice, spills).

2. Stair falls

3. Floor or threshold falls

To prove negligence in a slip and fall claim caused by foreign material,  you will need to provide your legal team with photos of the accident location.  This evidence will help establish the conditions that caused the fall.   The sooner you take these pictures after your accident, the better. In some cases, photos or videos taken just before your fall can work as well. Without proof of the conditions, whether via photograph or video, it can be challenging to argue, and therefore win, your case.

Because it is up to the plaintiff to prove the accident, the more information, you can gather about your slip and fall, the better. Without evidence, it will just be your word against the property owners. If you need to be transported to the hospital after your fall, having someone else on the scene to document the accident, can make a big difference for your case.  This is especially true when property owners rush to clean up the scene of the accident, making it impossible to document anything in the days to come.

Knowing how crucial photographic evidence is, take as many pictures from different angles and perspectives as possible.  Showing before and after photos and any other evidence that the property owner attempted to cover or hide their negligence, can make all the difference in winning your case.  Your lawyer will attempt to collect records of maintenance from the property owner, which will help argue your case.  The more evidence you can gather yourself as soon as the accident happens, the better.  Maintenance records can show negligence, but they don’t necessarily prove that it was the cause of your slip and fall.

In addition, your legal team will also look at building design, specifically if your fall happened on a staircase. If the building’s or property’s staircase has design problems, then arguing your case will be much easier. In general, the most significant staircase design issues include things like:

• Missing or insufficient handrails

• Improperly installed handrails

• Staircase risers being too high, too low, or varying in height

• Staircase steps insufficiently deep

• Worn or damaged landings or stairs

In most cases, a construction expert will be hired by your legal team to examine the property and the site of your accident. This expert will inspect things like staircases and thresholds, documenting their findings so that they can be used in your case.

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.

Workers’ Compensation and Third-Party Claims

In the state of New Hampshire, if you become injured while on the job, you cannot sue your employer, instead you will receive workers’ compensation benefits. Your workers’ compensation benefits typically represent the sole remedy for the damages sustained from an injury such as this; however, depending on your circumstances, you may have a third-party claim against another entity or individual.

What Circumstances May Result in a Workers’ Compensation Claim with an Additional Third-Party Claim?

Here are a few examples of instances where a workers’ compensation claim may also have an additional third-party claim.

A Car Crash

If the town florist’s delivery person is in the process of making a flower delivery and another vehicle slams into the back of the delivery van, causing the driver to suffer whiplash and a shoulder injury, he or she may have a third-party claim.

Although many states will automatically assign blame to the driver of the car that did the rear-ending, New Hampshire is not one of those. When it comes to rear-end car crashes in the state of New Hampshire, fault is determined based on the evidence.

Issues that could cause the leading driver to be considered at fault include:

• Neglecting to have taillights on while driving at night.

• Pulling out into traffic too fast and/or unexpectedly.

• Changing lanes irresponsibly, such as by pulling directly into the path of another vehicle.

Since the delivery driver sustained the whiplash and shoulder injury while on the job, he or she will receive workers’ compensation benefits from the employer. In addition, if it is determined that the other driver is at fault, the delivery driver will be able to seek compensation via a third-party, personal injury claim for the damages that the other driver’s negligence caused.

Defective Machinery

A lab employee of a hospital is contracted out to take blood samples from patients in various nursing homes. While visiting one of these homes, the employee sustains a hip injury as she exits an elevator: Unknown to the employee, the elevator had stopped short, and opened the doors; therefore, when the lab employee went to step out of the elevator, there was no floor beneath her foot. She tumbled forward, falling out of the elevator and injuring her hip.

Since the employee was working for the hospital at the time she sustained the hip injury, she will receive workers’ compensation benefits. In addition, if there is evidence that the nursing home and/or the elevator company responsible for maintaining the elevator were negligent, she also has a third-party claim: She may have a third-party claim against both of these entities.

Potential negligence could be that the nursing home disregarded previous elevator malfunctions and just kept running the elevator instead of putting it out of service. The elevator maintenance company may have given the nursing home directions to temporarily ‘fix’ the problem until they arrive in a couple of days by just ‘resetting’ the elevator. Directing the maintenance person to power it down and then turn it back on.

A Fall

As an employee walks across his employer’s parking lot, he slips on a piece of ice, which causes him to fall abruptly forward, ultimately landing on his left knee. Since he sustained his knee injury while on the job and while walking in his employer’s parking lot, he will have a workers’ compensation claim.

In addition, if the employer has a separate entity take care of the parking lot during the winter months, as long as the employee can prove that the company caring for the parking lot was negligent, he can file a third-party claim against the parking lot maintenance company.

Injured Employees Must Explore the Potential of Third-Party Claims

It is essential that employees who sustain injuries at work explore the possibility of third-party claims, especially when you consider the few remedies that are available through workers’ compensation. In New Hampshire, injured employees who are unable to work receive lost wages at a rate that is equal to only 60 percent of their average weekly pay.  With a third-party claim, injured employees may be able to attain compensation for damages like the pain, suffering, and emotional distress that are not covered through their workers’ compensation benefits.

What if an Employee Successfully Receives Compensation from a Third Party After Collecting Workers’ Compensation Benefits?

In the event that an injured employee collects workers’ compensation benefits and then receives a settlement or wins a personal injury lawsuit (arising from the same incident), the workers’ compensation carrier that paid the employee’s benefits may be entitled to reimbursement for the amounts paid.

If you have sustained an injury while working, you should receive workers’ compensation benefits. In addition, depending on how you became injured, you may have a third-party claim. To determine if you have the ability to seek compensation from a third party, you need to meet with an attorney who has experience in workers’ compensation and third-party claims in New Hampshire.

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

5 Common Teacher Workplace Injuries

Teachers have a lot on their plate, especially at the beginning of the year when they’re busy getting their classrooms set up, welcoming new students, and running to and from meetings and the workroom. With so much going on, it’s understandable that teachers get physically hurt at work. Whether trying to help a student or just getting from one room to another, accidents are right around the corner at a lot of our nation’s schools.

BELOW ARE THE FIVE MOST COMMON TEACHER WORKPLACE INJURIES IN THE UNITED STATES RIGHT NOW.

1. Slip and fall accidents.

Because there are so many people in a school, including sometimes small children, there are more than enough opportunities to have something spilled on the floor. Add that to slippery tile, and it’s no wonder that slip and fall accidents are so common with teachers. As the weather gets cooler, parking lots and sidewalks also become icy, which can lead to other accidents. Although many times these falls don’t cause serious injury, sometimes they do, including broken bones and damage to the neck and back.

2. Toxic exposure.

Mold, including asbestos, inside schools, can be incredibly harmful to teachers, especially when they don’t know it’s happening. Other toxins, however, can be just as harmful and more difficult to identify (or prevent), including dirt, dust, and other fumes. Prolonged exposure to toxins can result in headaches, altered vision, and rashes. In severe cases, cancer can also be linked to toxic exposure, which is why it’s so important for teachers to get the help they need if this has happened at their workplace.

3. Repetitive strain injuries.

Teachers do a lot of the same workday after day, year after year, which can lead to uncomfortable repetitive strain injuries. The most common reasons for these types of injuries include typing, grading papers, prolonged standing, and sitting too long at a desk. Carpal tunnel is one of the most documented repetitive strain injuries within the teaching profession.

4. Violence.   

Especially when working with older students, teachers are at risk of being victims of violence while at work. From breaking up serious fights to being attacked in the classroom, the reality many teachers face each day at school needs to be recognized. The injuries that can result from such violence can range from minor to serious, and sometimes, and even fatal.  Unfortunately, school crimes are underreported to police, states, and to the public.  According to the National School Safety and Security Services, there are countless documented examples of serious school crime and serious incident underreporting, non-reporting, and delayed reporting across the United States.

5. Psychological injuries.

More difficult to pinpoint than other work injuries, teachers experience more and more trauma in the classroom.  In addition to the stress, many teachers feel on and off throughout the school year, some teachers develop depression or anxiety including post-traumatic stress disorder (PTSD) from their profession, needing to seek treatment in severe cases.

Of course, is just a list of the most common types of workplace injuries teachers face today.  In reality, there is a lot that can happen while working at a school and with students, which is why it’s so important that teachers understand how to get the support they need if and when they become injured or hurt on the job.

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.