It’s Christmas Eve and your lovely grandmother, Susan Jackenheimer, was walking home during a light snow storm. Out of nowhere a massive red sleigh came up behind her and ran her over. Leading the sleigh were eight reindeer, and a jolly large man yelling “Ho! Ho! Ho!” was behind the wheel. Sadly, you found poor Grandma lying face down in the snow, hoof prints on her forehead, and footprints all over her back. While you wonder if the old man driving the sleigh has had a recent eye exam for his license, you are left with trying to help your grandmother recover from her injuries. She has been diagnosed with a significant concussion syndrome and her back is in excruciating pain. She is worried about how to get these bills paid and getting justice for what happened to her.
At Parnell, Michels & McKay, we have experienced Personal Injury Attorneys who can assist with accidents where a person is injured by a motor vehicle, motorcycle, ATV, or animal attack. Grandma Jackenheimer may be eligible for Medpay Benefits through her auto insurance carrier to help pay medical bills early on in the process. These Medpay benefits can be used towards her medical bills, including hospital visits, insurance copays, and so on. Medpay benefits do not require a finding of fault and are automatically available by filing with the insurance company. However, the individual policy will limit the amount of Medpay benefits available, so be sure to review your auto insurance policy.
Grandma Jackenheimer can also claim damages for her loss of enjoyment of life, otherwise known as pain and suffering in addition to her medical bills. This can be the continuing pain from her back injury, difficulties with her family dealing with her changed personality due to post concussion syndrome, or having to give up baking from the trauma of that large man in a red suit cackling and spilling cookies and milk on her as she lay in the snow injured. Any of these claims require Grandma Jackenheimer to prove that St. Nick was at fault for the accident and did not drive the sleigh with due care that a reasonable driver would use. Often, using the rules of the road in a particular state are a good way of demonstrating how the driver, like Santa, caused the injury by negligence.
Finally, if Grandma Jackenheimer can prove that St. Nick had too much eggnog the night of the accident and was inebriated, she may qualify for enhanced compensatory damages under New Hampshire law. Enhanced compensatory damages are complicated, and require an experienced attorney to pursue.
At Parnell, Michels & McKay, we can give you learned advice about the best way forward with your injury claims, even if you were run over by a reindeer. If your Grandma, or any family member, needs our help contact our team of personal injury attorneys today.