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    I feel I was wronged in trial court, can I file an appeal to the Supreme Court?

    The words “appeal” are prevalent in our society today. Typically, following a flashy criminal trial, or much publicized civil one, the losing lawyer states they’re “going to appeal”. Most people assume that appeals occur as a matter of course or that they are automatic. This is incorrect. In New Hampshire, parties need to file what is called a notice of appeal and comply with several other trial court and Supreme Court rules to effectively commence an appeal. On their face, notice of appeals appear to be easy. The Court’s form requires basic information about the trial court, dates of hearings, parties, and some other obvious information. However, while they are relatively easy to file, parties need to take care in preparing their filing. First what…

  • The MA & NH Injury Guide for Auto, Trucking and Motorcycle Accidents

    An auto accident can leave you dealing with much more than vehicle damage. If you were injured in a crash in Massachusetts or New Hampshire, you may suddenly be facing medical treatment, missed work, insurance calls, mounting expenses, and uncertainty about what to do next. The steps you take immediately after an accident, and during the weeks that follow, can have an important impact on your health, finances, and potential injury claim. This guide explains what to do after an auto accident in Massachusetts or New Hampshire and highlights some important differences between the two states. Important: This article is general information, not legal advice. The laws governing an individual accident can depend on the facts, insurance policies, location of the crash, and the people involved….

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    The Exclusivity Rule in Worker’s Compensation

    After you’ve been injured at work, you likely have many questions. You may have heard of the Exclusivity Rule in worker’s compensation but have questions about the rule. You may have questions about the way your worker’s compensation claim is moving forward. What is the Exclusivity Rule, and how does it affect your worker’s compensation claim? By law, accidental injuries which occur at work must exclusively be brought under the worker’s compensation statute. This requirement to bring these claims as worker’s compensation cases is called the Exclusivity Rule. The Exclusivity Rule means that claims based on a work-related injury that could be brought against an employer or coworker are barred, except in very limited circumstances, and thus the “exclusive” remedy is in workers’ compensation. This…

  • Understanding Medical Malpractice Law in New Hampshire

    Medical malpractice cases in New Hampshire represent one of the most complex and consequential areas of personal injury law. When patients seek medical care, they trust that doctors, nurses, and hospitals will provide treatment that meets accepted professional standards. However, when that trust is broken and negligence occurs, the legal system provides a pathway for victims to pursue compensation and accountability. Understanding Medical Malpractice Medical malpractice occurs when a healthcare provider deviates from the accepted “standard of care” and causes injury or harm to a patient. This can include errors in diagnosis, treatment, aftercare, or overall health management. In New Hampshire, malpractice claims must meet four essential elements: These elements typically require expert medical testimony, making malpractice cases particularly challenging and resource-intensive. Common Types of…

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    How will my settlement be taxed after a personal injury, worker’s compensation, or employment case?

    Our clients who receive settlement payments often have questions about how these settlement payments will be taxed, or if they will be taxed at all. While our firm does not practice tax law, and we always advise our clients to discuss these matters with an experienced accountant or tax preparation service, this article discusses the general rules for taxation of settlement payments in the areas of law our firm practices. Taxation in personal injury cases is simple: you will not pay taxes on a personal injury settlement in almost all circumstances. The IRS does not tax settlement money for personal injury claims because these funds are intended to make an injured person whole again. In other words, the federal government does not consider settlement of…

  • What Is Negligence Per Se?

    We previously addressed the term “negligence” and how that term is used in civil law, and, more specifically, in personal injury cases. However, at Parnell, Michels & McKay, we often use a theory called “negligence per se” to increase our chances of success in an injury lawsuit. Negligence per se is the legal doctrine where an act is considered automatically negligent because the person violated a statute or regulation. Typically, this can be seen in a traditional auto accident case. For example, let’s say Mary is driving her car and came to a four-way intersection with traffic lights on all four sides. Mary’s light is red, so she comes to a complete stop. Mary’s light turns green and she starts to proceed through the intersection….